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Staff Report for City Council
STAFF REPORT Hearing Date: December 8, 2009 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-09-008 -Meridian Crossing E IDIAN~,--- II~A,H~ I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Zeiter, has applied to annex and zone a total of 115.26 acres. The proposed zoning is C-C (48.59 acres); H-E (27.27 acres); M-E (22.57 acres); and R-40 (16.83 acres). The applicant has submitted a conceptual development plan showing how the site may develop as mixed-use planned development based upon the Ten Mile Interchange Specific Area Plan. See Section 10 of the staff report for more information. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed annexation and zoning and concept site plan based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on October 15, 2009. At the public hearing they moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Wilson. JoAnn Butler. Brad Boe ii. In opposition: None iii. Commenting• None iv. Written testimony: JoAnn Butler v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: Anna Canning b. Kev Issue(s) of Discussion by Commission: i. Timeline of build-out of the entire site and land use during that period until full build- out occurs• ii. Concern relating to the proposed location of residential uses in proximity to the Northwest Pipeline; and iii. Commendation of the proposed development plan in relation to the Ten Mile Interchange Specific Area Plan for this area. c. Kev Commission Change(s) to Staff Recommendation: i. Modify the wording of DA provision #1.2.a as shown in Exhibit B: and ii. Modify the wording of DA provision #1.2.c as shown in Exhibit B. d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-09- 008, as presented in the staff report for the hearing date of December 8, 2009, with the following modifications: (Add any proposed modifications.) Meridian Crossing AZ-09-008 PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-008, as presented during the hearing on December 8, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-09-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1085 S. Ten Mile Road, centrally within Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: 51215244200 & 51215427850) B. Owner(s): Meridian 118, LLC 2200 Paseo Verde Parkway #330 Henderson, NV 89052 C. Applicant: James Zeiter 2200 Paseo Verde Parkway #330 Henderson, NV 89052 D. Representative: Mike Wilson, Stanley Consultants, Inc. 2264 S. Bonito Way, Ste. 150 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 28, and October 12, 2009 (Commission); November 16, and 30, 2009 (City Council) C. Notices mailed to subject property owners on: September 17, 2009 (Commission); November 13, 2009 (City Council) D. Applicant posted notice on site(s) on: October 2, 2009 (Commission); November 3, 2009 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residentiaUagricultural property currently zoned RUT in Ada County. A home exists on the southeast corner of the site. Meridian Crossing AZ-09-008 PAGE 2 B. Chazacter of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84 4. West: Rural residentiaUagricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located neaz the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Marvin Canal bisects this property. Other smaller ditches/canals traverse or lie adjacent to this property. 2. Hazazds: Staff is not awaze of any hazazds that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. F. Access: Two access points to this site aze depicted on the preliminary plat for Baraya Subdivision at the south and west property boundaries. Please see Section IX below for more information on access. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use Designations: The subject property is located in the area subject to the Ten Mile Interchange Specific Area Plan (TMISAP). The Future Land Use Map (PLUM) contained in the TMISAP designates the property as Medium High Density Residential (MHDR), Mixed Use -Commercial (MUC), High Density Employment (HDE), and Mixed Employment (ME). MHDR azeas aze locations recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average density tazget of 12 dwelling units per gross acre. Generally densities should range from 8-15 units per acre. (See pages 3- 6 & 3-7 in the TMISAP for more information.) The FL UM designates approximately 28+ acres for MFIDR uses; the proposed concept plan depicts 16.83 acres for MfIDR uses consisting of apartments, condos, and townhouses consistent with the land uses planned for MFIDR designated areas. The proposed residential development area would consist of 64 townhomes and 171 apartments/condominiums with a density of approximately 13.9 dwelling units per acre, consistent with the desired range stated above. Higher density residential development is proposed adjacent to the R-1 S zoned property at the north property boundary, and proposed ME and MUC areas as a transition to commercial uses and lower density uses proposed internally. Meridian Crossing AZ-09-008 PAGE 3 MUC are intended for the development of a mix of office, retail, recreational, employment and other uses, including multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MUC designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FLUM designates approximately 19+ acres for MUC uses; the proposed concept plan depicts 48.59 acres for MUC uses consisting of ground level retail with residential above and parking structures. The area also includes a community park which will include water features, an amphitheatre, pedestrian pathways and plazas, dining establishments and specialized retail services, consistent with the land uses planned for MUC designated areas. The applicant is proposing 3,140 parking spaces, and 362,500 square feet of retail/restaurant space in this area. Floor area ratios (FAR) will be between ~9 .98 and 1-9-3 2.45, which ~-le~ve~ a~°:u„a :N '~~° ~°~~ consistent with the desired range in this area: future development should be more consistent with the desired FAR for this area. Building heights will vary. There are 799 residential units proposed above ground level retail resulting in a residential density of 16.44 dwelling units per acre, which exceeds the target density of 8-12 d.u./acre for MUC areas; specific development should be more consistent with the target density for this area. Additionally, future structures should be consistent with the maximum ground level residential percentage specified. HDE areas are recommended as predominantly office, research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. HDE areas could provide restaurants, lodging and other services in support of the employment uses. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TMIASP for more information.) The FLUM designates approximately 45+ acres for FIDE uses; the proposed concept plan depicts 30.31 acres for FIDE uses consisting of retail ground level with offices above, and stand-alone office uses with parking structures. The office component will encompass approximately 1,074,800 square feet; and the retail and service uses complimenting the FIDE area will encompass approximately 98, 000 square feet. The FAR will range between ~ . 77 and 1:5 1.31 and will likely increase as parking structures are added: building heights will vary. Future buildings should be consistent with the height, floor area, and FAR stated above for FIDE areas. Restaurants, retail uses, and parks are proposed within the MUC area adjacent to the FIDE area in support of the employment uses; however, no lodging uses are currently proposed. Future structures should be consistent with the height and floor area ranges specified, and as specified in the respective zoning district. ME designated areas encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small, local or start-up businesses, as Meridian Crossing AZ-09-008 PAGE 4 well as sites for large national or regional enterprises. ME areas should be designed as lower density suburban-style developments. While there are no fixed limits on size of establishment or development intensity, it is anticipated that buildings will range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed .75. The FLUM depicts approximately 20+ acres for ME uses; the proposed concept plan depicts 22.70 acres of ME uses consisting of flex office, research and development, and parking structures consistent with the land uses planned for ME designated areas. Future structures should be consistent with the height, floor area, and FAR ranges specified, and as specified in the respective zoning district. Overall, the proposed concept plan depicts approximately I1 acres (or 40% +/) less MIIDR, approximately 30 acres (or 60% +/-) more MUC, approximately IS acres (or 33% +/-) less FIDE, and approximately 3 acres (or 13% +/) more ME than shown on the future land use map for this area. Per the TMISAP (page 3-1 S), the lines on the land use map are flexible. "These lines should adjust and evolve to create a place that is truly an integrated whole-mixing uses both vertically and horizontally, while protecting certain uses like low density residential areas from the impacts of commercial or industrial development. "Further, "The land use map recommends general locations for specific types of land uses, and illustrates how these uses are related to each other geographically. " The proposed concept plan includes the integration of a variety of uses both vertically and horizontally in accordance with the TMISAP. Staff finds the proposed location of the different land uses is consistent with the TMISAP; however, staff finds the amount of area proposed for MIIDR, MUC, and IIDE uses differs sign~cantly from that shown on the FLUM. Additionally, as noted above, the proposed FAR in the MUC and FIDE designated areas is lower than desired and the proposed residential density in the MUC designated area exceeds the target density for that area. As the details of the ultimate development plan evolve, there may be an opportunity to bring the future uses/development closer to the vision of the FLUM. Transportation: The transportation plan contained in the TMISAP depicts a major collector street traversing the site from the northwest comer to the southeast corner and from the west boundary to an intersection; at the intersection the street continues north to the east boundary as a residential collector. The plan depicts a minor collector street at the north boundary on the eastern portion of the site connecting to the major collector street. Lastly, the plan depicts a 4-lane parkway at the east boundary connecting to the major collector street at an intersection (see page 3-22). The main type of streets reflected on the concept plan that run through the site is major collector streets (or "Street Section C') as defined on page 3-22 of the TMISAP. The street sections within the proposed MFIDR area will resemble residential collector streets as defined on page 3-23 under Street Section D. Street sections in the proposed MUC area will resemble minor collector streets as defined on page 3-23 under Street Section E. Staff has reviewed the proposed transportation plan shown on the concept plan and finds the basic alignment of the streets shown on the concept plan is consistent with the transportation plan contained in the TMISAP. Staff also recognizes that the alignment may change slightly with future development of this site and adjacent properties. The concept plan depicts roundabouts at major intersections for safe and efficient traffic circulation in accordance with the TMISAP. The applicant proposes to accommodate various modes of transportation within the site including vehicle, bicycle, and pedestrian. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Meridian Crossing AZ-09-008 PAGE 5 • When the City established its Area of City Impact, it planned to provide City services to the subject property. Municipal services are available to the subject property and will be provided in the following manner: - Sanitary sewer and water service is available to be extended to the subject property. - The lands will be serviced by the Meridian Fire Department (MFD). - The lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). This service will not change. - The subject lands are currently serviced by the Joint School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Diversify economic base of City -make Meridian more than a "bedroom" community." (Chapter N, Goal II, page 27) Staff finds the proposed development will provide an intense mix of residential, commercial, and employment opportunities such as service uses, offices, retail stores, restaurants, research and development, and a wide variety of residential housing. Staff believes the proposed development will provide much needed services and employment opportunities within this area of the City for residents of the Treasure Palley as well as residents of the City. Additionally, the Ten Mile interchange, when completed, will provide convenient access to this developmentfrom I-84. • "Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments." (Chapter VI, Goal II, Objective A, Action 13) The concept plan shows vehicular connections to two stub streets at the north and northwest boundaries from the Barraya Subdivision and has been developed consistent with the overall circulation pattern contemplated in the TMISAP. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed concept plan depicts a wide variety of commercial and retail opportunities with development of this site. • "Ensure that adequate public services, including transportation, for existing and future developments are provided." (Chapter VII, Goal IIn With the construction of the Ten Mile Interchange, a nearby access to I-84 for this site will be provided. Adequate sewer and water services are available to this site. The developer shall be responsible to construct infrastructure to the subject property when development occurs. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (Chapter VII, Goal V, Objective A, Action 4) The concept plan includes a variety of residential opportunities including apartments/condominiums, townhomes, vertically integrated residential. The plan shows an area of approximately 1 S acres with 64 townhomes and 171 apartments/condominiums uses within the Meridian Crossing AZ-09-008 PAGE 6 MHDR area. Approximately 799 residential units are proposed within the MUC area above ground level retail uses. • "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action 14) The concept plan proposes a large linear open space corridor over a segment of the Northwest Pipeline that exists on this site. The linear open space area is proposed adjacent to a large park area containing an amphitheatre, smaller retail stores, restaurants, and lakes. In summary, Staff believes the proposed concept plan is substantially consistent with the vision and intent of the Comprehensive Plan as anticipated in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (iJDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. UDC Table 11-2B-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C, M-E, and H-E zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC Table 11-2A-8 for the proposed R-40 district, and Table 11-2B-3 for the proposed C-C, M-E, and H-E zoning districts. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-8 for the proposed R-40 district and 11-2B-3 for the proposed C-C, M-E, and H-E zoning districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. E. Off-Street Parking: For non-residential uses, one off-street parking space is required for every 500 square feet of gross floor area; parking areas shall be designed in accordance with the standards listed in UDC 11-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residential uses, the required number ofoff-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). Meridian Crossing AZ-09-008 PAGE 7 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting approval to annex and zone a total of 115.26 acres consisting of 48.59 acres to the C-C zoning district; 27.27 acres to the H-E zoning district; 22.57 acres to the M-E zoning district; and 16.83 acres to the R-40 zoning district. Staff believes the requested C-C, H-E, and M-E districts are appropriate and consistent with the future land use map designations of MUC, HDE, and ME respectively for this area. A residential density of 13.9 dwelling units per acre is proposed in the requested R-40 district within the MHDR designated area. The applicant is requesting R-40 zoning to allow for flexibility in the height and size of building footprints of the proposed residential structures..Although the R-15 district is more consistent with the proposed density, because this area is located within the TMISAP and is anticipated to be surrounded by multi-story, high density/intensity uses, staff is supportive of the proposed R-40 zoning, provided that the overall density and development standards is consistent with the TMISAP for MHDR designated areas. Additionally, development within the C-C district should be consistent with the development standards for MUC designated areas as detailed in the TMISAP. There should be a mix of uses (i.e. office, retail, recreational, employment, and other uses, including residential uses) as defined in the TMISAP. Concept Plan: The applicant has submitted a concept site plan with the annexation request showing how the property is proposed to develop with flex office, condos and townhouses, ground level retail with residential above, ground level retail with office above, research and development, restaurants, offices, parking structures, an amphitheatre, and park areas with lakes, (see Exhibit A.2). The concept plan illustrates buildings brought up close to the street with building height and orientation in context with the intended use of the building and the location of the building in relation to other uses. With structures brought up to the sidewalk, a wider sidewalk is proposed to allow for street trees, street furniture, outdoor patio seating, and ample room for pedestrian activity. On-street parking is proposed throughout the site. Off-street parking is proposed in parking structures located behind buildings or incorporated within the building structure. Northwest Pipeline: A 3,400-foot long section of the Northwest Pipeline bisects this site and runs from the southeast corner to the northwest corner. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The concept plan depicts a 75-foot wide right-of--way/easement for use by the pipeline company. All development shall comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any development/improvements within the pipeline easement. Northwest Pipeline suggests that uses such as daycares, schools, hospitals, assisted living facilities, etc. where occupants are not able to leave the area quickly in case of an emergency, are discouraged within 440 feet of the actual location of the pipeline. The easement is proposed to be an open landscaped area with landscape material and methods approved by the pipeline company. Vehicular crossings over the pipeline are limited and are situated at a 90 degree angle. The City has been advised by Northwest Pipeline that development of this site with a higher intensity of use than the existing use will require significant improvements to the existing pipeline in this location. Typically, these improvements are completed by the pipeline company after development occurs and any improvements made within the easement are torn up. Meridian Crossing AZ-09-008 PAGE 8 Stub Streets: The concept plan depicts 7 stub streets at the boundaries of the site in various locations to provide future connectivity with adjacent properties. Stub streets are proposed at the west boundary in the northwest corner of the site and at the north boundary to connect to planned streets in Barraya Subdivision; at the west boundary further to the south; at the east boundary on the north end of the site; on the east end of the site at the north boundary; and at the east boundary in two locations for future connectivity with adjacent parcels. Multi-Use Pathway: Ten-foot wide segment(s) of the City's adopted multi-use regional pathway system will be constructed within the site in accordance with the Master Pathways Plan in the general locations noted in green on the plan included in Exhibit A.4; exact location of the pathways shall be determined by the Planning Department and Parks Department at the time of development. Said pathway shall be primarily located within the pipeline easement and provide connectivity to the planned pathway in Barraya Subdivision at the northwest corner of the site. Pathway stubs shall also be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. Parking: Fourteen parking structures are depicted on the concept plan to provide parking for future uses on the site, consistent with the TMISAP. Landscaping: Street buffer landscaping, internal parking lot landscaping, and landscape buffers to adjoining residential uses will be required with development of this site and shall be installed in accordance with the standards listed in the applicable sections of UDC 11-3B. Elevations: The applicant has submitted pictures showing conceptual building designs that will be typical within the proposed development (see Exhibit A.3). Building heights are proposed to be generally 4-6 stories with a few taller buildings located in the MUC area. Low rise retail and restaurant space will be provided within the central linear park, which will allow easy access for adjoining uses. Staff is supportive of the concept building designs. Future buildings shall be consistent with the City's Design Manual, the TMISAP, and the UDC. Certificate of Zoning Compliance (CZC): To ensure future development of the site is consistent with the DA provisions contained in Exhibit B of this report, the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan, and Design Manual, a CZC application is required to be submitted for review and approval by the Planning Department prior to issuance of building permits for any structure(s) within this site. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. In summary, Staff is supportive of the Applicant's proposal to annex this site with the proposed R-40, C-C, H-E, and M-E zoning designations with the recommended DA provisions listed in Exhibit B of this report. X. EXHIBITS A. Drawings 1. Zoning Map & Aerial Map 2. Concept Site Plan Meridian Crossing AZ-09-008 PAGE 9 3. Concept Pictures 4. General Location for Regional Pathway System B. Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian Crossing AZ-09-008 PAGE 10 ,~ ~. ,~,~ ~: ,~ ~~, ro 0 5. Exhibit B Page 2 A. Drawings 1. Zoning Map & Aerial Map 2. Concept Site Plan PARCEL R-1 -~ ;~ ~a~. n~ PARCCL O-1 -ms.. ~ ~. PARCEL O-2 =mxe..e _.... PARCEL O.3 w. PARCEL O-4 ~. =..~c. .~ PARCEL O-5 =~ __ PARCEL O.8 ".x:~ w PARCEL C+-7 __ PARCEL O-8 T~~~ _~ ~ =~err....r., .. PARCEL M-t .... N~ "''~. ~ PARCEL M-2 & M-3 ara ~ ..._.. ~n _~. ?~ PARCEL M-4 _,~ iarai....M... ' ~, 'mow PARCEL M-5 esa .._ ~ _~ 'alts - - Ti Y„-r• ~~. i i PARCEL M-8 ~-~~ ~. '~Ttm. x~ PARCEL M-7 _ ~_ PARK RESTAURANTA ~`~. ' PARK RESTAURANT B ~.ar3+o..-. PARK RESTAURANT C PARK RESTAURANT D ~_ '?ice 80UTIQUE RETAIL ~:._ ~€. Exhibit B Page 3 3. Concept Pictures Exhibit B Page 4 4. General Location for Regional Pathway System dG. 'PARCEL C+-1 PARCEL d•2 =.is._ .~ .s. PARCEL b•3 -weao. ~....,.. ~ . -. PARCEL O-d Win........ ...... PARCEL O-5 icx~.~.,,.. ~r "" =+ran.,.....,. .... PARCEL 0~6 PARCEL d-7 PaRC~L d-a ~~ ~f 'S$...~wer. PARCEL M•~1 ,~~.. '1fur~ +wat PARCEL M-2 8 M-3 '74~s. c~rr PARCEL M-a _ ,._. aa% r ~ "dies.. xsm ~~ PARCEL M-5 "'l6sw~,.,..... ... 'tea. e:R Exhibit C Page 2 EI~~IT B: AGENCY & DEPARTMENT COMMENTS On September 24, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Pazks Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal description and exhibit map for the azea contained in the proposed annexation submitted with the application (stamped on August 26, 2009, by Michael Mazks, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, 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. The Applicant shall contact the City Attorney's Office within one yeaz of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. des: An encroachment permit is required for any improvements proposed within the pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site. Est nUses such as daycazes, schools, hospitals, assisted living facilities, etc. where occupants aze not able to leave the azea quickly in case of an emergency, aze discouraged in the vicinity of the pipeline. b. Street buffer landscaping, internal parking lot landscaping, landscape buffers to adjoining residential uses, and mitigation for existing trees 4-inch caliper and lazger that aze removed from the site, will be required with development of this site and shall be installed in accordance with City of Meridian ordinances in effect at the time of development. c. Development of this site shall y be consistent with the concept site plan shown in Exhibit A.2 and the concept pictures shown in Exhibit A.3. Further, future development shall be consistent with the vision of the Ten Mile Specific Area Plan, the Design Manual, and City of Meridian ordinances in effect at the time of development. d. Development in the R-40 district shall be consistent with the overall density and development standazds contained in the Ten Mile Interchange Specific Area Plan for Medium High Density Residential (1VIFIDR) designated azeas. e. Development in the C-C district shall be consistent with the development standazds contained in the Ten Mile Interchange Specific Area Plan for Mixed Use Commercial (MUC) designated areas. Uses within the C-C district shall be comprised of a mix of uses (i.e. office, retail, recreational, employment, and other uses, including residential uses) as defined in the Ten Mile Interchange Specific Area Plan. f. A 10-foot wide segment(s) of the City's multi-use regional pathway system shall be constructed on the site in accordance with the Master Pathways Plan in the general locations noted on the plan included in Exhibit A.4; exact location of the pathways shall be determined by the Planning Department and Pazks Department at the time of development. Said pathway shall be primarily located within the pipeline easement and provide connectivity to the planned pathway in Barraya Subdivision at the northwest corner of the site. Pathway stubs Exhibit C Page 3 shall be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan, Design Manual, and provisions of the development agreement contained herein, prior to issuance of building permits for any structure(s) within this site. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development will be via extension of sewer trunk main located along the Purdam Drain. The applicant shall coordinate a sewer connection to the existing 36 inch trunk main manhole located in the North East corner of the property. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd forms of easements for any mains that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site will being via extension of mains in Ten Mile and West Franklin road. The applicant shall be responsible to install two water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant may be required to install a PRV at any location needed to control the risk of conflicting pressure zones. Coordinate size and location with Public Works. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant will be required to use the City of Meridians reuse water supply for the primary source of irrigation. 2.5 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via a plat. The description shall be graphically depicted and recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the azea of the easement (mazked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXIiIBTT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to the issuance of a building permit. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic Exhibit C Page 4 purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 With Development all street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining certificates of occupancy. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit C Page 5 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant mazkers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 %z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn azound on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have pazking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 The first digit of the Aparhnent/Office Suite shall correspond to the floor level. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound the perimeter of the building. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as Exhibit C Page 6 measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.16 There shall be a fire hydrant within 100' of all fire department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.19 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.20 COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of more than 62,000 squaze feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building azea of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.21 The applicant shall submit detailed plans of roundabouts for review and approval by the Fire Department. 3.22 The proposed project will require availability of a ladder truck within 2 I/ miles of the project to serve all buildings greater than 30 feet in height. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Ten-foot wide segments of the City's multi-use regional pathway system aze required to be constructed on this site in accordance with the Master Pathways Plan in the general locations noted on the plan included in Exhibit A.4; exact location(s) of pathways shall be determined by the Planning Department and Pazks Department at the time of development. The pathway should primarily be located within the pipeline easement and provide connectivity to the planned pathway in Barraya Subdivision at the northwest corner of the site. Pathway stubs shall be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments on this application at this time. Exhibit C Page 7 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval This application is for annexation and rezone only. Listed below are some of the site specific conditions that the District may identify when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 7.1.1 Submit a traffic impact study to the District with any subsequent development application. The applicant should coordinate with District staff for the scoping of the study. 7.1.2 Construct internal streets in accordance with the Ten Mile Interchange Specific Area Plan. 7.1.3 Extend Capitol Reef Drive into the site as a collector street from the site's northwest corner. 7.1.4 Extend Sunset Point Court into the site as a local street from the site's north property line. 7.1.5 Extend stub streets to the properties east and west of the site in accordance with District policy and the Ten Mile Interchange Specific Area Plan. 7.1.6 Construct two roundabouts at the major collector street intersections as outlined in the Ten Mile Interchange Specific Area Plan. The roundabouts should be directly connected via anorthwest-southeast running collector street. Design and build the roundabouts in accordance with the District's Roundabout Application Guidelines. 7.1.7 Comply with District access management and driveway policies in effect at the time that a subsequent development application is submitted. 7.1.8 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the site. 7.1.9 Other than access specifically approved with a subsequent development application, direct lot access to collector and arterial roadways is prohibited. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway orright-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. Exhibit C Page 8 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. IDAHO TRANSPORTATION DEPARTMENT 8.1 If residential uses are proposed adjacent to I-84, the developer is required to provide noise abatement along the south property in accord with the following standards: Exhibit C Page 9 Noise Abatement for Residential Dev®lopment A.. The applicant shall provide traffic noise abatement by constructing a berm or a berm and waU combination approximately parallel to the state highway and off the state righ# of way., B. Height: The top of the berm, or berm and wall in combination, shall be a minimum of ten feet higher than the elevation at the centerline of the state highway, C, WaII Materials: If a wall is proposed, the wall shall meet the following standards: 1. Wall materials shall be impervious concrete or stucco, unless otherwise approved by the Idaho Transportation Department as a sound attenuating material, 2, intermittent breaks in the berm or berm and wall in combination will degrade the function and should not be allowed, D Alternative noise abatement designs that meet Federal Highway Administration guidelines may be proposed by the developer. The appiican# should contact Greg Utley, Environmental Section Manager at 334-8300 if further information is desired Exhibit C Page 10 C. Annexation Legal Description & Exhibit Map -1- DESCRIPTION FOR MERIDIAN CROSSING ANNEXATION TOTAL PARCEL AUGUST 26, 2009 A PARCEL OF LAND BEING A PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 15, T.3 N , R.1 W , B.M ; THENCE N 89°14'54° W 1321.56 FEET TO THE NORTHEAST CORNER OF THE NW 114 OF THE SE 1/4, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°33'33" W, 1299.39 FEET ALONG THE EAST LINE OF THE WEST 1/2 OF THE SE 1/4 TO A POINT ON THE NORTHERLY R1GHT OF WAY OF I-84; ALONG THE NORTHERLY RIGHT OF WAY OF I-84 THE FOLLOWING: THENCE S 88°4T14" W, 312.06 FEET TO A POINT; THENCE N 88°48'36" W, 875 51 FEET' TO A POINT; THENCE N 84°05'16" W, 546.26 FEET TO A POINT; THENCE N 84°22'54" W, 13918 FEET TO A POINT; THENCE N 81°25'30" W, 569.26 FEET TO A POINT; THENCE N 85°10'39° W 150.33 FEET TO A POINT; THENCE N 81°21'48" W, 266 20 FEET TO A POINT ON THE WEST LINE OF THE WEST 1/2 OF THESE 1/4; LEAVING THE NORTHERLY RIGHT OF WAY OF I-84: • THENCE N 00°40'08" E, 1095.74 FEET TO THE SOUTHWEST CORNER OF THE SE 1/4 OF THE NW 1/4; THENCE N 00°39'49" E, 1328.77 FEET TO THE NORTHWEST CORNER OF THE SE 1/4 OF THE NW 1/4; THENCE S 89°15'14" E, 1321 52 FEET TO THE NORTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4; THENCE S 00°36'3T' W, 1328.91 FEET TO THE SOUTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 (CENTER 114 CORNER SECTION 15); THENCE S 89°14'54" E, 1321.56 FEET TO THE REAL POINT OF BEGINNING, CONTAWING 115.26 ACRES, MORE OR LESS. .June 26, 2009 Q:\22169\OS-Sxv\O1-Doc122169-TOTAL PARCEL.doc Exhibit C Page 11 THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHT$ OF WAY MICHAEL E. MARKS, PLS N0.4998 Nw I/4 s~ua qnr oasis - s eri~a• a ta~.s,~ ae~¢ImAw an tnets ~ N I~ ,~ ~ ~ p~RO 8 ~ ~~ ~`vN g Zal ~ s a ! CENTEK 1/4 CORNER ~, - - a - N e6Y4'Si' 19 132276'- ~1~' H t3~1,y~ Q' ~r 115.26 ACRES '~ w ~~ SI $ ~' ~ ~ SW i/4 z ~ I• I~ 7 ~~'~~~~re s'ie ~ tse. m N 64 .A, N ~~ ~^~.~ . ~' s 86'4Yta'n I-84 (PUBRIC) srpoa~ ~~~ I fRANKf1N ROAD (PUBLIC) 70 71 1 4 E Ij4 + I a/4 CORNER( a V ~~ 1 KN m~ ~ o E I/4 ~ ~e ~ ~ 4M ~ mg ~ ~ S to 9Y ~r o~c OYERLANO ROAD (PUBLIC) i ,:~ r, ~; ~ ~ f v3 u ~. N. ~' of r ~ ° '< a' U Uma ~j,~~ $a<~ ' ~ g$ Tii U ~ rzi s ~@ ~ d ~a J R Exhibit C Page 12 DESCRIP7ZOAQ FUR 1V1!1iRIDL4N CROSS>PTO~ A1~TIVERATION C~ ZONE PARCEL AUC#U5T 26, ZOQ9 A PARCEL OF LAl~ BBINti A pORTTON OF SECTION 15, TOWNS 3 NORTH, F-A~N($IS I WEST, BO1SE R~RQiIAAT, AI}A f~7UNIY, IDAHO, HEIN4 MORE PARIICULARLY DESGIt,18ED AS FOLLOWS: COMMENCDft~ A,T II4E EAST 114 CORNER OF SECItON 1S, I.3 N , R.1 W., B.M. ~., tHEA'1CE N 89°14'54'° ~' 1321.56 F>~EI IO THE NORTHEAST CORNER OF THE NW if4 AP THE SE 1f4, IHE REAL POIN7" big H1~GII1iNII~IG OF TI$5i T)1;SCRIPIION; THENCE S 00°33'33" W, 419 SO F1:F.I ALONG IHE EAST l~E C)F THE NW U4 OF THE SE lf4 IA A POINT; T>3~iCE S $8°20'35° W, 422,36 FEEI TO A POT1V'I'; THENCE S ~°13'49"'N, i5R1.21 FEET ICS A FOTI'1T; IHEATCE 96.48 FE1~t ALONG A YANGENT CURVE YO THE RIGHT, SAID CC91tVE HAVING A RADIfJS OF 125.Ot) FEEI, A DELTA ANf3L8 O}z 44°1375", A IANGEPTI I.>s!V'GTH OF 30 79 FEET AND A CHORD WHICH BEAR$ S 2$°20}'32° W FOR A DISTANCE OF 94_101rEEI TO A POINT OF TAiJ(TF,1~iCY; TITENCE S SO°2T15" W, 698 94 FF~I IO A PO1~TT; IHENCE N 39°32'45" W, B80.I2 FEET TO A POADT; THENCE S 5~27'1S" W, 436.69 FEET IO A FOINI; IHI~TCE N 39°32'45" W, 91$.70 FF,E,1 TO A POINT; ~II~NCE 54.99 FEET ALONt3 A, °TAIvi~NT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 150.00 FEET, A DELTA AT6GLE OF 24°492", A. 't~N(J~iT ICI®IH OF 33 01 FEET' AI~]I) A CHORD WHICEI BEARS N 27°0$'a4" W FOR A DI9IANCE OF 64.4$ FEEL IO A POINT OF IAN~t1ENCY; TH~iGE N 14°4323" W, 40_ds9 FEEI IO A POIFII; ZF>13AiC.E N ]4°35'2T' E, 116 3 ] FEEI TO A P4I.~TI; June 26, aA09 Q:tY,Z1G9105-3tv1A1-Dec1z'1169 ZONE C~C doc Exhibit D rllvc131 a~. ~s FEer AIANtI A iArrr~rlr CURVE I O '~ ~F I, SAID CURVE HAVING A ~-ADIZIS OF 500.00 FEET, A DELIA ANGLE OF Zl°3$'41", A FAN~1-1T LENGTH OF 95.58 F1s~I AA1L) A CHORD WIIICH SEARS N 63°46'OT' E -~ FOR A DISTANCE OF 16715 FEEI Ip A P'OINI' OF TANGF.~TCY; THENCI? N 52°36'47°' E, 119158 FEET TO A POINT ON THE FAST OF IHH SE 1f4OF IHBN~ 1f4; THENCE S x0°36'37" 9V, 915,17 FEET TO IITE S9L-IFIEASI CORNER OF THE 3I3 lf4 OF TkIE N~V L'4 [CENTER lf4 CORNfiR SP~i1OAI IS); iITEI+FCE S 69°14'54" $,1321.56 FIaEI' TO THE REAL ~IITI'P OP BEGINNING, CONTAINII~It~ 46.59 ACRES, I+iORB OR LESS. MICHAEL E MARICS, FLS i~1O.4995 ~~n a~ ~v 5~~2 ~w 1t~ 26, 2fl09 Q:122169t45-S~01-1)oc622159 ZANE C-C.dac Exhibit D 1y~ealy FoR IYLEItIDIAN GRASSING A~.TTAN 1~ E 2Cl1VI~ ZrAR+C'l~I.~ Avuusr 2b, 200 A PARCEL OP LAND BEING A POItTTgN C1F SSCIION 15, I OWN3I~P 3 N4R7'1~, RANGE 1 WESI, I30~fiB ;MERIIIIAN, ADA COUNTY, ~AFIO, BEING MORE PARTICULARLY DL3CRIBl?D AS FOLLOWS: (~AMMENCII~G AI IHE EAST ld4 CORNER OF SECTION 15, I.3 N, R.1 W,, 2T.M., B.M.. THIrA1CE N 59°14'54" W 1321.56 FEET TO THE NORTHEAST CORNir.R OF THE NW ld4 OF IHfi SE 114: TFIENCE S 40°33'33" W, 419 50 FEEI ALONG THE EAST I, OF IHB WESI ld2 OF THE 5`13114 TO THE REAL PATATT QF 13ItiGG OF THIS DESC1tI@'TION; THF.1~dCB S 08°'33'33" W, 579.89 FEEI T®A PU1~9T' QN IHS NORTEIERI.Y ItIGITI° OF VJAY OF I-64p ALONG IHH NORTHL~LY RIQHI OF WAY OF I-84 IH#1 FOLL4WIl11G: TI~NCfl S 88°4'T14" W, 312 0~6 FEEI TO A POINI; THENCE N 86®48'36" t{-, 675.51 SET IO A P'O~IT; IHI~TCfi N 84°05'16'° W, 94626 FEEI I~ A POINT; 1TC13 N 84°23"54" W, 13918 FT~I TO A POINT; IHIIdCE N 81 ~5~0' W, 5692G FEEI IO A P®]14t; THENCE N 85°10'99" ~7V', 21.58 FEEI IO A POINI; LEAPING THE NORTHERLY RI9HT OF WAY OF I 54: TI~NCE N 09°2'T34°' Ey 56.35 FEET TO A P01NT OF CURVATURE; TI3ENCE I07,3Z FEET ALONG A TAN4I;1<lI CURVE IO THE RiGHI, SAS CURVE HAVIAdG A RAQIUS QF 150,00 FEET, A DI±I.I.A ANGLfi. OF 40°59'41", A TANC3EIdI LENOTT3 OF 5G.07 FfiEI AND A CHORD ~HCH BEARS N 29°sD24" E FOIL A DISIANCE OF fl05.051<~ T' IO A POINI OF TANGENCY; "10IENCI~ N 58°Z?'l3" l'a, ?93.76 FEET TO A POB~1I; e Dine 26, 2009 Q:122169d85-Snl401-Doc'4?Z169 TAME Ii E.doc Exhibit D THEAFGE S 39°32'~t5" E, 880.1.2 PETiT Tb A P@INI; THENCE N 50°27'15° E, 698.44 F11ET I@ A POINT OF CLIRVAT; IHEI+TC1; 96.4$ FEl$I AI~ONt3 A TAN{3II+1I CURVE Tf? THE I,1~F T, SAID GLtRVE IiAVINO A RADIUS OF 125.00 FEET, A bffi.'tA ANLiI.I; OF 4413'25", A TAA7~tT LENftIH @F 50,79 FZ~SI AND A GHORD Wi~CH EEd4~RS N 28°20'32° E FpR A DISTANCE OF 94.10 FFO~T I'tl A P@INT @F IANCIII~TCY; TI3ENCE N Qb°13'49" E, 150.21 FEES T®A P@IfJI; THEAfGB N 88°20'35° E, 422.36 Fii1;T Tb I'IIE REAL PO11V°F OF T31s(;~II1~TG, GON'I'AII~IINfI 27.27 ACRES, MORE OR LP,S9. MICHti,EI, & A+1~1RSS. PLS N@.4948 R 8Y ~P d 2 ~tIY~bRK5 DE~f+~ r,~ 26, zoo4 (~.'~21G9405~Std~fll-Doc'122169 2s I~-E d©c Exhibit D DESCRIP'i°IOIY FOR 1VIERIDL4N CRtlfSSING AlYIYI~CATIUIti M E ZONE PARCEL AuGUSI ac, zoo9 A PARCEL OF LAND BEING A F@R'II@N OF fiECIION IS, TO~SF~ 3 NORTH, RANGE 1 WEST, B@ISE A9.EERIDIAN, ADA CGUI~IIY, IDAHO, BEING dVl@RE PARTICULARLY DESCRIBED AS FOLLOWS: CONIlk~1CING AT THE F~1fiI 114 CORNER OF SECTION fly, I,3 Iii,, R1 ~Ad., B ~, B M, TH>r1VC>~i N 89°14'54" W 2643.12 FEET IO IHL3 SOUTHEAST CORNER OF THI; fiE 1J4 OF THE NW 114 (C)~TIffit 1J4 CORNER 3ECIIAiV 15); THENCE N 89°14'51" W, 1322.76 FEE!' T@ SOiJII~V~T CORNER OF TIIE 3I°s 1J4 OF IITE NW I/A, 7HEREAL POEV1' UF>3FGINiVIATG OF IRIS DESCRiFIION; THENCE N00°39'49'°E, 127639 FAT ALONG THE W~9T LI1~E 8F THE fiE 1J4 OF THE Nw 1J4 TO A P@IrTr; THENCE fi 39°32'45" E, 1097.69 FEEI TO A POINT; THENCE S 52°547° W, 421.85 FEET IO A POINT OF CUR'V'ATURE; IHfiNCE 188.88 FEET AL6NCf A IA1~fGENI CURVE TO 'II-~ RIGHT, SAID CURVE HAVIIIG A RADNg OF 500.00 FEEI, A DELTA ANGLE OF 21°38"4I", A xANC3ENT LENGTH @P 95..58 FBEI AND A CH(IRD WEIYCFI BEARS fi 63°46°07" ~/ FOR A DLaIANCE OF 187.76 FEEI 'tb A IsC}INI OF TANGENCY; THEAICE S 74°35'29" W, 116 31 FEEI TO A POINT; I~iCB S 14°433" E, 40.64 FEET 7C1 A FOINI OF CURVAIURF; IHEIJCE 64.99 FIIEI AIAFIG A IAAJGENI CURVE IO THE J..EF T, SAID CURVE I~`AVINC} A RADIUS OF 150.00 FEFsI, A DEI,IA ANGLE OF 24°49'22", A TANGENT I.ENGIII OF 33 ,Q 1 FEET AND A CIIORD WHICH BEARS fi 27°68'Q4" $ FOR A DISIANCE OF 64.48 FEEI TO A POINT OF TANGENCY; IlifiNCE S 39°32'45" E, 918.90 FEEI TO A POINY; IHEN4'E S 56°27"15° 1V, 359 (~ FEEI TD A $@1NI OF CURVATURE.; IHF,NCB 107.32 FEET ALONQ A TANGENT CU1t,V'Is ?U THFs LEFT, SAIb CURVR HAVII+3C ~# RADIUS OF' 15060 F>FsI, A DELTA ANGL& QF 40°59'41 ", A Ise 26, ?,tlfl9 Q:4169105-Sav101-Doe~169 ZOi+iE M-F~deac Exhibit D IAIJGE1dI LEl11GTH c?i: 5.07 FI:$i AND A CHORD WHICH BEARS S 29°577A" W FQR. A DISIANCE OF 1®5.05 FEET TO A. POII~dI QF TANQI~iCY; I'JE~NCIE S 09°27°34" ~V', 86.35 FEET I(} A PC?Il~!` OAI N4}~'CIEIERLY RI(>6HI OF WAY OF I-8~; THENCE AT 85®i0.3Y' W, 128,83 Y+EEI ALOI~~G IHE I~ORIkIIiRLY ItIGFIT OP WAY OP I-84 IO A POI6~'I; THI~NCE N 81 ~ 1 °48W W, 26.20 PEIa T AA,4NQ TktB IdORIHERLY RIUITI OF WAY OF I.84 T(},Pi P®INT aN lIIE'61V~I LIlVE OF THE Iti4E 1~4 OF THE 811661 Z14; iHEi~TC)b N 0®°~0$" )E;, 1095.74 FBI AEONG TILE WEBI I.1NE dI' IIIE NE 104 OF IHE 3W i!4 IO THE IHrA,I, ROINT OR iYEGId'~TATIl~iG, CONIAINING 227 ACRES, MORE OR I,ESB I~IICHAFI • E. iuIARK$, PLS N0.499t Berns 3v ~~2~ ~W DEC J11~ 26, 2007 t~_'~ai,as-s~ol-~~ct~zl6~ zOrr~ >~-E.a~ Exhibit D nFCC.RTF`I'ION FOR MER~L~i1V CTtOSSIING AIYNEXA-TIOAT R~Q ZONT; PAR~L AUGTJST 26, 20©9 A PARCEL OF LAND BEING A POItI'ION OF SECIIOAi 15, TO'tYNSE~P 3 NORTH, Ra~raE 1 Sx, a~ISE tvlER~IA~l, AnA Ca~rrrY, mMAHa,1~G MORE PARTICULARLY I3ESCIt7>iED AS FOLLOWS: gqC~(?h~TMENC~NG AI THE EAST 114 CORNER Ok S'1rCYION 15, I 3 N, R.1 al., H M., J~~irl., TIIENCE N 89°14' S4" W 2643.12 FEET TO THE SOUIIT CORD OF' 7IIE SE 114 C?F THE NW 1l4, (CENIFR 1!4 CORNFdt SECIIOM 15); THENCE N ' 39" E 915. i? ' ALONC3 IHE EASI LINE OF IHE SE l/d OF TI3I~ NW y TO TIC REAL POI1~Yl° OF BEGII~TIYING OF' TICS bESCR1PTxON; T~AiCE S 52°`56"4?"' W, 799,7'4 FEET TO e~ POINT; TIIl~1CE N 39"32'45'" '9V,1099.09 FEET TO A POINT ON TYIE WEST L[i~b OF II1E S131d4 OF THE NW 1l4; THENCE N 00°39'49" E, 5238 FEET TO TITF:1dORT[YIVEST CORNER OF THE SE 114 OF TNB N~V' 1l4; T1~NC1y S S4s15'14" ~, 1321.52 FEIaT IO THE I~TORTHEASI CORNER OF II1E $I? I!4 OF THE NW 1l4; TH~TC1r S 110°36'3 T W. 413.74 FEfiI ALONG IHE EAST LINE OF THE SE ld4 OF THE NW 114 IO IHE RF.,AI. POINT' QF >3EOEV'NIIVG CONFAQVII~T[3 16,83 ACRES, MORE OR I~SS. MICHAEL E 14iA~.1CS, P1.S r 's Jtffie 26, 20bg Q:122169109-SIVo01-l]0~122189 ZONE R-44 d~G Exhibit D ~d2 ~$~ NW 1/4 00- SW i/4 ~ r~wisul alr i~ ~ ~ 8 ~'18'i4 E 1.5,3; fdFlimlAM (71Y 11afP9 FRANItLN ROAD (AUBLIC} 1 . 14 R-1p ~ 0•tY~ ~ t483 M7ff8 ? 0• NE i/4 ~~ ~~~ s ~8 ~ s •~ I ~ ~2Y : w ' s-. w~ ~'• CENTQi i/4 CORNER g es'1s a 1ao/ v~ 1/4 CORRRE~R- F, n ~T~~ ri ' 13,7®• ` ~°-~ ~~ ~ae7~i-. ~ _ 1]2!66 _ 15 14 ~) ~0 CIE `~`'k ~ aeem ~eliE~ s 6a-u• ' la ~ ~p o0' ~ ~ ~ .v. ~ ~ am ° + °~ ~ ~ SE 1/4 aC~ , ~ a ~,,. ~ ~ mg ~ ~ ~ ~~ w~ w~` n y".a ~ ~ I ~ lr 'x't1 3 6'a u'w ~-84 (r't18uC) ~ cuuv¢ 7AB16 ~ 0 a ~ ~ o-, +~nawt+~x ~ 0-2 a • •~• wro~eacar. ~. ~ 4 i ~ ~~~ 8•~~ oe.a i0 OVERLAND ROAD (PU9LfC) 15 14 aZizs ~ ~ >- ~~ ~~~ ~~ (.h re ~ ~~~ ~ ~ ~ Ups ~ ~ ~~r ~ ~ ~~~ s ~ ~ ~~a ~ m Exhibit D D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex and zone the subject property from RUT in Ada County to C-C (48.59 acres), H-E (27.27 acres), M-E (22.57 acres), and R-40 (16.83 acres). The Commission finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to C-C, H-E, M-E, and R-40 will provide needed services and housing in this area of the city, consistent with the purpose statement for the applicable districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. d. 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Commission fords that annexation of this property and subsequent zoning of the site to C-C, H-E, M-E, and R-40 is consistent with the future land uses designated for this area in the Ten Mile Interchange Specific Area Plan and will provided needed services and housing in this area of the City. Therefore, the Commission finds that the annexation and zoning of this property is in the best interest of the City. Exhibit D