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HomeMy WebLinkAboutApex Zenith AZ RZ H-2024-0052 ADA COUNTY RECORDER Trent Tripple 2025-010344 BOISE IDAHO Pgs=72 VICTORIA BAILEY 02/19/2025 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DWT Investments LLC, Owner/Developer 3. SCS Investments LLC, Owner/Developer 4. SCSH Properties LLC, Owner/Developer 5. Brighton Investments LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 18th day of February, 2025, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY,"whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642; and DWT Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642; and SCS Investments Inc, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and SCSH Properties LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and Brighton Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642,hereinafter collectively called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11- 5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the affected Ada County Assessor parcels S 1.40622301.4 and S 1406223153 from an existing development agreement recorded in Ada County as Instrument#2016-007072, and to incorporate said Ada County Assessor parcels into this Development Agreement, which generally describes how all the DEVELOPMENT AGREEMENT—APEX ZENITH H-2024-0052 Page I of 13 Property, including Ada County Assessor parcels S 1406223014 and S 1406223153, will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 28th of January, 2025, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the affected property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Instrument#2016-007072) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 2 of 13 3.2 OWNER/DEVELOPER: means and refers to and DWT Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642; and SCS Investments Inc,whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and SCSH Properties LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and Brighton Investments LLC,whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642, the parties that own and are developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to those certain parcels of Property located in the County of Ada, City of Meridian as described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the concept plan included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. b. 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 six (6)to forty(40)units/acre (of the residential area). c. 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. d. Retail commercial uses shall comprise a maximum of 50% of the proposed C-G zoning unless the Owner/Developer meets the bonus requirements in the comprehensive plan. 1. A 2:1 bonus for land designated as a public use such as a library or school. 2. A 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. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 3 of 13 3. A 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. e. New buildings on pad sites adjacent to single-family neighborhoods shall be limited to no more than a one-story disparity in building height. f. Transitions between different residential product types and dissimilar land uses shall include the use of alleys, roadway with landscaped parkways, or highly connected open spaces. g. For mixed-use developments, a minimum of 40% of the buildable frontage must be occupied by building facades or public space. The Owner/Developer shall either move the proposed anchor tenant building along Meridian Road frontage or provide a minimum of 40%building frontage with Phase 2. h. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. i. Phase 1 Requirements: 1. Construct the entirety of Aristocrat Drive and Prevail Avenue prior to the first Certificate of Occupancy. 2. Install landscape buffers as shown in Exhibit F: Landscape Buffer Exhibit of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B." 3. Phase 1 will be limited to three (3)building permits and shall include a property boundary adjustment to reconfigure the properties. 4. Access to S. Meridian Road and E. Lake Hazel Road shall be prohibited except at Aristocrat Drive and Prevail Avenue unless allowed by Idaho Transportation Department(ITD), Ada County Highway District(ACHD), and approved by City Council. The City Council approved the waiver for the additional access points. j. Prior to commencement of Phase 2, the Owner/Developer shall submit a development agreement modification and amend the concept plan with the following: 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 eight-foot parkways, and traffic calming such as on-street parking and bulb- outs. 2. Include the outparcel in the overall concept plan to ensure functional integration with the surrounding property. Development of the R-15 portion of the developments shall not be allowed until the property has been subdivided. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 4 of 13 3. 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. 4. The Owner/Developer shall subdivide the MHDR or R-15 portion of the site prior to development of this area. 5. The Owner/Developer shall provide the City with the executed STARS agreement with ITD. 6. Include the outparcel in the new concept plan. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 5 of 13 all matters of construction, validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 6 of 13 OWNER/DEVELOPER: DWT Investments LLC SCS Investments Inc SCSH Properties LLC 2929 W. Navigator Dr Ste. 400 3240 W. Bavaria Street 3240 W. Bavaria Street Meridian, Idaho 83642, Eagle, Idaho 83616 Eagle, Idaho 83616 Brighton Investments LLC 2929 W. Navigator Dr Ste. 400 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 7 of 13 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 8 of 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Co rat' n, an Idaho corporation, Manager By: Robert L. Phillips,President STATE OF IDAHO ) :ss. County of Ada) On this 7 day of February, 2025, before me, the Notary Public in and for said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of DWT Investments LLC, an Idaho limited liability company,who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i w-- Notary Public for4dalho SHARI VAUGHAN My Commission expires — COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 9 of 13 OWNER/DEVELOPER: SCS INVESTMENTS LLC an Idaho limited liability company By: A&A A.Hall,President STATE OF IDAHO ) : ss. County of Ada) On this day of February,2025,before me a Notary Public of said State,personally appeared Michael A. Hall,known or identified to me to be the President of SCS Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company 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. _,ft, ,g& �-A& _a,- —'awAWAN�-—-'M'- DONNA WILSON .- COMMISSION#67674 NOTARY PUBLIC 4� Notar Public for Idaho STATE OF IDAHO y My Commission expires f E DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 10 of 13 OWNER/DEVELOPER: SCSH Properties LLC an Idaho limited liability company By: SCS Management LLC Its: Manager // �/1"t 1A z_/zz_ By: Michael A.Hall,President STATE OF IDAHO) :ss. County of Ada) On this S day of February, 2025, before me, the Notary Public in and for said State, personally appeared Michael A. Hall,known or identified to me to be the President of SCS Management LLC, the Manager of SCSH Properties LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that he executed the within instrument on behalf of said corporation,and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON COMMISSION#67674 NOTARY PUBLIC NotaryPublic for Idaho AHO My Commission expires STATE OF ID DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 11 of 13 OWNER/DEVELOPER: BRIGHTON INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Its: Manager Z& By: Robert L. Phillips,President STATE OF IDAHO ) . ss. County of Ada ) On this 7 day of February, 2025, before me a Notary Public of said State,personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, an Idaho corporation, the Manager of Brighton Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. SHARI VA UGHAN Notary Public for Idah COMMISSION#20181002 My Commission expires NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 12 of 13 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-18-2025 Chris Johnson, City Clerk 2-18-2025 State of Idaho ) ss County of Ada ) On this 18th day of February, 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 13 of 13 EXHIBIT A kin E N G I N E E R I N G September 19,2024 Project No.22-075 Legal Description for Apex Zenith Subdivision Development Agreement A parcel of land being a portion of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the West 1/4 corner of said Section 6, which bears S00°51'06"W a distance of 2,641.96 feet from an aluminum cap marking the northwest corner of said Section 6,thence following the southerly line of Government Lot 5 of said Section 6,S89°22'50"E a distance of 60.00 feet to a brass cap on the easterly right-of-way line of S. Meridian Rd. (Highway 69) and being the POINT OF BEGINNING. Thence leaving said southerly line and following said easterly right-of-way line, N04°35'02"E a distance of 370.51 feet to a 5/8-inch rebar; Thence leaving said easterly right-of-way line, N89°50'15"E a distance of 120.87 feet to a 1/2-inch rebar; Thence S00°51'06"W a distance of 50.00 feet to a 1/2-inch rebar; Thence N89°50'15"E a distance of 190.40 feet to a 1/2-inch rebar; Thence N00°51'06"E a distance of 150.00 feet to a 1/2-inch rebar; Thence S89°50'15"W a distance of 305.70 feet to a 5/8-inch rebar on the easterly right-of-way line of said S. Meridian Rd. (Highway 69); Thence following said easterly right-of-way line the following two (2) courses: 1. N00°57'25"W a distance of 940.55 feet to a brass cap; 2. N00'51'06"E a distance of 1,162.32 feet to a brass cap on the southerly right-of-way line of E. Lake Hazel Rd.; Thence leaving said easterly right-of-way line and following said southerly right-of-way line the following twenty (20) courses: 1. N45°34'27"E a distance of 11.31 feet to a 5/8-inch rebar; 2. S89°08'54"E a distance of 6.81 feet to a 5/8-inch rebar; 3. 9.23 feet along the arc of a curve to the left,said curve having a radius of 27.00 feet, a delta angle of 19°34'51",a chord bearing of N81°03'41"E and a chord distance of 9.18 feet to a 5/8- inch rebar; 4. N71°16'16"E a distance of 15.30 feet to a 5/8-inch rebar; 5. 4.32 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet,a delta angle of 19°01'32",a chord bearing of N80°47'02"E and a chord distance of 4.30 feet to a 5/8- inch rebar; 6. S89°42'12"E a distance of 227.26 feet to a 5/8-inch rebar; 7. S85°08'19"E a distance of 129.00 feet to a 5/8-inch rebar; 8. N89°09'03"E a distance of 129.64 feet to a 5/8-inch rebar; 9. S71°16'06"E a distance of 24.75 feet to a 5/8-inch rebar; 10. S89°42'12"E a distance of 109.61 feet to a 5/8-inch rebar; 11. N71°51'42"E a distance of 31.62 feet to a 5/8-inch rebar; 12. S89°42'12"E a distance of 408.44 feet to a 5/8-inch rebar; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 a kmengllp.com 13. 10.30 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet, a delta angle of 45°23'26", a chord bearing of S67000'29"E and a chord distance of 10.03 feet to a 5/8- inch rebar; 14. S44018'46"E a distance of 18.42 feet to a 5/8-inch rebar; 15. S89°42'12"E a distance of 113.49 feet to a 5/8-inch rebar; 16. N36°15159"E a distance of 27.94 feet to a 5/8-inch rebar; 17. 12.26 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet,a delta angle of 54001'49", a chord bearing of N63°16'53"E and a chord distance of 11.81 feet to a 5/8- inch rebar; 18. S89°42'12"E a distance of 835.05 feet to a 5/8-inch rebar; 19. S87°38'07"E a distance of 180.12 feet to a 5/8-inch rebar; 20. S89042'12"E a distance of 87.69 feet to a 5/8-inch rebar; Thence leaving said southerly right-of-way line,S00°12'26"W a distance of 1,275.39 feet to the southerly line of Government Lot 3 (northerly line of the Southeast 1/4 of the Northwest 1/4 of said Section 6); Thence following said southerly line,S8902739"E a distance of 70.98 feet to a 5/8-inch rebar marking the southeast corner of said Government Lot 3 (northeast corner of said Southeast 1/4 of the Northwest 1/4); Thence leaving said southerly line and following the easterly line of said Southeast 1/4 of the Northwest 1/4,S00000'25"W a distance of 1,324.42 feet to a 5/8-inch rebar marking the Center 1/4 corner of said Section 6; Thence leaving said easterly line and following the southerly line of said Southeast 1/4 of the Northwest 1/4, N89°22'50"W a distance of 1,320.93 feet to a brass cap marking the southwest corner of said Southeast 1/4 of the Northwest 1/4(southeast corner of Government Lot 5 of said Section 6); Thence leaving said southerly line of said Southeast 1/4 of the Northwest 1/4 and following the southerly line of Government Lot 5, N89022'50"W a distance of 350.00 feet to a 5/8-inch rebar on the easterly right-of-way line of E.Aristocrat Dr.; Thence following said easterly right-of-way line, N00°37'10"E a distance of 60.50 feet to a 5/8-inch rebar on the northerly right-of-way line of said E.Aristocrat Dr.; Thence leaving said easterly right-of-way line and following said northerly right-of-way line the following four(4) courses: 1. N89°22'50"W a distance of 429.03 feet to a 5/8-inch rebar; 2. 123.19 feet along the arc of a curve to the left, said curve having a radius of 217.00 feet,a delta angle of 32°31'34",a chord bearing of 574c'21'24"W and a chord distance of 121.54 feet to a 5/8-inch rebar; 3. S58005'37"W a distance of 49.22 feet to a 5/8-inch rebar on the southerly line of said Government Lot 5; 4. Following said southerly line, N89022'50"W a distance of 211.45 feet to the POINT OF BEGINNING. Said parcel contains a total of 141.66 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. a 12459 V %f I OF L. BAD' Apex Zenith Subdivision 22-075 PAGE 2 1 408.4 835.0i !ram= �"�"=•�-'�� ��✓ Ih %;` �� `lt� SS -•.712rf sS9^A�'I 2'�c '. : J N rr� G � N � h _ c N 'l. R) � G ff IT N C N O Mf 305.70 r -' 1911.40 nR9"sfi'I$'c '3- O n89°22'�0"1�� nxy>?Zsu-„• y- 429.03 = n89°����0"«� n89°�3f50"%;? 211.45 350.00 1320.93 Title: Date:09-13-2024 Scale: 1 inch=400 feet File: km E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with C-G Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 6,which bears N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6,thence following the northerly line of said Northwest 1/4,S89°42'12"E a distance of 1,189.98 feet to the POINT OF BEGINNING. Thence following said northerly line,S89°42'12"E a distance of 1,234.21 feet; Thence leaving said northerly line,500°12'26"W a distance of 573.21 feet; Thence N89'42'12"W a distance of 1,189.45 feet; Thence S06°23'14"E a distance of 172.03 feet; Thence 58.33 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°41'02", a chord bearing of S03°02'43"E and a chord distance of 58.29 feet; Thence S00'17'48"W a distance of 636.61 feet; Thence 57.85 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S06°55'33"W a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet,a delta angle of 06°37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S00°17'48"W a distance of 980.08 feet to the southerly line of said Northwest 1/4; Thence following said southerly line, N89°22'50"W a distance of 56.03 feet to a brass cap marking the southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 6; Thence leaving said southerly line and following the westerly line of said East 1/2 of the Northwest 1/4 of Section 6, N00*26'49"E a distance of 2,648.65 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.19 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 16— a 12459 0 OF 1� •P L. BA1'Z'1` -Z-A- 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com E. Lake Hazel Rd. N 1/4 CORNER BASIS OF BEARING SEC. 6 N89'42'12"W 2490.51' S89'42'12"E . 1.189.98'—R/W R/�S89'42'12"E 1234.21'W 66.32' POINT OF POINT OF APN: A Portion of 51406212401 COMMENCEMENT (TIE) NW CORNER BEGINNING 514062126011 &51406244200 10 N SECTION 6 EXISTING RIGHT—OF—WAY Zohe: RUT a (WIDTH VARIES) Proposed: C-G b DWT Investments LLC AREA 19.19±AC N89'42'12"W 1189.45' Government 3 Government Lot 4 Lot 2 F '14"E ' Brighton 3 Properties LLC investments LLC } CD Government Lot 3 06 = N S00'17'48"W SE CORNER 636.61' GOV'T LOT 3 co p� `r REZONE BOUNDARY PARCEL v GOV'T LOT/ N C2 LINE SECTION LINE o S06'55'33"W Z 115.33' g Government Lot 5 C3 3 co SE 1/4 NW 1/4 W PARCEL o N I LINE cOUnplatted Q g SCSH Properties LLC 0 z o a W 1/4 CORNER In CENTER OF 3 SECTION 6 56.03' SECTION 6 R/W 1264.90' W N89'22'50"W 1670.93' o SW CORNER Unplatted Unplatted SE 1/4 NW 1/4 = W. Aristocrat Dr. Government Lot 6 3 0 500 1000 1500 0 ZPlan Scale: 1" =500' Z a N CURVE TABLE N Z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 0 N o C1 500.00' 58.33' 6'41'02" S03'02'43"E 58.29' C2 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' 0 r X C3 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' Z Z a E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x i PHONE(208)639-6939 Exhibit B kmengllp.com Annexation With C-G Zone C i DATE: September2024 a PROJECT: 22.075 SHEET: Apex Zenith Subdivision 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Sec. 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho a � � Ai 1�34.�1 s89°42'12"e N N (V M o ~ O W) O v. n89°42'12"w 1189.45 y 3 00 —. O M O � O 00 �: � o N C r,. ao 00 00 `7 O [� p o 04 C QI% O v: 11 Title: Annexation with C-G Zone Date:09-24-2024 Scale: 1 inch=400 feet File: Tract 1: 19.193 Acres: 836045 Sq Feet:Closure=n46.1645e 0.01 Feet: Precision=1/921905: Perimeter=7780 Feet 001=s89.4212e 1234.21 006=s00.1748w 636.61 011=n89.2250w 56.03 002=s00.1226w 573.21 °a° s033640,,,C'�57.82•3746 012=n00.2649e 2648.65 003=n89.4212w 1189.45 008=s06.5533w 115.33 004=s06.2314e 172.03 B�so3640w,Chdls7�82.3746 005:Rt,R=500.00,Delta=06.4102 Q1 Q—S00.1748w 980.08 Bn�s03.0243e,Ch�58.29 — km, E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with R-15 Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Southeast corner of said Southeast 1/4 of the Northwest 1/4(Center 1/4 corner),which bears S00°00'25"W a distance of 1,324.42 feet from a 5/8-inch rebar marking the Northeast corner of said Southeast 1/4 of the Northwest 1/4(Southeast corner of Government Lot 3), thence following the southerly line of said Southeast 1/4 of the Northwest 1/4, N89°22'50"W a distance of 1,264.90 feet; Thence leaving said southerly line, N00°17'48"E a distance of 980.08 feet; Thence 57.85 feet along the arc of a curve to the right,said curve having a radius of 500.00 feet,a delta angle of 06°37'46",a chord bearing of NO3°36'40"E, and a chord distance of 57.82 feet; Thence N06°55'33"E a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet, a delta angle of 06°37'46", a chord bearing of NO3°36'40"E,and a chord distance of 57.82 feet; Thence N00'17'48"E a distance of 636.61 feet; Thence 58.33 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet,a delta angle of 06°41'02",a chord bearing of NO3°02'43"W and a chord distance of 58.29 feet; Thence N06°23'14"W a distance of 172.03 feet; Thence S89°42'12"E a distance of 1,189.45 feet; Thence S00°12'26"W a distance of 758.18 feet to a 5/8-inch rebar on the southerly line of Government Lot 3; Thence following said southerly line,S89°27'39"E a distance of 70.98 feet to a 5/8-inch rebar marking the southeast corner of said Government Lot 3; Thence leaving said southerly line and following the easterly line of the Southeast 1/4 of the Northwest 1/4, S00°00'25"W a distance of 1,324.42 feet to the POINT OF BEGINNING. Said parcel contains a total of 58.52 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459,VA OF N L. 1B 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 kmengllp.com NE CORNER E. Lake Hazel Rd. GOV'T LOT 3 R/W R/W R/W R/W — /W — R/W O NW CORNER� � PARCEL 111 SECTION 6 I�-LINE o: DWT Investments LLC Government I Lot 3 S89'42'12"E 1189.45' I Government Government Lot 4 Lot 2 C3 SCSH Brighton � Properties LLC Investments LLC N bo a _ PARCEL N 0D LINE o r r cD Ln o SE CORNER ? GOV'T LOT 3 ro C2 I REZONE S89'27'39"E v M GOV'T LOT/ N06'55'33"E BOUNDARY 70.98' 2 SECTION LINE 115.33' C1 SCSH Properties LLC �CD Government Lot 5 I z_ m 3 00 SE 1/4 NW 1/4 M PARCEL '-� o LINE-``� APN: A Portion of 51406212401, �m Unplatted s S1406212601 &S1406244200 100 CV Zone: RUT o� Proposed: R-15 Area: 58.52±AC om POINT OF o U) BEGINNING W 1/4 CORNER z CENTER 1/4 SECTION 6 56.03' CORNER z R/W 1264.90' SECTION 6 0 9 N89'22'50"W 1320.93' SE CORNER Unplatted Unplatted 0 GOV'T LOT 5 X W. Aristocrat Dr. Government Lot 6 0 500 1000 1500 0 o Plan Scale: 1" = 500' N W C kN CURVE TABLE LINE TABLE if o CURVE RADIUS LENGTH DELTA CHORD BRG CHORD LINE BEARING DISTANCE z C1 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' L1 N06'23'14"W 172.03' Z o C2 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' a x Z C3 500.00' 58.33' 6'41'02" NO3'02'43"W 58.29' Z ki" E N G I N E E R I N G in 5725 NORTH DISCOVERY WAY W BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B kmengllp.com Annexation with R-15 Zone z DATE: September 2024 c PROJECT: 22-075 SHEET: Apex Zenith Subdivision a 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Section 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho r 118 9.4; s89'12'12" r i L x N N yj O � N _ V x 'l. ' , M o v v r I v.. N N o'* p N p M v x o v n89°?2'50"w 1264.90 Title: Rezone to R-15 Date:09-09-2024 Scale: i hich=400 feet File: Tract 1: 58.518 Acres: 2549052 Sq Feet:Closure=n67.2001NN,0.01 Feet: Precision=1/698564: Perimeter=6686 Feet 001=n89.2250«t 1264.90 006=n00.1748e 636.61 011=ss9.2739e 70.98 007:Lt R-500.0O.Delta-06.4IO2 012=s00.0025«�1324.42 002=n00.1748e 980.08 Bng=n03.0243w.Chd=Ss� 003:Rt,R=500.00.Dclta6.3746 008=n06.2314Nv 172.03 Bng-nO3.3640-,Chd-57.82 004=n06.5533e 115.33 009=s89.4212e 1189.45 005:LL R=500.00.Delt2=06.3746 010—SO0,1226,Ar 758.18 Bng—n03.3640e,Chd=57.82 k ARMY= AW E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Rezone From R-4 to C-G A parcel of land being a all of Government Lot 4 and a portion of Government Lot 5 of Section 6, Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at an aluminum cap marking the Northwest corner of said Section 6, which bears N89'42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the Northeast corner of Government Lot 3 of said Section 6,thence following the northerly line of said Government Lot 4, S89°42'12"E a distance of 1,189.98 feet to the northeast corner of said Government Lot 4; Thence leaving said northerly line and following the easterly line of said Government Lot 4,S00°26'49"W a distance of 1,326.15 feet to the southeast corner of said Government Lot 4(northeast corner of Government Lot 5); Thence leaving said easterly line of Government Lot 4 and following the easterly line of Government Lot 5,SOO°26'49"W a distance of 1,322.51 feet to a brass cap marking the southeast corner of said Government Lot 5; Thence leaving said easterly line and following the southerly line of said Government Lot 5, N89°22'50"W a distance of 350.00 feet to a 5/8-inch rebar; Thence leaving said southerly line, NOO°37'10"E a distance of 23.50 feet to the centerline of W. Aristocrat Dr.; Thence following said centerline the following two (2)courses: 1. N89°22'50"W a distance of 429.03 feet; 2. 93.01 feet along the arc of a curve to the left,said curve having a radius of 180.00 feet,a delta angle of 29'36'22", a chord bearing of S75°48'59"W, and a chord distance of 91.98 feet to the southerly line of said Government Lot 5; Thence leaving said centerline and following said southerly line, N89°22'50"W a distance of 340.69 feet to an aluminum cap marking the West 1/4 corner of said Section 6; Thence leaving said southerly line and following the westerly line of said Government Lot 5, N00°51'06"E a distance of 369.97 feet; Thence leaving said westerly line,S89°08'54"E a distance of 84.12 feet to a 5/8-inch rebar on the easterly right-of-way of Meridian Rd./State Highway 69; Thence leaving said easterly right-of-way, N89°50'15"E a distance of 120.87 feet to a 1/2-inch rebar; Thence S00`51'06"W a distance of 50.00 feet to a 1/2-inch rebar; Thence N89'50'15"E a distance of 190.40 feet to a 1/2-inch rebar; Thence NOD°51'06"E a distance of 150.00 feet to a 1/2-inch rebar; Thence S89'50'15"W a distance of 305.70 feet to a 5/8-inch rebar on said easterly right-of-way; Thence leaving said easterly right-of-way, N89`08'54"W a distance of 89.69 feet to the westerly line of said Government Lot 5; Thence following said westerly line, N00*51'06"E a distance of 850.91 feet to the northwest corner of said Government Lot 4(southwest corner of Government Lot 4); Thence leaving said westerly line of Government Lot 5 and following the westerly line of said Government Lot 4, N00°51'06"E a distance of 1,320.98 feet to the POINT OF BEGINNING. 5725 North Discovery Way• Boise, Idaho 83713 •208.639.6939 a kmengllp.com Said parcel contains a total of 71.44 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �Gl S� 4 � a a12459� 0 '��' OF 14� L. Bt►ti'�' Rezone From R-4 to GG Apex Zenith Subdivision PAGE 2 E. Lake Hazel Rd. NE CORNER BASIS OF BEARING GOV'T LOT 3 N89'42'12"W 2490.51' POINT OFR/w-1189.98'V R/w R/w /w R/w 66.32' EGINNING�r— BEXISTING RIGHT—OF—WAY (TIE) NW CORNER 3 SECTION 6 (WIDTH VARIES) b SCSH I Brighton DWT Investments LLC M Properties LLC Investments LLC Government rn Government Lot 4 I Lot 2 o � rn m APN:S1406223153 & N S1406223014 o Government Lot 3 N 3 Zone: R-4 >- Proposed: C-G w AREA: 71.44±AC o SE CORNER GOV'T LOT 3 c o ru o z GOV'T LOT/ REZONE BOUNDARY SECTION LINE cL: _ an °' Government Lot 5 N "' SE 1/4 NW 1/4 0 00. SB9'50'15"W N 305.70' ¢ 0) Unplatted �3ED z N L N00'51'06"E o� V) LO-j x�i SCSH Properties LLC J W I- 369.97' L L4 o W 1/4 CORNER N89'22'50"W '`� SECTION 6 429.03' / SECTION CENTER OF 350.00' o C1 — — — — — N89'22'50"W NOD'37'10"E N89'22'50"W 1670.93' w 340.69' 23 5D' SE CORNER Unplatted Unplatted GOV'T LOT 5 W. Aristocrat Dr. Government Lot 6 0 0 500 1000 1500 LINE TABLE o Plan Scale: 1" = 500' LINE BEARING DISTANCE N N CURVE TABLE L1 S89'08'54"E 84.12' z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD L2 N89'50'15"E 120.87' 0 0 C1 180.00' 93.01' 29'36'22" S75-48'59"W 91.98' L3 S00'51'06"W 50.00' Z Z L4 N89'50'15"E 190.40' 0 X L5 N00'51'06"E 150.00' W Z zim ENGINEERING L6 N89'08'54"W 89.69' _m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x PHONE(208)639-6939 Exhibit B > kmengllp.mm Rezone From R-4 to C-G v=, DATE: September 2024 PROJECT: 22-075 SHEET: Apex Zenith Subdivision 1 OF 1 Gov. Lot 4&a Portion of Gov. Lot 5 of Section 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho 1189.98 s 89°42'12"e 3 o, o CI4 W) N C M - C v O o 00 O O G1 � t7' � N o M O 16 s89'50'15"w• 305.70 10 11= U 13 � o 0 0 M p n89°222'50"w L n89°22'S0"w ,n89'22'50"w 340.69 429.03 350.00 Title: Rezone from R-4 to C-G Date: 09-24-2024 Scale: 1 inch=500 feet File: Tract 1: 71.441 Acres: 3111949 Sq Feet:Closure=n26.2846e 0.01 Feet: Precision>1/999999: Perimeter=8608 Feet 00 1=s89.4212e 1189.98 008=n89.2250w 340.69 015=s89.5015w 305.70 002=s00.2649w 1326.15 009=n00.5106e 369.97 016=n89.0854w 89.69 003=s00.2649w 1322.51 010=s89.0854e 84.12 017=n00.5106e 850.91 004=n89.2250w 350.00 011=n89.5015e 120.87 018=n00.5106e 1320.98 005=n00.3710e 23.50 012=s00.5106w 50.00 006=n89.2250w 429.03 013=n89.5015e 190.40 007:Lt,R=180.00,Delta=29.3622 014=n00.5106e 150.00 Bag=s75.4859w,Chd=91.98 EXHIBIT B 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 AYF COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. im' on 1-25-2025 Attest: p � SF,AL Chris Joh on 1- ,_ 025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 1-25-2025 By: Ch",Vhcl) Dated: City Clerk's Office I- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -3- COMMUNITY DEVELOPMENT WE DEPARTMENT REPORT REPORT HEARING 1/14/2025 �~ Legend DATE: �' = Project Location TO: Mayor&City Council :: Area of Impact _= City Limits -- FROM: Bill Parsons,Current Planning a Analysis ~, Supervisor 1 208-884-5533 1 bparsons@meridiancity.org APPLICANT: Amanda McNutt, Brighton Corporation `5 SUBJECT: H-2024-0052 1 Apex Zenith + ------ LOCATION: Generally located at the southeast corner of Meridian Road and Lake Hazel in the east 'h of the northwest '/4 of Section 6, - 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 1/4 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 la P-wrlrrg.N_.�_ft Mire Cdd,Yo4r=EWrft ]lm Haman Lamm xre rw A ACfM Wrt 4epk7Prarw.Uo=rw '0S#&MW-J P-r—w slr'�.Opn�+rrra-Irr Date: OMotler'29,2024 Tay Amanda Metdutl,via email Staff Contact:KaraLeigh Troyer,Planner Project Descrlptlon apex Zen Ith TripCreneration: TrlpgeneratipnwilIdedeterminedha5+eaon the iraffir impact SU,ady. DevelopmentProposed • tho Futurt with planned yes CgrT1rT rit 'n+a ta4les abo"IKt the rvstlrog car4lmm of the#wrrpyndll+g roadways witt+aut The proposed 6ewloomem as iNsoppticatian r far anrNmaten Vid r*:,Qr+rO y.With a Futuee Orvalopmfnt appccwtion,Ols sunwraryvrill be updaTied Tb roP,* t th*dovelnprmnt arid it9 impartL connecting your to mom ,+d7 Cm iry mqh"r fiuVT•TnS Adarrc 5[rca!-Caauan GV.1{3-BrM-PH 7M M7.6)M-FX 3aFf W.W•�knwid4lr,V"0q 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 O Analysis g ■ s� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -30- 2. Zoning Map L Legend C3 Project Location R-4 R-2 TN-R Area of Impact 0 Analysis _ R-4 G-GlqRMAR, R-15 — 7I R-6 I f J RUT R-g AEMBI- A R-4 RR C1 3. Future Land Use Legend � Project Location e ;;;Area of Impact gAnalysis ensity r Residential MU-RG Fj. Med-High — - MU C Density Residential Medium Density Residential Low Density Residential FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -31 - 4. Planned Development Map w Legend + ® Project Location ; - ;;Area of Impact , m -� T` •� T==' City Limits — PlannedFarcels F 1 , Analysis i -�ItlttHJT � ' 09 1 _ F + 1 1 I 1 1 , 1 1 � t 1 - 1 I 1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -32- B. Subject Site Photos tld - 4 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) LAKE AZEL RD MEDICAL I OFFIC REGIONAL C-G Zoning 100.000 S.F. COMMERCIAL C-0 Zoning P. MEDIUM-HIGH CI COMBINED BUILDING T CC LU A DENSITY.AREA;"6,000 S.F.S-F. LU Depicted internal > RESIDENTIAL 0 z streets—Spire, Prevail& SPIRE ST 1 Aristocrat—are public, subject to ACHD design BREAKDOWN LU standards and approval Big Box P Warehouse- R-IS Zoning 346,000 S.F. BREAKDOWNJ Density: 8­15 0.1p./ac. Units TBD in Future TED Appimations p DR ARFSTOCRAT I R) __ I 'X L-14ALE CaLECTM APEX ZENITH LAND USE CONCEPT OC70SER 2024-SUBJECT TOCHANGE 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 Rld B1dg. g Parcel a oravE ous� ._.. Parcel T.LLI � k APEX ZENITH W Bldg. A "First *Step" Phasing Site Plan SPIRE OR -- Parcel I — Big Box Ian October 2024-Ganccptuat,Subject toChanga Parcel L — Medical i1g0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -36- T LAKE HAZEL. RD Ra access ' ACCESS WAIVER IVE ,SL! ■ CONSTRUCTION ---- q + PHASE W I W # public street s private drive aisl w SPIRE S r" SPIRE ST 7 --- _ CONSTRUCTION eFtln � ' 0 PHASE "B" a public street ` J I PROPOSED SIGNAL* _ us (intersections & signals depicted I - as proposed in the TIS scope ARISTOCRAT DR AIRISTOCRAT OR accepted by ITL] and ACHa) — _ FULL ry APEX 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 -.� fI ::::: ................................ .................. i I j � f II II I I - - �- I I I �•• Illl � I -------------- re_ III � � �� II 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- 0 } a H. Annexation Legal Description& Exhibit Map for GG Portion �um SeptbnGer 211M FM[tW W.'22-M Irs�l�f i't nAh 5u6dwlsion FAh bit 4 srgat Cest.*1!l:h ftir Anr*AA1 nWHft"low A pir4;4?l mf land hplrg a pan if,n a the F.ial 11r i f--ir P1arIhwasl 114 of Section 5,Tosmship 2%Hh, rt;.nEF a Easi,33.M.,City or PAL raw,Ada cul:Ly,iddho tselq more panl"acly described as k wAs; Connor r dnp at an akNrrrLum cap ntarklre Me fFartlsfrest romef pF said Section L which hears NjrQ'l2"'A'.R04%M q of 4,44.53 NW from a"-Inch mbar markinji the North V4 corner oftaid $ectk m S,Viama followinEthenortherlylino aFsaldNorthwea[1jill,589r43'12"E a dima ceof 1,1138,9R feet tp tile Pa7 TOF®EGINK11101 Thence folip ing Fa1d nnrlher y Ina,9SWIVE a distancA 401,23411 feet; lhencvko"€aid ncrtncrly Zinc 504'12'2'1Y adataneeof 571.21feet; lisenss NEl9'42'12'W a di![ehoe of 1,789A5 feet; Thence 505'23'14"E a dhtante of 17223 fret, TFlence 5a 33 feet alone thearc of p rww to the FkSm.sald came hAviin a tadrus[sf 500.00 Fe'K a CLtha ingk 4t 4)5'4V C 2',a chard bearing of S03'02'#3"E a nd a dread Cl3talTe OF 58.29 reEt Thearte§OD`17'4g 1.'adistanceWEM.61leed: Ttenoe57.95Feetalong.thearcofatu+•etothe 11Msaid cuntN*garadlusofW-00 feel.adelta angle of C6'31ra$",a chord WartPg pf 50.3`34'11YW,and a chord clitutze of 57,92 fret; fFnm c 5%*9'33 W a d'ertance of 115.33 feet Thence 57.95 Pert alone Fhe art of a curve to the leh,sold curve hawr8 a rad4rs of 5pq,p4 teat a dielts angle of(W37'9r3',a dLprd Warlgg of$p9 3 G'4b Vd,and a chord dlslance of 57 82 feet; TfvnDF EM'11'48"W a cktancq of MM feet to the southerlq'kieL 4l!Wd fil Lsla esi J)4_ Thgota;Fplh living said sowheriy6nr,N&9'22'SD1'Wadkstence ot56.03 tent to a brass cap nrarklrg the sontfn7ru c6rrrrr al the 5aulhe"1/4 oP the Hartlswest 114 of said$eitiDn 5; Thence Leaving said soLittmdy 14Fie and faloml%tFw ue;tariy Mina of said East 02 of LhrNartln A Ila 9f 5r[t14n4�f40G'35'49'kv dls�anw of 3,5'�4$fRgt tptho PO[NTOF8E6affNsfi6. &add pameJ COMAnd a[OL81 Of i9 14 acret,more ar I&W and is wbWL so ad imbileg a mvnr+rA;andlgr etgrets:�of reoaf0 ar Implied. Attaomdherarok FidiYrlt bird bvthis_Ferrnm is nnardrapan srerrof. 1 459 4 f�'2�nw4ti i'+Ilsvn"�-M''MI"fWih4lr�S�*5713•14a.6a Y�fi39.afnan�llp.{om FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -41 - t.Lake H aml tad. =/4 CORFtR EkS;& OF OCAMR O rsIt Ec 4 NIW&2'12'W Meal' r—S89'a2'12-E 118ar-p . hf- 4i°13"E l"&21'u RQlN6 OFPUINT CY I+PWA PtxtidmoTSWDI 2401.J. 66'33" EEN I BEcrNwllG SE+1C�G#'13 41$Sid+463Gr 0# (W Of OM SECTION 5 i E)1UUNC IEHTw0E-%WY 2'BnC.RUT F r WTH WAIFS] plappsod;C-G y r1WTwwaelln+hjaLX AREA.,14,39sA ' e�e�s 'is'rr 11�.45' C°oirerrwmrt f7Cr9TnT$nt L4:4 I LoT2 72.03' c, I SCSH Qrlgh'oer i $ Proputles LLL Imrasrinanu LLC Goryl T-lnon.Lotd SE GONER Z' _ _ 1 G4YY J7T 3 ®v,07 Lt`iTf RE7tlNE aauar�rx,' Ur,E .. M SEI4'TrON UkE S08'.�5`33�AI i 15.33` 64mmuwTlt VrtG a 5E114NWVA I � pkzcF,L LINE I UnpWird I � I '� $r:$H�rgpyrtlpsliC i W 1/4 CORNER CEraTER OF$FCTION Owl SECT�N 4 L � �LT3�'30�Y' 167QG3' r a SE 15/ +SYr 1M UnPlMed uftplgtwd � W.Aristocrat Dr. E;,xrtmrnisn#La16 ¢ pwo 10M ism PlanScale:3'=5m' WAYS TAiM CTuk'`'E iSArSil; dNCTM pFLTK CJ18Ffl 9LG triGlb Ct 5WW 56Sb' 6'41'9T 5A3'C2'43'E M.24' C2 &QW 6Tb6" 613YW sd 3v'''-w 57,62' C3 36kw 57.83' 6'3T4v SA-16`40V 57m, E Mr.I wi 116RrG L-M N.`fW56 oX ftW ExhibiL& ",�`_"•• Annexaklan Wlt:h Cat Zum �.�_• ::ems SHEET. Apex Zertlth SUbdrvisinn L OF 1 AP4 �oikh9E1f3aFtheh"eUlfda95e�6.TTH.R1E,8h1.Givar6lkrwtl+F7,AtllLoianEk-ItlFhP FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -42- I. Annexation Legal Description& Exhibit Map for R-15 Portion 6" E rr 0 1 N E El I N0 Septet b"24,2 2A fNo*1 r'W-'22-M AM Zit*m SubdPA*n Pilltlhh A Logal❑walptiorl ForAnmmotion w"11-16 Lora A parcel pl Lond Wrg a Fprtlgn of the East 112 of the Northwest 114 of Sertlon 6,Township 2 Noretr, harp I East,9.M„Cltyod Merkflan,Ada county.Idailo being more pdrticuialy d23 0eda5lelbws: Itt]MMKING at a 5{B-trot rebar marking the Southeast cornerof said Southeast 114orthe PkrtkwKt L/4(Cenrer 114 ponwo,Which tears 5cID'W25"W a dlsnnre-of 1,324.42feel Forma 5113-inch reWr marking the Northeast cornaei V sold Southeast V4 of the f+orthwest W($otutheast comergf Government Lat 3).Thence Fikowing the southerly Ilne.of sold Soutlataslt 1/4 df the Nortbwm I/d, Ne9422'-90'W a distance aF ir!-6A.40 feeta Thence Ieswg#odd sm6*rlyr Wren,NEO'17'49'E a digtanre of 990.Oa feeC Thmca 57J35 fte't atortg deer art of a tine to me rot,sa Id carve hiwing a radius of$00-00 feet.a deity angle of 06-3T45",a dWrd hearing of NO3'36'40'Ft and a chord d4statice of 57.32 feet, Thence raOG W33"E a dletance of 115-33 feet; Thence W-85 fees along the are of a Hove to the left,Bald curve haruitg a radius of 5010.00 feet,a 1Aetta amg*-of 06'3'rW,a chard bea*%of ra93' '40`E.pnd a chn rd dlstanceof 57.22 feet; Thence ftOD`17'48'E a dlstancr of 636.61 f W; Thecae 58.33 feet along the arc,or a inrve to the[ell,sold curve havW1 a rlEdkd a 5M.99 feet,a 001:4 angle of DW43'b2"r a cho rd hearft r f NOVOW43"W and a[hard distance of 59,29 feet: Thrnze H05723'14"W s dlitanoe of 172.03 Feet; Thence SB'43'1Y%a dlstar,d-e Q41,189.45 feet; Thence 500'12'26"W a dlitartce of 758.18 Met to a 5J&Inch reper on the sauthwlp firm of Government Lot 3; Thence fakw ft sold southerly ine,SW27'34"E a distance of 713.98 feet to a 5fB-inch mbar marking the southeast corner of sold Gowrewem"t Lot 3; Thence Ieavhg said southerly line and fo Berm tt tfat easterly Flne bf the Southeast at4 of the Ntutirwest 1/4.snD W'35'W a dtstartm of 1,124AI feel to the MKT OF BEGINNING. Said parcel mntaim a total of 58.52 acres,tnoro or cost.and 4 ztoi, &to at wanting easements artdfar tuts-o€way of mcDrd or imphed. AttachWPlu ttt is Exhibit&and bythlsWerence Is alAdea part hereof. e PIS rwrth Dktearery W&Y•Eelse,kuKa BJ71 d•206,6"A$55.Ycaen ftlpAGM FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -43- NE CORNER r. V`rLW3 L L■ke Na:d Rd, F��F�_pr'lt —Rfh i rn 91�� NW r. Ell PARCEL S-ECTON r LIME CWT JnvaslsnemTs LLC I G y r11mMC Likt 3 SOV42421 1169AW Government I� Gavesnrnent Lot F Lot 2 Origh:on C Investment LLC PARCEL LINE I I b SE -'JRNER 4t,T '! I I C2 I REZONE427'7�"t QafT Lt7Ff #+06'�' M1 BOUNDARY 7p-96 113. scst-1 Propertlm uc S Vemmem Lot 5 Y SE 1/$NNE 1IA $� 9 PA7LINE AP N:A Portlon of 514-6212WI , I �" � p ilnpla[[ed 51446212601$51406M4200 m I zone•HUT Proposed-Jt-15 Are :58-522M 1f;OIN-r OF SE 19 1/4 CORNER QENTO 1!+ I 5ECTr5N df SS.OS I irORf4E3R R^" 1264.90' ECT16FJ b 489 MM w I.120,93' SE CORKER Unplattod WIP14tt0d GG4fi LOT 5 W ArisSosrat Dr.. "Vornftwnt LW,6 4 woo i500 P PLao Style-1"w 500' CURVE TABLE t IN E TABLE CUM RA LS tENE-1'1 MTP 1.HQM011G CHORD UNE NUAING 013TANCE c1 544,01Y 57rlV f?37wl rib -M540"E 57-82' 41 Wr2YT41r t'72.W- ki" C2 300.ff 57.W 5 3:''<E' 'LC1'39'4D"f 57-62' 5 C3 -%D. V 50.33' 641,02, Nmro'43'w ENCr1NF191N0 +Pb�.ur.iaanmx�n v.�sr �.m.a Ira;eniacn Exhib It B Annexation wtth R-15 Zar1E 31dEET: Apex Zenith SuhdWrisiort 1 OF 1 Po ilan 4f c E 1(2 of Ski M1dV 1/4 CR SertLpn fi,'2N,RSE_0M,My of MerldlarX?da bounty,Idara FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -44- J. Rezone Legal Description&Exhibit Map km SepMmbeF 24,2024 Prood rk.-.22-075 Aped 7#nith sandkokion Ehdl R A LaW Dosar*6m for Room Frw R-4ioC-G A parcel ch!land beings ali off Wv"Merli Lot 4 aand b portion of Governtment Lot 5 of Sec k m 6. TawrnsNp it Noetb.Ran"5 East,B K.Cilr of Nlarkl Lin,Ada County.Ida ho being move particu4rh' dle5trlhed as fopgwrs. BEQHNING at an alurnInvm emo hrlarkin the Northwest ccm@reSaid Stetson 6,which bears ME9'43'12'W is dfatawe of 2,49p.$1 feet from a 512-kwh rehar rrimkVg the Northeast coarwr of Gowemment Lot 3 of said Sectlarr 6,thence foRowing the northerly line af Bald Gov&inrnent Lot 4, S0T41'12'E a distance of 1,M.90 free to the r 4 rl heist N11`n7r of Said Governmewl Lot d; Thence leaving$aid northerly bne and foliowdrtg the easterly Ilneof sald Gmernmerht Lot 4,St10'2b'49-W a distance of 1,326.15 feet to the southeast oorner of said Government Lot trmrlhPast Corner01 Gawt•rnmerll Lot 5}; Thence 4��ino 5.Nd easterly Ilrw i�f 131overnment Lot 4 and following the easterly Ilse OFGowernment Lot 5.5DT?.6'391W a distance of 1.332.51 feet to a brass cats marking[he southeast oompr of laid Government Lut 5, Thence Iwwlng Said easliehiy llneand fpll;owingthesom1herly ilne of Bald Gravemmem Lot 5, NST21'5(rW a distance of MOM feet ID a S/&inrh Febar; Thence kaying said soul herly IMd,N00'37 101 hY daita rtde of 23.5a feek l,*the Etnterl me of W, kilstwi t Or.; Tl.encr foUowirrg said centerline the fuRowing two 123 murOti- 1- N89'22'50,W it distsme of a29.43 fret; 2- 93-01 feel iiWrhg the arc of a curve to the left,sa Id carve having a radius at 1t30.00 feet*a delta a ngle of 29'36'22",a€bord bexilrig of 575'4V59`W,and a th Ord dicta not of 41.98 foot to the southerly lint of m Id Government wi 5; Thence keawin@ said cLnterti m a nd IpliDwing said wuthe*li ner U89*22'54YW a dislanc@ of 340.69 iW to an aluminum rap markirrgthe West 1J4 cornea of said Section 6; Thrncr leaving said wuthcrry line and fol lowlog the westerly lkne of said Government Lot S, -00'51'06'E a distance of 369.97 feet,, Thence Trawl mg said westerly hoer S89'08'54-E a distance of 84.12 feet to a"-Inch reber vn the eaosr@rlr of bterldian fldj{ utt Nlghway 69; Tkoce leavIng said eastHty rIght,of-way.N99'WJ5'E a distance of 12047 feelTto a 1124110 rebar. Thence SO4'51rWrW■distance of 54.60 feet to a 0-Inch rebar, Thence N89'50'15"f a dt ame of 190.40 left to a 1/2-4llch relabr; Thence NOT51'DVE a diswexe of 250.00 feet to a W rich rebor; Thence S89'50'1VW a d;stam,*of 3i76.70 fart to a 5{9-Inch rebar on said eas[ecly right-of-way; Thence leaving said easterly right-0f-way,N89Zllt'54'W a 6151e=nce of 09.69 felt to the westerly line of said Gsowemment teat S; ThehCk fhrllowiq:said westeerly tlne,KXSl'['WE a d fstarree of a5CL9]feet to the northwest comer of said Government tot 4 jWuthw'r'e5t Gamer of Government Lot 4f; The rice leaving said weswrty line ofGovernmerit Lot 5 and following the weiwrty Kne of said 15owfnmelrt Lo+t 4,NOD'SVID61 b dhslalrGe of 3,320LS*feet p4 the PONT T KGIKNN GC 5725 NOrM OlteowIry WAY•901sar id4h9 a47 t3+ROIIIIA 4 MSI*Ymionfllp-com FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -45- E.Lake F1aFel Rd. K CIDRW R 9A515F ERRING T LOT 3 N89'42'12'W 249a,w1' PM? Or` � —'.1�9.9�'+��{r RN r/" a{a^---� $ 32' 6EpF1lNG E}GsrlhG P"T-Oir-WAY, NW CUMMER SECTION fi {HH]"H VARIES 3 hUrn DWT Inw2$#rneFlts LLC pm n LLC Irw"lmIrriks Ltc Gqv$mm ent G&mrnmehL"A I Lott � � f1Pf1:S1#46223153$ � S14MIMOL4 pv�rT11rent L013 i w n Z0r4e,R-4j Promsed!C- I 3 AREA:7t.da±AC SE �'RNER ah _ 64YT LE1T 3 w P, 00V'T LOTJ RE3OirE atlLtlhlor SECTION -'NE Cwwemmen#Lot 5 r SEIJ4NW114 f SB9'Sn7'15"1A' 3� f unplattec n I 2 !3SCSFI 5roperties LLC NW!51'06'E ` rr� ffi 34 -9i' L# Ek 1/# L341txLR 11E4]22'5O1f -CENTER Of 9ECTN}r# BA I +29.03" SECTION W - --e 1O 35a�oo° 6 r OM N5v22''$0'w NOU37' 'E 3.Sb' NW7'22 50'' walilj' a 340.69' 2 SE CORNER Unpletted Unplakied ecv'T = 5 A] ArM0teM 0? Gcvernment Log 6 0 Snd 10 0 15f LINE 7A8Ll Plan Stale:1"=3b0'it OW WMIIrG MUNU C q f CURVE TABLE L1 Sdrt M'54'E EK,12' �[ EUR4�E F;. LEfYG�FI 0E6rA d+0�d0a{i [?li>#f6 L2. NATM'15`E 1215.87' k Cl 1aQ,00' gj a1' Xr.5fs°F2' S7 4fff€'W 91.96' ii 148Sr'5I}'757 194,4D' 3 L5 NOEr5I'06 1 1W.00' E IN 4 I K f E 9 1 N G LA I&MV09'54-W 99-89' uss���+naw�■•+� Exhibit B nw�Ynrq}ctn waa Rezone From R-4 to C•G SHEET_ Apex Zenith Subdivis;on F Gov-Lat 4&a Portion o!Gav,Lot S-of SeCtlon b,7:�N.RIP,R M.City of Meridlan,Ada Cuuntw.Id*%0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -46-