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Apex Zenith Findings H-2024-0052
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for the requests to rezone 71.7-acres from R-4 to C-G,annex 77.71- acres with C-G and R-15 zoning districts, and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq.ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre)uses. ,by Brighton Corporation. Case No(s).H-2024-0052 For the City Council Hearing Date of: January 14th,2025 (Findings on January 28th, 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 14"', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 28th,2025, 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 I I 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 § I I-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(Apex Zenith—H-2024-0052) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 14ti',2025,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 Rezone,Annexation, and a Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 14',2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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 §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 14',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -2- 28th January By action of the City Council at its regular meeting held on the day of 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 1-25-2025 Attest: Chris Johnson 1-25-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 1-25-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -3- Exhibit A COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT REPORT = HEARING 1/14/2025 ~' �I Legend DATE: Project Location TO: Mayor&City Council Area of Impact i= City Limits FROM: Bill Parsons, Current Planning O Analysis _ Supervisor 208-884-5533 ' � F bparsons@meridiancity.org -� APPLICANT: Amanda McNutt, Brighton Corporation SUBJECT: H-2024-0052 Apex Zenith LOCATION: Generally located at the southeast corner of Meridian Road and Lake Hazel in the east'/z of the northwest 1/4 of Section 6, P 7 T.2N.,R.1 E. 1' PROJECT OVERVIEW A. Summary The applicant requests to rezone 71.7-acres from R-4 to C-G, annex 77.71-acres with C-G and R- 15 zoning districts, and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq. ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre)uses. B. Issues/Waivers 1. The applicant is requesting City Council waiver for two accesses(one 3/4 public street access and RIRO driveway)to Meridian Road and a right-in/right-out driveway to Lake Hazel Road in accord with UDC 11-3A-3 and subject to ACHD and ITD approval. ITD has provided comments with approval of three(3) access points to Meridian Road. However,if Council grants the waiver,the 1/4 should be restricted RIRO only and not 3/4 movement as proposed. The phasing of the proposed accesses is provided below.If these accesses are not approved as requested, a new concept plan should be required with their removal. Additionally,the applicant has been coordinating with ITD on a STARs agreement to address transportation improvements along SH-69 and accesses along its frontage.In 1998,ITD granted the applicant three deeded accesses between Lake Hazel and Aristocrat.ITD has noted that it will allow full access at Aristocrat,restricted access at the 1/4 Mile(Spire) and restricted access at the 1/8 Mile. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024,both the 1/4 Mile Collector FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -4- (Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved, and constructed. 2. The applicant is seeking the ability to obtain three(3) building permits with the first phase of development. The applicant intends to reconfigure the property with a future property boundary adjustment application to facilitate the construction on these parcels until the remainder of the property is subdivided with phase two (2). Although staff is amenable to this approach, a master concept plan for the overall development is necessary to ensure compliance with the Plan and justify the"float" of the Mixed-use Regional designation across the Lake Hazel frontage. The applicant recognizes the importance of these details however,they intend to provide many of them with phase two (2)to be memorialized with a future amendment to the development agreement. The Commission and Council should be aware that this approach may result in a fragmented and uncoordinated design and lack key elements including functional and physical integration,shared design features, and purposeful open spaces. Staff is recommending many of these items be addressed in the new DA as noted below. The Commission and Council should carefully evaluate whether deferring critical details to phase two is justifiable without a more comprehensive framework for the development. C. Recommendation Staff: Approval with a new Development Agreement(DA). Commission: Approval D. Decision Council: II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Agriculture - Proposed Land Use(s) Commercial and Residential - Existing Zoning R-4 and RUT in Ada County VILA.2 Proposed Zoning C-G and R-15 Adopted FLUM Designation Mixed Regional and Medium-High Density VILA.3 Residential Table 2: Process Facts Description Details Preapplication Meeting date 8/20/2024 Neighborhood Meeting 9/19/2024 Site posting date 12/9/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District IV.D • Comments Received Yes - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -5- • Commission Action No - Required • Access Access is proposed off Aristocrat Dive and Prevail - Avenue, both collector roadways.Additionally,the applicant is requesting a local street access with % movements and a RIRO driveway off Meridian Road and a RIRO driveway off Lake Hazel Road. • Traffic Level of Service SH-69 (Meridian Road): ACHD does not set a - threshold for State Highways. Lake Hazel Road: Better than E ITD Comments Received Yes; ITD is going to approve three (3) access points to IV.E State Highway 69 (Meridian Road).This includes Aristocrat Drive (Full signalized access), Spire Street (Right In/Right Out), and a private drive aisle (Right In/Right Out). Meridian Public Works IV.B Wastewater • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions Meridian Public Works Water IV.B • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions School District(s) West Ada School District • Capacity of Schools Mary McPherson Elementary: 550 Program Capacity - Victory Middle School: 1000 Architectural Capacity Mountain View High School: 2175 Architectural Capacity • Number of Students Mary McPherson Elementary: 484 Students - Enrolled Victory Middle School: 1056 Students Mountain View High School: 2537 Students Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record at this link. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -6- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1406223014 Date Retrieved:2024/10/8 Parcel Count Parcel Acreage Infill Indicator: 220 561 Surrounding Area 34% Not city 354 City Limits ❑ Not City 1 n7S Household Change Household &Population Growth Households � O 2020 Population Chanqe: 88.2% Population ■Growth (Household and Population Change since 2010 Decennial) 500 1,000 1,500 2,000 Use Types Residential Addresses All Addresses Single-family 811 ® Multi-familv1W i o ❑ Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I I Proposed Pending Pending Approved Approved 1 2000 4000 6000 0 0.5 1 Single-family Acres ® Multi-familv Acres FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -7- Figure 2: ACHD Summary Metrics E. Lake Hazel Road Existing Lanes © Planned Lanes Existing Level of Service Notable ACHD Comments V/' Q (Primary roadway impact} Programmed IFYP Programmed CIP © S. Meridian Rd Existing Lanes © Planned Lanes m Existing Level of Service _W Notable . Comments Q (Primary roadway impact} Programmed IFYP jQ Programmed CIP *E. Lake Hazel Road has been widened by the applicant to 5 lanes from S.Meridian Road to S. Apex Avenue. The level of service listed above is for the existing 2-1ane road. Traffic counts are from June 2018. Figure 4: Service Impact Summary ImpactService . . Ready Q O O O Marginal O O O O Caution O O O o�ye e� �ooa � o\\oe, �aAy a��� :�`o� �a\� p�`Je �a\� � �' comma �o lll. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The proposed development spans 149.41 acres across five parcels,with the western half designated as Mixed-Use Regional(MU-R)and the eastern half as Medium-High Density Residential(MHDR)on the Future Land Use Map(FLUM). The area proposed for rezoning falls within the MU-R designation,which promotes a balanced integration of employment,retail,residential, and public uses,particularly near major arterial intersections. This designation aims to create diverse and connected communities where residents can live,work, and shop locally. The area being annexed is designated as Medium-High Density Residential. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and project identity. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -8- The applicants'concept plan is consistent with the Mixed-Use Regional and Medium-High Density Residential FLUM designations. However,the applicant is requesting the northern portion of the MHDR spanning across the Rawson Canal(approximately 11 acres)be zoned C-G. This would float the MU-R FLUM designation into the MHDR designation. The comprehensive plan supports the float of C-G zoning into the area designated as MHDR with the inclusion of the following elements: Plazas between commercial and residential including a main focal point, active and shared open space within the mixed-use designation and neighboring uses,a mix of three (3)different uses, and 8-foot parkways with on-street parking. The applicant has not provided these details with this application; however,these elements will be a provision in the Development Agreement. Staff is supportive of the float because it will add a critical third use to the development in the form of employment,however,the applicant will be held to the inclusion of the elements listed above. The Planning and Zoning Commission and City Council should evaluate the float and project to determine if other design elements should be incorporated in the overall development. The subject development is proposed to be completed in two phases. The first phase is going to include three buildings on the northwestern portion of the site. The applicant has provided a concept plan for phase one indicating where the three buildings are located. Staff has determined that details for development of phase two will be required through a development agreement modification. Phase one will be restricted to three building permits before a development agreement modification with additional details will be triggered. Below staff has compiled a development consistency matrix how and when compliance is to occur with development of the property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -9- Figure 4: Development Consistency Matrix UDC, Comp Plan, or ASM Compliance Phase Standard Residential uses are expected to The applicant is proposing future 2 comprise between 10% and 30% residential in the C-G zoned area. of the development area,with However,the details have not been gross densities ranging from 6 to provided. Staff will restrict the 40 units/acre. residential uses to 10%—30%of the original 71.7 acres in the MU-R designation. The additional 11 acres included in the float along E. Lake Hazel will not be included in the calculation for residential. This will be evaluated with the future development agreement modification in phase two. The minimum for non-retail The applicant is proposing three(3) 1 and 2 commercial uses such as light- different uses in the form of office,office, clean industry, or commercial(retail), entertainment uses, is 20%of the office/employment,and residential. mixed-use area. While the percentage of non-retail is not specified the applicant has indicated they intend to construct approximately 100,000 square feet of office/employment. This will be evaluated with the future development agreement modification in phase two. Retail commercial uses should The applicant is proposing three(3) 1 and 2 comprise a maximum of 50%of the development area. different uses in the form of commercial(retail), office/employment,and residential. While the percentage of retail is not specified the applicant has indicated they intend to construct approximately 446,000 square feet of commercial/retail. This will be evaluated with the future development agreement modification in phase two. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 10- For mixed-use developments, at The current concept plan shows no 1 least 40%of the buildable building frontage along Meridian frontage must be occupied by Road. To satisfy the 40% building facades or public space. requirement for phase one,the applicant should relocate the building to the Meridian Road frontage.After discussing with the applicant,they would like to defer the building frontage to phase two. This would require approximately 2,017 feet of building frontage along State Highway 69 and E. Lake Hazel Road when excluding the anchor tenant's frontage. This will be a requirement in the development agreement. No more than 50%of the total In compliance with this standard. 1 and 2 off-street parking area for Future development will be properties over two acres can be evaluated with the development located between building facades agreement modification in phase and abutting streets. two. Mixed use projects are to be The applicant is requesting to delay 2 developed with an overall master a master concept plan to phase two, or conceptual plan for the larger after the anchor user has been mixed-use area. established. Staff has concerns about this approach as it can be difficult to achieve key design elements with future applications. The applicant should discuss with the Commission and Council how the design elements will be met. Mixed use areas must include at In compliance with this standard. 1 and 2 least three land use types within a The applicant is proposing three(3) designation. different uses in the form of commercial(retail), office/employment,and residential. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 11 - Functional Integration: The applicant has not provided 2 Developments must show that details on phase 2 of the even undeveloped parts of the development. Staff has concerns area can be functionally about this approach as getting the integrated, either immediately or mixed-use components is vital to conceptually. The project should the approval of this application. The prove that all planned applicant should inform the components can work together Commission and Council how these cohesively. Local connectivity is design elements will be met. required to limit local trip impacts to the regional network, both for traditional single-family homes and in mixed-use areas. Purposeful Open Space: Open Details of open space have not been 2 spaces should not be incidental provided. Staff has provided DA but purposefully designed to provisions requiring this with the enhance connectivity and future development agreement functional integration. They modification. The applicant should should serve as common areas inform the Commission and that bring people together and Council how these design elements provide opportunities for will be met. interaction. Open space and amenities To be analyzed with phase two. 2 Access The applicant is requesting a 1 council waiver for three (3)access points,two(2)to Meridian Road, and 1 to Lake Hazel Road. Road Network/Timing The applicant is proposing to 1 complete all public road improvements with phase 1 of the development. The completion of Prevail, Spire,and Aristocrat will be completed prior to the first C of O within the development. Additionally,the applicant has been coordinating with ITD on a STARS agreement for SH-69 and adjacent roads. The specific road improvements spelled out in the STARS agreement will occur with Phase 2,if not sooner. Staff is recommending a DA provision requiring an executed agreement prior to developing phase 2. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 12- Density of Residential Portion While the applicant does not have a 2 master concept plan for the entire area,they have provided details about the density of residential that will be in this development. The C- G residential will be between 6-40 units per acre and the R-15 residential will be 8-15 units per acre. Table 4: Project Overview Description Details History H-2015-0019 AZ; DA Inst#2016-007072 Phasing Plan 2 Phases Residential Units TBD with phase 2. However,the applicant intends to development with the parameters allowed in the Comprehensive Plan—8-15 in the MHDR area and 6-40 in the MU-R area. Open Space To be determined with the future Development Agreement Modification Amenities To be determined with the future Development Agreement Modification Physical Features Rawson Canal Acreage 149.41 Acres Lots 5 lots Density R-15 Zone: 8-15 Units/Acre C-G Zone; 6-40 Units/Acre B. History The two parcels fronting S.Meridian Road(S 1406223014 and S 1406223153)were annexed in 2015 with the South Meridian Annexation. These properties were given the placeholder zoning of R-4 until future development. Due to these properties being in the Mixed Use Regional,the request for a rezone to C-G is consistent with the comprehensive plan. Additionally,the three properties on the eastern portion of the development(S 1406212601, S 1406212401, and S 1406244200) are still in Ada County with RUT zoning. During the South Meridian Annexation an outparcel was created(S 140623 3 902) and it is not being included in this application. However,this project is required to show how the development will include the out parcel with phase two(2) as it will be redeveloped in the future. Development must comply with the Functional Integration principles for development in all Mixed-Use areas. • Residential uses are expected to comprise between 10%and 30%of the development area,with gross densities ranging from 6 to 40 units/acre(of the residential area). However, staff is limiting this percentage to span across the original 71.7 acres and does not include the approximately 11 acres included in the float along E. Lake Hazel. • The minimum for non-retail commercial uses such as light-office, office,clean industry, or entertainment uses, is 20% of the mixed-use area. • Retail commercial uses should comprise a maximum of 50%of the development area. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 13- C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures included in this application. 2. Proposed Use Analysis (UDC 11-2): Comprehensive Plan policy 3.06.02B encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability. The applicant has submitted a concept plan with phase one consisting of commercial retail and medical offices/professional services. Phase two consists of commercial and residential that will be required to go through a development agreement modification prior to development. The applicant has provided little detail in the concept plan for the future phases. Staff has concerns with this approach as many key elements of mixed-use developments are not being presented at this time. However, staff has provided an avenue forward for the applicant with provisions in the development agreement requiring elements with phase two. Additionally,the applicant will be capped at 50%retail and 10% - 30%residential in the C-G portion of the site unless other features are represented allowing for bonuses to either retail or residential. The concept plan also provides some insight into the future development of the MHDR portion of the property that will be zoned R-15. Per UDC 11-2A-7,R-15 is considered Medium High Density. Per the Meridian Comprehensive Plan,this designation allows for a mix of dwelling types including townhouses,condominiums,and apartments. Residential gross densities should range from eight to fifteen dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure the quality of place and should also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and project identity. The applicant is proposing 8-15 units per acre when this portion of phase two (2)develops. Connectivity between the residential and commercial will be evaluated with the development agreement modification for phase two(2). Key elements such as plazas between commercial and residential,active and shared open space, a mix of three(3)different uses, and 8-foot parkways with on-street parking will be required with phase two (2). Additionally,the applicant will be required to subdivide this portion of the site for redevelopment purposes. 3. Dimensional Standards (UDC 11-2): Comprehensive Plan policy 3.07.0 encourages compatible uses and site design to minimize conflicts and maximize use of land. Comprehensive Plan policy 3.07.01A requires all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices. The development shall comply with the dimensional standards for the C-G and R-15 zoning districts as listed in UDC Tables 11-2A-3 and 11-2B-3. These will be evaluated with future applications. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 14- D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19) Based on the concept plan,the applicant does not fully comply with the standards outlined in UDC 11-3A-19. While they meet the requirement that no more than 50%of the total off- street parking area for properties over two acres can be located between building facades and abutting streets,they do not meet the building frontage requirements due to the proposed building location. For mixed-use developments, at least 40% of the buildable frontage must be occupied by building facades or public space. The current concept plan shows no building frontage along Meridian Road. To satisfy the 40%requirement for phase one(1),the applicant should relocate the building to the Meridian Road frontage. Staff recommends sliding the building to the west and positioning it along this road. However, after discussing with the applicant,they would like to defer the 40%building frontage to phase two(2)with the remainder of the entitlements. Staff has estimated the frontage along Meridian Road is approximately 2,642 feet and the frontage along E. Lake Hazel Road is 2,400 feet. The anchor tenant consumes approximately 700 feet of the frontage along Meridian Road. This leaves roughly 4,342 feet of frontage along Meridian and Lake Hazel Roads with 2,017 feet being required to be occupied by building frontages to meet the 40%requirement. This will be a requirement in the development agreement and will be a key element for the design of phase two(2). 2. Qualified Open Space &Amenities (Comp Plan, UDC 11-3G): Qualified open space and amenities will be determined with the future development agreement modification. However,based on the standards in UDC Table 11-3G-3 and 11-3G- 4, a minimum of 15% of qualified open space is required to be provided within the development and a minimum of one(1)amenity point shall be provided for every 5 acres of gross land area. Additionally, staff will require purposeful open space between the residential and commercial areas to create an area for integration and interaction. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets The landscaping will be evaluated with the submittal of the certificate of zoning compliance.However,the applicant is required to install a 35-foot landscape buffer along S. Meridian Road(Entryway Corridor), a 25-foot landscape buffer along E. Lake Hazel Road(Arterial Road),a 20-foot landscape buffer along Aristocrat Drive(Collector Road), and a 20-foot landscape buffer along Prevail Avenue(Collector Road) in compliance with UDC 11-3B-7. Staff is recommending these improvements be included with Phase one(1)of the development. While the applicant is not creating a formal subdivision at this time, staff believes installing all landscape buffers fronting Meridian Road,E. Lake Hazel Road, Prevail Avenue, and Aristocrat Drive will be important for compliance with the Comprehensive Plan. Policy 3.07.01 C requires appropriate landscaping,buffers, and noise mitigation with new developments along transportation corridors. The landscape buffers will be installed with the inclusion of the 10-foot multi-use pathways along the arterial and collector streets. ii. Parking lot landscaping FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 15- Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses Where commercial abuts residential,the applicant will be required to comply with UDC 11-3B-9.Additionally,the comprehensive plan speaks to plazas and open space providing integration in mixed-use areas. The use of plazas and common open space will be evaluated with the development agreement modification for phase two (2). iv. Tree preservation Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. v. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along S. Meridian Road or E. Lake Hazel Road. vi. Pathway landscaping Pathway landscaping is required to comply with UDC 11-3B-12. A minimum of 5 feet of landscaping shall be provided on both sides of the proposed pathways as shown in Section V. These requirements will be analyzed with the Certificate of Zoning Compliance. 4. Parking (UDC 11-3Q: i. Residential parking analysis Future residential will be developed in phase two (2)will be required to comply with the residential parking standards listed in UDC Table 11-3C-6. ii. Nonresidential parking analysis Non-residential parking will be evaluated with the submittal of the certificate of zoning compliance. The parking shall comply with UDC 11-3C-6. iii. Bicycle parking analysis One bicycle parking space shall be provided for every 25 proposed vehicle parking spaces. This will be evaluated with the submittal of certificate of zoning compliance and design review. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 16- 5. Building Elevations (Comp Plan,Architectural Standards Manual): The applicant did not provide any building elevations.However,the building elevations shall comply with the Architectural Standards Manual,UDC, and Comprehensive Plan. This will be evaluated with the submittal of a certificate of zoning compliance and design review applications. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11- 3A-7. 7. Parkways (Comp Plan, UDC 11-3A-17): 8-foot parkways will be an important element to transition between the office/employment and future MHDR development. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B of the comprehensive plan emphasizes reducing access points to arterial streets by promoting cross-access agreements, access management, and the use of frontage and backage roads to improve connectivity between local and collector streets. Similarly, UDC 11-3A-3 calls for consolidating or limiting access points on collectors and arterial streets to ensure safer entry for motorists. UDC 11-3H-4 further restricts new access to State Highway 69 when usage intensity increases,limiting access points to section line roads and half-mile intervals. The applicant has provided a backage road in the form of a commercial collector(Prevail Avenue)running parallel to State Highway 69(Meridian Road)and connecting to E. Lake Hazel at the quarter-mile section.Additionally,the applicant is extending the commercial collector(E.Aristocrat Drive) along the southern portion of the site to provide mid-mile access off State Highway 69. These access points are supported by staff as they are reflected on the Master Street Map. Additionally,the applicant has proposed two restricted access points between E. Aristocrat Drive(half-mile access)and E. Lake Hazel Road(section line road) along State Highway 69, which does not align with UDC 11-3H-4. Staff is not supportive of these access points as Meridian Road is a mobility corridor and limiting access is essential to continue the flow of traffic. Staff has provided an image(See below) of the intersection at Eagle Road and Fairview Avenue to show an example of what the intersection of State Highway 69 and Lake Hazel Road may look like in the future. This intersection is an example of why staff and the UDC limit access points because it can create congestion, affect the flow of traffic, and create conflict points. Staff is not supportive of the proposed accesses to Meridian Road,except at the%mile consistent with UDC 11-311-4. However, ITD has approved three(3)access points to Meridian Road. These access points include Aristocrat Drive at the '/2 mile mark(Full signalized access), Spire Street at the '/4 mile mark(Right In/Right Out), and a private drive aisle at the 1/8t'mile mark(Right In/Right Out). With the support from the Idaho Transportation Department(ITD),the City Council may grant a waiver for these additional access points on State Highway 69. Additionally,the applicant has been coordinating with ITD on a STARs agreement to address transportation improvements along SH-69 and accesses along its frontage. Staff FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 17- is supportive of this approach and is recommending the applicant enter into a STARS agreement with ITD prior to commencing with development of phase 2. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024,both the 1/4 Mile Collector(Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved,and constructed. The applicant is seeking City Council waiver for the additional access point to E. Lake Hazel Road. Staff does not support the RIRO access to Lake Hazel in accord with UDC 11-3A-3. In addition to the standards listed above,UDC 11-3H-3D discusses noise abatement along State Highway 69. While the applicant has not provided details on the southern portion of the site abutting State Highway 69, if any residential or other sensitive uses abuts the highway noise abatement will be require in compliance with UDC 11-3H-3D. The Rawson Canal intersects the northeast portion of the site which will make access to triangular piece fronting on E. Lake Hazel Road difficult.With the development agreement modification,the applicant shall provide details as to how access to this portion of the site will be achieved. 2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, as-3A-8, I1-3A-8): Comprehensive Plan policy 3.07.02A mandates the creation of pedestrian circulation plans to guarantee safety and convenient access within large commercial and mixed-use developments,while policy 4.04.01A emphasizes that new developments and subdivisions must connect to the pathway system. Together,these policies ensure that all new projects prioritize safe pedestrian access and integrate seamlessly with existing pathways. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8. Pedestrian connectivity is crucial in mixed-use developments to encourage walkability. The absence of such connectivity in this proposal would force residents to walk along busy arterial roads to reach services and public spaces or depend on vehicles to access them Further UDC 11-313-9 requires pedestrian connections between residential and commercial areas. The applicant is proposing a 10-foot detached multi-use pathway along S.Meridian Road, E Lake Hazel Road, E. Aristocrat Drive, and Prevail Avenue. Additionally, 5 feet concrete sidewalks are proposed along Spire Street and private drive aisles in the northwest corner. Staff recommends adding 5 feet sidewalks along the portion of the site between the proposed medical offices and future MHDR residential. This will allow the applicant to meet the comp plan goals listed above. 3. Subdivision Regulations (UDC 11-6): Subdivision regulations will be evaluated with phase two of the development where a development agreement modification will be required.At the time of the development agreement modification,the applicant shall provide details on the residential portions of the development. Staff will analyze this for compliance with UDC 11-6. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 18- F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Rawson Canal intersects the Northeast portion of the site. The applicant is proposing to leave the Rawson Canal open which will provide limited access to the triangular piece fronting E. Lake Hazel Road. Comprehensive Plan policy 4.05.01D requires improving and protecting creeks and other natural waterways throughout commercial, industrial, and residential areas. 2. Pressurized Irrigation(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. 3. 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. Drainage swales shall not be located in the street landscape buffers along S. Meridian Road and E. Lake Hazel Road. 4. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian 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,the property owner(s)at the time of annexation ordinance adoption,and the developer. A final plat or certificate of zoning compliance shall not be submitted until the DA and 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 IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 19- 1. Future development of this site shall be generally consistent with the concept plan included in Section VIII and the provisions contained herein. a. Residential uses shall comprise of 10% -30% of the original 71.7 acres development area in the MU-R designation, with gross densities ranging from 6 to 40 units/acre (of the residential area). b. Non-retail commercial uses shall comprise a minimum of 20% of the proposed C- G zoning to include the likes of employment, office, clean industry, or entertainment uses. c. Retail commercial uses shall comprise a maximum of 50% of the proposed C-G zoning unless the applicant meets the bonus requirements in the comprehensive plan. —2:1 Bonus for land designated as a public use such as library or school. —2:1 Bonus for active and shared open space or passive recreation areas, such as a park, tot-lot, or play-field. This excludes the amenities required with residential development. —6:1 Bonus for plazas that are integrated into a retail project. Such plazas shall provide a focal point, seating areas, and some weather protection. d. New buildings on pad sites adjacent to single-family neighborhoods shall be limited to no more than a 1-story disparity in building height. e. Transitions between different residential product types and dissimilar land uses shall include the use of alleys, roadways with landscaped parkways, or highly connected open spaces. f. For mixed-use developments, a minimum of 40% of the buildable frontage must be occupied by building facades or public space. The applicant shall either move the proposed anchor tenant building along Meridian Road frontage or provide a minimum of 40%building frontage with phase two. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. h. Phase 1 Requirements: - Construct the entirety of Aristocrat Drive and Prevail Avenue prior to the first Certificate of Occupancy. instail!andseape buffers along S. Mer-idian Read,E. Lake Haze!RE)ad,Ar-isfOefat - Install landscape buffers as shown in exhibit F. - Phase 1 will be limited to 3 building permits and shall include a property boundary adjustment to reconfigure the properties. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -20- - Access to S.Meridian Road and E. Lake Hazel shall be prohibited except at Aristocrat Drive and Prevail Avenue unless allowed by ITD,ACHD, and approved City Council. The City Council approved the waiver for the additional access points. i. Prior to commencement of Phase 2 the applicant shall submit a development agreement modification and amend the concept plan with the following: uses,inelude the following elemeffts with phase 2: Plazas between eenuner-cial and r-esidewial inelude a main feeal point, aetive and shared open space within and 8 foot parkways with o st eet par-k;.,g and bulb outs. - Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use desijanation and neighboring uses, a mix of three (3) different uses, and 8-foot parkways, and traffic calming such as on-street parking and bulb- outs. - Include the out parcel in the overall concept plan to ensure functional integration with the surrounding property. Development of the R-15 portion of the development shall not be allowed until the property has been subdivided. - In developments where multiple commercial and/or office buildings are proposed, the buildings shall be arranged to create some form of common, usable area, such as a plaza or green space. - The applicant shall subdivide the MHDR or R-15 portion of the site prior to development of this area. - The applicant shall provide the city with the executed STARS agreement with ITD. - Include the out parcel in the new concept plan. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -21 - B. Meridian Public Works wastewater Dlstance to Sewer Sewer main is partly been consmcted,however looping is re.r.l.i - 1 Servires through Developmentseitherth rough the North orth,Fa{t Sewer Shed Estimated Project See appllcation Sewer ERU's + YVRkF Declining aalance Project Corrsistent Ytss Witt)WW master Plan/Facility Plan Impactsfcanoerns + See Public Works Slte S Wic Conditions water • Distance to Water Water rnaln has partly been constructed.however looping is requlred Services through developments ei the r th rough the North or the East. % PrassureZwe Estimated Project see applitadinn Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Imp # ftignrrt Please see Condltlons NON-FLAT CONDITIONS PUBLIC WOW DEPARTMENT Site Specific Conditions of Approval I- Project will require lapping of the Water Main-'This ran either come from the CasL*r a second connection to We Plawl Rd north of the road, 2- 12"main should run parallel to S Meridian Rd through the development to meet to and through requiremews-The City will seek oppor urdiies to provide stubs ar at least eawments is Meridian Road to allow properties west of Meridian Rd to develop. 3- 12"main also requirk%d along thr 112 mile marker fume Meridian Rd 1p the Ent. 4. Ptoyidc to-and-through Water and Scwcr mains to the south and East when micvaril. 5. Enginccr to verify ifthcw is a well onsiw. If well is located on the site it must be abandoned per regulator, rcgttinrnents and proof ofabandonmeni must be provided to the City- Utilities will need to bu provided for review- 6- If a Wel I is located on rktc side it m usr be abatdoned per reguladory requirements mkd pfOaf of *kndonmum mu.5t be providL�d to the City. 7, Ensure no sewer wTviecs pass through infi1"lion trenches, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -22- 8_ Provide 29 Easements for mains,hydrwit latcrals and water services. Easements should extend up to the end of inaiathydrantlwaier racier and l0'beyond it. 5_ No permanent structures{trees,bushes,buildings,carports,trash receptacle walls, rencem, infiltration trenches,list poles, etc.)to be built within the utility easement. Gen"I Conditions of Approval I_ Applicam shall coordinate water and s,wer main size and routing with the Public WorN s Department- 2- Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and Wnicr m9ins to and thMugh this development_ Apphrsm may be eligible fur a reimbursement agm mcni For infmstructurc cnhancement per MCC 8-6-5. 3, The applicant shall providc casement(s)for all public watcrlsmer trains outside ofpublic right of way(include all water seM*es and hydrants)_ Sawervwater easement varies depending on sewer depth.Sewer 0-20 ft deep require a 30 ft easement.20-25 ft a 40 ft easement.and 25-30::u 45 easement. Ensure no permanent structures(trees.bushes.buildings,carports,trash receptacle wrillS,fEnCeS,infiltration LTennc�-$,light pnliS,ele.)are built within the utility L!IWMenl. Submit an executed cascmt:nt(on the farm availablc from Public:Wu&),a legal description prcparcd by an Idaho Licensed Professional Laud Surveyor,which must include the area ofthe casement (marked EXHIBIT A)and an 8liT'x l I"map with bearings and distances(marked EXHIBIT B) for review. Bath exhibits must be sealed,siglied and dated by a Professional land Survcvi r.VQ NOT RECORD- 4- The City of Meridit5n inquires that pressurized irriputirm systems be supplied by a ye round source of watt:r{UDC 1 1-3B-6),The applicani should be tuluiTcd to use any existing surtUc or well water for the primary source. IFa surface or well source is not available_a single-]Taint connection to the culinary water system shall be required_Ifa single-point Connection Is tnilized. dic developer will be responsible for duo payment ofasmsmenls for taro common areas prior tp prior to reftivirt��IeVdOPrnent PI an apPrmVal. 5. Any structures that are allowed to remain shall bC subjccl to evaluation and possible jrusignmcni Of street addressing w be in cornpliamcc With MCC, 6_ Al irrigation diubes_tarots,laterals,or drains,exclusive of natwTal waterways,intersecting, crossing or laying adjacent and contiguous to rho area being subdiwided shall be addressed per UDC 11-3A-5_ in performing such work,the applicant shall comply with Idaho Code 42-1207 dad arty Otherappliable luau nr raguNs on. 7, Any wells that wi I l not continue to bC mcd w trsi be properly abandoacd according 10 Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources_ The Developer's Engineer slial l provide a statement addressing whether there are any existing wells in the develapmenL and if so_brow they will€ominue to be used,or provide record of their db91d(1nment_ 8_ Any eaciStin,4 septic sywrms within this project shall be rani)-LW from service lxK City Ordina= Section 9-lit and 4 4$, Contact Central IRi50CL HC4101 for abandonment proccdures and inspections(208)375-5211. 9_ Al improvements relatod to public life,safety and health shall be oDmpleted prior to occopacy of the strumures. 10_ AppliCb L shall be rmquired to pdy Public W rks 4dvdopmm plats rrviuw,and construcli rut inspcctian fees,as determined during 1he Platt review pmccs&prior in the issuance of plan approval letter, 11_ It shall be the responsibility ofthe applicant to ensure that all development features caMtiply with the Americans wi(h Disabilities Act and true Fair Housing Act. 12_ Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Enf&ws_ 13. Dc icloper shall coordinate mailbox locations with the Meridian Past Office. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -23- 14_ Compwtion tesi results shall be submitted to[he Meridian Building Department for all building pads receiving engineered bwkfill_where footing wou]d si[a[ap Ell ma[orial_ I S_ The design engineer shal l he required ur certify that the street cenuKl ine elevations arc xat n minimum of 3-port above the highest csiablishcd peak groundwater cicvation. This is to cnKurc that the bottom elevation of the crawl spaces of hones is at least 1-foot above_ 1 b_ The Lipp]icants design engineer shall be responsible fer inspection of al l irrigation and/or drainage fa,ciliiy within this project dial do not Fall under the jurisdiction ofan irrigation district or AC'IID_ ' ,,&Sign en�InUM Nhall Ilr{}yidc cubiliicatiam that the f4ciliLics havr yeL-n inlit.lIcd in accordance with the approved design plans.This omifitation will be mquired before a ccrtiGerite of occupancy is issued for any structures within the pmjcct, 17_ At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Pleridian AutoCAD standards. These record drawings must be received mad approve[ prior to the issuance of a certification ofoccupancy for any structures within the project. I8_ A street lint plan will need t8 be included in the civil tpnstruction plans.Street light pig rcquircments arc listed in section 6-5 of the Improvement Standards for SiTcci Lighting.A copy of the stmndar4s cart b;found at htto,/1www.mcridianwily,2W vblir�wj rks.asRx'?id=z%. 19_ 'l'he City of Meridian requires that the owner post to the City a performance surety in the amount of 125%ofthe total construc[i0n cos[for all incomplete sewer,wa[er and reuse inftasiructLife prior to final plat signature_This surety will be verified by a line item tus[estimaie provided by the owner to the City_The surety can be pasted in the form of an irrevoeahle letter(if CrvdiL,rash deposit or bond. Applie;mt must file an application for surly.which can be found on th¢ Community Development Deparmeni wcbsite, please contact Land Dcvclopmcm Scn-iCC for more inkrmadon at 987-2211. 20_ The Ci[y of Meridian rewires ilia[[he owner post to[he City a warrawy surely in the wnounl of 2VIn of the total rnnsin c[ion cc51.t far all completed sewer,a-Ater And reuse infrusumoture rat duration]of twp ycars_This sureiy wiII he venfied by a line item Cost estimate provided by Lk owner to the City.The aunty can lac powd in the form of an irwyocabic idler of credit,cash deposit or bond.Apoicant must file mi application for Surety,whicb can be found on the Community Developuietat Depentueut websitc. Please contact Land Development Sevice for mare information at 987-221 1. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -24- C. West Ada School District(WASD) or Other District/School Exhibit A West Ada Schaal District STUDENT GENERATION RATES West Ada School District{WASD}uses a Student Generation Bate(SCR)m determine what impact future developmentwiII have on enrollments.The appl"ntdid not provide the number M either single family and/or multi family units proposed as part of their application. Therefore,staff had to calculate a rough estimate of student generation rates based on the applicant's concept plan,The calculations for these estimates are as follows; 1) 8-15 portion (Townhomes{Single Family},58.52 acres X 15 units an acre=878 single family units and 2)C•G Portion (Multi-Family), 11-4 acres H 15 units an aere=171 units-In total,there could be approx1mately 458 school-aged children.The proposed project Is within the followlrrg school boundaries,currently,and approval of the project may affect enrollments at these schools; Sehool Boundary Areas 23-ZW Enrullmeut Architedural Prwarn Capacity Capac" Mary McPherson Elementary 484 675 550 Victory Middle 1056 1000 Mountain View High 2537 217S SGR Total Units Towl Towl Development Area Zone anvil Multi w4le leultl Studlebetl Archlte&wal "ram Family Wmlkr Family Family 9tud�nks Capacity Capdtw Mary McPherson 0-49 0-16 878 171 458 675 550 Elementary Schaal "This Informatlon Is intended as a reference,rather than a derisive tool- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -25- D. Ada County Highway District(ACHD) NW IS P-wrlrrg.N_.�_ft %1 Cdd,Yo4r=EWrft ]im Hmnmr%Lammwrerw A ACfM Wrt Gpk�.Uo=rw '0S#&MW-J P-r—WM1r'�.p��+rrra-Irr Date: OMotler'29,2024 Tay Amairmia Mct4=,via email Staff Contact:KaraLeigh Troyer,Planner Project Descrlptlon apex Zen Ith TF,pCreneration: Tfip genefatiQn wil I 13e cL-termi ne;l ba5ea on the iraf r impact stLady. DevelopmentProposed NBAZI i x com-ants, 'rho tab In ab"Ikt the owsti g ca++dltiom of thew rround Ing roedwayswitf*ut time proposes dmIoprment as this apWioai ion is forannexatm�n and rwaon,a or+y.With a Mute orvwWprrwnt spp`cssion,this#wrnenary W II be updated to rof ct th*developnvr,t ar,d its impact conr*cting you to more Ada C riq High"rfdwVT.37H A&an%5[ra -[sWn GKV10-H37k-PFF SOB M749M.F),345rWW•WMr/yrWr M FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -26- E. Idaho Transportation Department(ITD) 54�yp Your Safety * Your Mobility IDAHO TRANSPORTATION OFPARTIIENT It P-n-SM 90" s ease,ID 917a7-2o29 Your Economic Opportunity �tas���a-a�aa • I�a.rdaho.�o, December 9,2024 Nick Napoli Rlanwr 33 E Broadway Ave,Suite 1112 Meridian,Idaho E3642 VIA EMAIL Re: Apex Zenith-ITD Updated CBmrAents Dear Nick. The Idaho Transportation Department(ITD)is in the process of completing our review of the Apex Zenith Traffic Impact Study.Although we are still in the review process rrD Can provide additions I coMments regarding t his developme ni: The applicant has three deeded actesses along the property frontage on SH-69- ITD will approve the following approaches and access types: 1- Aristocrat Drive-Fully signalized access 2- Spire St-Right-infRight-out 3- R ivate Drive Aisle-Right-in{Right-out ITD will continue Coordinating with the applicant,City of Meridian,and ACHD throughout theTIS review process.If you have any questions you may contact me at Kerndra.tondereitd.idlaho.govor 249-334-S377- Sincerely, / Kendra Can-der D3 Development Services Coordinatur V. Ida ho Transportatic n D eparcmen t FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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; The City Council finds the applicant's proposal to annex and rezone a total of 149.41 acres of land with the C-G and R-15 zoning is consistent with the Mixed Use Regional and Medium to High Density Residential FLUM designation for this property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -27- 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-G and R-15 and conceptual development plan generally complies with the purpose statement of the C-G and R-15 districts in that it will encourage commercial and residential uses that will integrate and interact with one another to provide an area where residents can live, work, and play. While deferring many of the necessary details for a mixed-use development is not the preferred route from the city, staff has provided a path forward for our Planning and Zoning Commission and City Council to decide whether deferring these details is appropriate. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 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 The City Council finds City services are available to be provided for this development but acknowledges West Ada School District is at or over capacity for many of the schools in the area. No residential is proposed with Phase one of the development so the impact on schools will not be seen until phase two is developed. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation is in the best interest of the city. v1. ACTION A. Staff: Staff recommends approval of the proposed annexation and rezone with the requirement of a Development Agreement. B. Commission: The Meridian Planning &Zoning Commission heard these items on December 191h, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation, Rezone and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Jon Wardle b. In opposition: None c. Commenting None d. Written testimony: Amanda McNutt e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimony a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. The Commission recommended the following changes to two DA Provisions: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -28- - H.2: "Install landscape buffers as shown in the exhibit F." - I.1: "Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use designation and neighboring uses, a mix of three (3) different uses, and 8- foot parkways with on-street parking and traffic calming such as bulb-outs." 5. Outstanding issue(s) for City Council: a. Consider the Commissions changes to staff s DA provisions. C. City Council: The Meridian City Council heard these items on January 14 ,2025. At the public hearing,the Council moved to approve the subject Annexation,Rezone, and Development Agreement Modification requests. 1. Summary of the City Council public hearing a. In favor: Jon Wardle b. In opposition: None C. Commenting d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Julie Edwards: Concerns with site design, a mix of stoplights and roundabouts on Lake Hazel Road, and the idea of right-in-only_ s. 3. Key issue(s)of discussion by City Council: a. Traffic along SH-69 and E. Lake Hazel Road, lack of comprehensive details within the development plan,the timing of the development and when to expect future applications. and access points to the site. ^ 4. City Council change(s)to Commission recommendation: a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -29- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Vll. Legend Project Location ;:.Area of Impact ®Analysis _ _ y---- fog 11! ■ Z' H FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -30- 2. Zoning Map L Legend1, ® Project Location R-4 - R-2 TN R Area of Impact L Analysis O — - R-$ R. C-C R-15 RR C C _ i R-a RUT R-8 E-=�2 A R-4 RR Ck�1� 3. Future Land Use Legend - ® I Project LocaFlon �ql� e Area of Impact OAnalysis -- ensity r .... Residential MU-RG h Med-High — MU C ._. .----.. Density Residential Medium Density Residential I Low Density Residential FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -31 - 4. Planned Development Map aix Legend r ® Project Location 1 r'� 1 fr Area of Impact , T==' City Limits Planned Parcels Imp Oi � I Analysis I , ' ! I I ' 1 J. I 1 I I I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -32- B. Subject Site Photos AM ------------ -XX FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -33- C. Service Accessibility Report Overall Score: 18 �7th Percentile Description F [■ Location In City Limits GREEN Extension Sewer Trunkshed mains 500-2,000 ft.from parcel YELLOW Floodplain Either not within the 100 yr floodplain Dr > 2 acres GREEN Emergency Services Fire Response time a 5 min. GREEN Emergency Services Police Meets response time goals some of the time YELLOW Pathways Within 1/4 mile of future pathways YELLOW Transit Not within 1/4 of current Or fLrture transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLOW plan) > existing (# of lanes) & road IS in 5 yr work plar School Walking Proximity Not within 1 mile walking RED School arivability Not within 2 miles driving Of existing Or future school RED Either a Regional Park within 1 mile OR a Community R ParkWalkahility Park within 112 mile OR a Neighhorhood Park within GREEN 114 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -34- D. Concept Plan (date: 10/8/2024) Y. ��EL RD LALK, MEDICAL I OFFIC C-S zoning REGIONAL 100.000S.' COMMERCIAL NJLR C-0 zonills COMBINED BUILDING MEDIUM-HIGH 0 ARS F. LU A;446,000 S_ DENSITY cc Q: Depicted internal RESIDENTIAL z streets—Spire, Prevail & 4 SRHE ST Aristocrat—are public, subject to ACHE design BREAK standards and approval M Big Box fVvirrehouse- R-IS Zoning 346,000 SS. Lo BREAKDOWN J. Gen ROAR-100r'300 S.F. Density: 815 q.q../ac. Multi-family Units TBD in Future TED Applications ARLS31ACAU DI1 APEX ZENITH LAND USE CONCEPT OC70SER 2024-SUBJECT TO CHANCE FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -35- E. Phase 1 Plan(date: 4/4/2024) LAKE HAZEL RD,—.= [B'Bdg- Parcel W 0 DRIVE AISLE 4 P rce o - T . APEX ZENITH W Bldg. A "First Step" Phasing Site Plan SPIRE DRParcel I - Big Box - - October 2024-Cnnceptuat,SubjecttoChangc Parcel L Medical 11[]0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -36- LAKE HAZEL Ra i .- Ito - ,.... - ----'- ACCESS ACCESS CC SS VIfA1VER O }wo OW M M F.- CONSTRUCTION q + PHASE W - W • public street o r # private drive aisle SPIRE ST.— SPIRE ST -- --- = CONSTRUCTION En .' PRASE "B" a J • public street U a PROPOSED SIGNAL* J (Intersections &signals depicted t as proposed in the TJS scope IL ARISTOCRAT DR ARISTOCRAT OR accepted by ITD and ACHD) �F RCCE9S APE ZENITH FIRST STEP" STREETS & DRIVE AISLES FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -37- F. Landscape Buffer Exhibit 1 � III 9 I I I -_ i -- -- —+ I �•� �- II II I QD I II II •� � � � I -.J II° i i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -38- G. Eagle and Fairview Exhibit FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -39- rl -- -__ H. Annexation Legal Description& Exhibit Map for C-G Portion �um rNdIN'.ELhN9 SepetrnG t A,2M Fxnjrn[W.!22-075 rerwh5,rbO Wnn EAh hk A Legbil6bst:9ptlenibrAnr4Y,at4m Wilk"Zom 6 parcel of land Wing a ponlon of tha East 112 of c-,r Plni I li"sl 114 of Section 6,Tc w hid 2 NoHh, Ftpnga 7 tailr&M.,Ciby of lMrWwr Ada County.Iddl-u oelriS more pardeLO&fr'described as hAms; Commeneir4catanallrnirum cap rr.arklrc pre Nortl»westcornefpF3aldScctian Lwhich hears OUWW of:;,4W.53 FahaK from a 5(&Inch hehar marlriRg the North i f4 cbvner ofvdd $9ak;v Y,Vwnca folkftHng the nr3rth 9r ly line nF Si Id NORhxrt dt 114,SW-rQ'12"E a dlmace of 1,1138,9R feet tp tile P AITOFBEGINN110. T�W"r1€e follpwing raid rhorrhprly inn,9$9'd2'12'E a clk1zn a of],7341J fret; henrp aomirq said nordh ly4Ino.5W12'2A"W a,dlttiltee of 571.21 feep 13sene iNE9'42'1.2'W a diblanlot rrf 2.389AS feet; Therrte 50573'14"E a dhtarKe of it711a3 feet, Mence 51135 fW ido%the ir[of a crew to the r4".said carve having a eadlus of SM.00 Feet,3 deln 911k Yt)5'4$'Qj ,a dwrd txarbM of SO$'O24YE aad a thdrtl 45[aNe#5819 Wt, Thetroe S00'1TdVW a dHfdlhce of 53b.61 keC Tf*om 57.35fret ab%1he arizof a€ucw tv I'm rt M said€rrniwha%nng a radlusoF SCO.00ke ,a delhh uNle of W'3-r 16",A dwrd 4var1ng pf 303'3 A'4WW,arrd a chord dlsumce of 57 02 ree[; Thgsrca•SQ6'S5'IMa d'ntance of UL.33 feet Thetioe57.B5 Peet alwhgtheaftofa curve tol eIeN,said airvehworiaaradtu. pf5p4.Qgketadklto ar1pfe of 06'37'416',a cmrd pr*arirtg of$p9 M'4b'W,and a chard dlslarhoe of 57.92(EeU TYher,pp 5W Y'4 "W a dutance of 9915M fast to the sduilhlrfy toe 41!Wd Nor Mwesl 1f4- Thenrx!Follow g said soulherlyhMr N83'Z.2'S4'W a AkltemsE ot5&03 teet to a brass€ap marhlrg thg ioolhKest cb-, r of the 50tflhe"1/4 of the Northwest V4 of saw Sertlgrr G; Thence:Ea,ihng said satflhed�I4Fhp and fglowiggtFw, Alnrhyfineof said fast V2of[heNarsln A119 CIO 54{t14n 6,POV26'A9`k a disnnw 4F 2,64"$fR4t ip tha POW OF BE61NNNG- &addparedeore ihtsel[d[eIof19.14avrs,mdtrbrI 2nd�sstihhieclsoapltbllrgeaaehn+M;ahldlgr hAgilsofy,'at'df remrd ar implied. ,Wtaal dI wv*hc;Kln hit fs Irsd hYthrli mlimmnoe is made a part hereof. S! 1 459,, p t. IMF Nwro Vilpw v W"-$4144r NO"*3ri3•lm.fi39."39•ernanxiip'4om FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -41 - 9.LAW H Frei Rd. K rf 4 eCRrQa 9kg:5 11F RE:ANG aoc a <W42'12'W 24oa.al' �3A9'i2'12"E itA9a.' rf564F��'1 1j]4.21'u P QINE ix p.� l+PN:A Partit,M 5S4M2t2d01, pp'] ' w SEE Ee: II .� f r 514NZ12ER1$Si+v0i62G[ 40 �y CI�J SMIM 5 t E{611NG Fw Fn-:i YrkY 28ne:RUT L lOT•' v-%Rl'-s] P oppcod:CIG R I�WT wMso-�rrthro-4„G AREA,19,19 tAF NW42'12'R 11@9.46' clmrH9wrC I &4emmert Lo;a 9Gs S1i�E I COT7 F,,P. 72.03'scsm: etles LLC IHV"lm&riu LLC I* I VC2 -06C1 4 AIfl 4i—R CL SE CCRHER GUO-t LW/ AUWE SELMON ME 3lh laar pk�cCi Sf114NWVA I � � I LINC I Unplal,10 I I N � $rr$HhEppyrtgsli[ W 11/4 CORNEA ,r+ CEhrER OF $FC1rON O GS' SECTiCIN 4 — - SET22'7D'' 167Q.P3' •• +• SE 1% ryY1 1/i UnPiFttYd Urplaltod 3 � W.Aristocrat 6r, Ei'aremrnen#Lai 6 Soo IDW ism 6 WRA TABLE tLded LdN]TH drLTA CHaW M CHWD QE 4'41%T P3YEQ'43'E M.24' C2 F37'1,b' *�0�3G'WW 5732' C3 rJT4r :03`a6'4TW 57,W r m-u wL lIFMr6 i71G N.'f tr/1111�0' 1L0�ai �aweo-n E3duhdL B F '"*per' Annexadon WICK C-G Zom rro-m. zaaao- SAET: Apex Zertlth Spgdrvision L OF 1 AFor0cmoff the CincrF the NW114aiSer-CT2N.RiE.W.CilyofWerdlIA.Ads COD*-LEoha FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -42- I. Annexation Legal Description& Exhibit Map for R-15 Portion 6" E N 6 1 N E E!I N O Sgstenrher24'2 2A fko*1 rY*-'22-M Am Zv*m SubdPA*n &1h1WIA Legal daxrlptlort FcwAmmortion with 11-16 Lora A paKel of 44bd b-rg a Pork Iorr Df#hip tog 112 Pf Chi`Northwest Lf4 of Sertkan 6,Township 2 Nosh, Motu 1 East,B m..CItvGN Mcrhylan,Ada county.Nano 4elllg mare particLufly des 0edas Ierpws- 9£GINN NG at a 512-iarh rebar marklog the Southeast aornerof said Southeast 114orthe Ncrthvras't L/4�Cewter 114 mrrwo,Which trtars 5Uo W25"W a dlsrance-of 1,324.42foo hvma 518-inch reWr narking the Northeast cotmxw 0 sald Southeast 114 of the Northwest IA�Smrtheast rAmeraf Governmerll Lo]3).thence Fo owing the southerly Ilne or!ism Sout"st V4 ad the Uorthwem I/d, N99'22'50'4V a distance or ,2-6A.48 feet; Thence Iem -4 sold southe rlyf Wrm,No0'17'48"f a distance of 990.08 feeq Tkmce 57.35 feat alome OW im of a turv@ W Ina rot,sa Id curve having a radius of 5015-00 feet.a delta angle of 06'374b',a chard bearlltg of N 93'36'A4'rt and a chord distance of 57.32 fit, licence W]6^55'33'E a dlstame of 115-3I feet Thence 57.95 feet along the ore of o curve la the lefts card curve hw tg a radius of 9W.04 feet,a delta anph►of 06'JrW,a Chord bear■Tv44f Na93'db'4o'E,jknd a chard dlstanceof 57.82 feet; Thence N00`17'd8'E a dI#tartce Of g35,ft1 Ifa!f; Theme 5S_33 feet along the arc or a curve Id the kit,sold curve hewing a rddkri df 5M.99 t.a Wta angle of r16'43'IB2"r s dm rd hear'rg of NOH'OT43"W and a d1 Drd distanre of 59,29 feet, Tbgr"NOE-23'14"W a dlskA&H a of I n.03 Feel; Therms SH'42'12"E a(1lslanoe 001.189.45 foci; Thence 9DN1'12'25"W a distant!of 756.18 ket ti)a 5J&Incn mbar ort the spulherlp fine of GaveFnment Lot 9; Thence fallowwg sold saulh tIV ine,S N'21'.Irf a distance of 712.9E feet to a 5}$-inch Febar marking tha sduFhsa#moor of said Goyorewem"t col 3; Thence leaving Bald soulherly line and fo Woveltg Me laittriy ilne of Iht SoUtnea A 114 of the Northwest 1/4.50 '8b'2$" V a dlsranre of 1,124A2 feet to the MNT OF BMPONING. Saud parcel conrairm.a total Df 58.52 acrer,mare ar Igs�.and is wbiwa to ai ewallrlg easements and/or cots-o-waV of record aF imphed. Attwhedrlrtrt'to is Exhibit ammo by thisiefeeerlCe Is m clea pan hereof. 4 1 469 er E5 Of # 5125 rowth dkrtorenr W&y•Eelse,kUKa 55715•206,6","55.Yrmoi fllp earn FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -43- NE CORNER G4V`F LW 3 L L■ke tiJf1C1 Rd, F��F�_pr'lt —Rfh i rn 91�� NW CCG r*E t PARCEL s-Ecr aw r UNE CWT Jnvaslrnems LLC j G y r11mMC Lit 3 j SOV42421 1169AW I Government fiavwrrm- t Lot 4 I Lot 2 I C3 sc5H firigh:an pr4p;r¢t�LGC Investments LLC J PARCEL } LINE a Sf RW LOT E1 ti I RF C2 REZONE SW27'39"E Gr'T LOT"f wm-35.33-t BOUNWY 7P-99 SEc{IOt4 UWE 113.33' j 5t5M F'ropertks LLC Ccmmmem Lpt S *❑ I SE>tf<Nw iI� PAMEL NE APN:A Portlon of 51400 i2401. � I. Unpli[ted 51406212601&51A0�67 QUO rs0 I Zone.RUT `w j Proposed:R-15 Aria:5&52IAC iDINT 11 1/4 CX7NtIfR CENTER 1J-+ R^" y 12J54.90' � SECT14N 3 Y89r2xSa'4r �s2n,�3' SF CORrUIR Unpratt*d Unplatted Cpefi LOT S W.Ariftmor Dr, GGW4rnn'W t LW.G f 0 5D) 1000 ISM E � PFao Srale-1" 5E1f1' CURVE TABLE tJNf 1ARE €LJR4E WA LS Uh6lH DELTA CHp OR* CHWG UNE KMI14G BISTANCE C1 540.40' 57.E3' 1rP 46' hPffj-M'40'1 57-92' 0-1 NG6'2a"KV 172,03- km C2 340,00' 57.W 637'4a' MM'S9'4D"E 57-B2' S C3 5d0,00 56,33 'Er4i'42' M03'02'43'W $0.20' EMC-PINE19IN0 }7:iYLYII QLLO Mmay,. a l�6C M14�AlY �to,�IrM c�w� Exhibit 6 Annexation with fk-15 ZonE .wggp a,an SHEET- Apex Zenith SubdMsiort 1 OF t ALPortionufthcE 1(2 at She r;W lf4 0150C9on 6,T2N,RSE_SM.CJ<r of MerldlaM Ada Countyr Idaho FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -44- J. Rezone Legal Description&Exhibit Map km SepMmb6F 24,2024 Prolett rk.-.22-075 Aped zenllh suhdkrlann fed IM A Lqwa aoaaVkkm for Raoroe Froftt 9-4 up C-G A parcel oI land being a all of Government Lint 4 aW a pOr[ki IN 01 Governr enL Lint 5 of 5ecuon 6, Township 2 NGrth,Rwav 1 East,Q.M.,Cily-oFM;tr;tllrn,Ads County.Idaho delns more particu4rly demrlhed as fpppws' BEGINNING at an Mum lnurn cep marki rrs the NortihWese corner of smid!Section 6,wNch hen es WWdZ'U'W 4 dUlAnce of 2,491).$1 feet from a 5M-trxh rehar mmklrrg the Northeam coiner of Govemment Lot 3 of said Section 6,thence following the northerly line af Bald GDverrmen4 Lot 4, 504'42'12'E a didwwm of 1,189.90 fret to t�v no H heart obFnnF of said Go4ernrnen1 Lot 4; 7 +U0 leavingsplell ntrtherly Yne and foliowing the easterly Ilneof sa id Government Lai 4r S00'2.6'41'W a dlstanoeof 5&*Ttnthe southeast corner 01 said GDvefrwnent Lac 4IrmInihoast corner al Government Lot V; Them leaWn j said easiefty line of I;m4vr!nment Lot 4 and following the easterly Ilne OFGOVErnment Lot 5,50172VA9'44 adi=nce of 1.322.51 feet ID a brass rap marking the southeast comer of Said Gowmi-rient Lot 55; Thence ledw irq said earstefly llr*.arrd foDowing the soulherlyt llne ad said Ggwemmem Lnt 5, N8T2Z'5(rW a distance of 350A0 feet to 5/&inc4 rehar; 1111b"a kaviog sloW SbulhOrly sot,N00'37'110"E 4 cpslaace 46 23.513 feet fin the Eanterline of W. Arl9wrat Or Tlien€e fallowing said centerline the fallowing tw02)couroes: 1- N89'22'5 "4w a di%tar'ree 0f A29.48 fret; 2- 91_o1/get pbprrg the arc of a€urm to the l=fl,sa Id tuxve Having a radius of i80.o0 feet,a defts alagle Gf 29'36'24",a rha d bearing of575'4WS9'W,and a chard diit4rw�t 04 91.48 feet co the sauther.ly litre`of mid rimarrmlent lot 5; Thence leaving said renterhroe aPd Viewing said sourthi!dy liner NB9'22r&G-W a distance Df 340.691eer to#n aluminum cap markIngthe West 1J4 corner of said Section 6; Thmx*reavlrtg said sotacrlp Me and folIawlogthe weatrrly line of said Gaveerrrserrt Lot 5, iN%r51'WF a distance of 369,97 feel; Thence leewrl erg said westerly liner S99'49'S4'E a distance of 84.12 feat to a 5/8-Inch rehar wit the eaaLe,ty rggHt•of•wby of Wrldieh%S./Slbtt Highway 69; Thence Waving said awarty rlght,of-way.N89'5U'15'E a distance of 120-87 feet to a 112-Inch rebar, Therwe SrSd`SIMS"W a dlstanoe of 50-C4 feet to a 112-Inch rebar, Thence NB9'W15"f a dlstanceal 113OL40 Iret m a In-Inch feber; Thence Pil7t7'51'05'€a distance of 150,00 feet to a 0-inch#ctv, ihsnee 599'50'1$"W a dirllam*of�M.70 fart to a 519-Inch rehar on said easterly Flight-of•Way; Thence IeaWng said easlerty right-0f-way,N89-EW54-W a dl5tanceinf 05.69 Itet ro the westerly kne of said Gowemment Lac 5; Theme*frtllowlhg said vyfxicriy rime,N11W%'0fi'fe a distanmof 85a5l feet to the northwest rorner of wiCP Gpugrnment kpt 41wulhwe5t Corner cif Govemment Lot 4f; Thence"vir g said weswrty line of Gw m rei errant Lot 5 end fallowing the we7t4p0y Kne of said Vormnrr"t Let 4,NOU51'061 a dislaweof 1, 008 feet to the"HTW RMIKNNG. 5725 Nona olteowrery YWY•aolsor 6d44o W47U• •Ym■nlllp-com FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -45- E.Lake F1aFel Rd. K CORWR 9A515F EsRING iT LOT 3 NE9.42'12'W 249a,wl' PM? Or` � -'.1B9.9B'+��{r FJ47 r/" a{"—"� $632' F3EpFI1NG EX.7l vG P"T—Oir—WAY, SECTION fi {HH]"H VARIE 3 hUoo DWT Inwg$jnWFjts LLC Pmp4rt of LLC Irw"lmIrnts L4[ Gqv$mm ent i GbvernmehL Lot A I Lot 2 o P I LY y 44yy M S14MMOL4 otifern{nent Loi 3 i LD n Z";R- } Promsed'Chi I _ AREA:7l.4a±AC SE CORNER a G4'`T I oT 3 C4V'T LOT/ �EzaF aoLoAr I SECT1dN uWC Gawemment Lw 5 SE Lj+c NW f/Q I 3 z SB9'S�'15'•M' Fpf[)'S1'o6 2 St5FF 1�roperties LLC L4 , w 1/4 OD"R NOT22'SO�f CENTER W SECTION 9 4 3LCIl4rl G m r*SOAO' N&w2.2'W'W N0f3T'1{]'E ME9'22'50'' 157rcLa ' - a .140.59' 23.5V SE CGRP ER lJnplettsd UnplOted MMT = S R W AriS 000 CW- CiQv�nment UK 6 .r 0 504 1000 Mo UNE TAAL-E Plan Scale.V=500' Loye WMING WTANCf . f CURVE TABLE L1 S6 W'S4'E Ba.72' i T1EPVF FxCALS LEMTH CELfa OHC EPOP4 CHORD L2 NAGrM'7S'E 120,87' e Cl 1&0A4'L9jA1 �W.SW22- SM-W59W 91.9v 13 $=a1'04,W 3a-W L NOW50'WE ;1910.14'L5 NOO"�1'WE 4170•L6 NEW08'54VG-N' 3FiF f�PTN 449R+�•++�' ,E Exhibit B Rezone From RA to C•G mniocr: nsa s SWEEt: Apex Ze4ffi SubdivWon 1 OF I Gow-lot 4&a Portlon 00 Gov,Lot S of SKtlon 6.T2-N.Rif,2 M.M of Meridlan,Ada Cauntw.ld;Ow FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -46-