Ten Mile Center AZ 14-001ADA COUNTY RECORDER Christopher D. Rich 2014-065514
BOISE IDAHO Pgs=53 BONNIE 0811312014 01:35 PM
MERIDIAN CITY_ -_ - NO FEE
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00010987201400655140530530
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Treasure Valley Investments, LLC
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this II_ day of 2014, by and between City of Meridian,
a municipal corporation of the State of Idaho, hereinafter called CITY, and Treasure Valley
Investments, LLC, an Idaho limited liability company, hereinafter called
OWNER/DEVELOPER.
RECITALS:
WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as
the "Property"; and
WHEREAS, Section 67-6511A, Idaho Code, provides that cities may, by ordinance,
require or permit as a condition of re -zoning that the Owner/Developer make a written
commitment concerning the use or development of the subject Property; and
WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 1I-
513-3, which authorizes development agreements upon the annexation and/or re -zoning of land;
and
WHEREAS, Owner/Developer has submitted an application for annexation of the
Property described in Exhibit A, and has requested a designation of C -G (General Retail and
Service Commercial District), TN -C (Traditional Neighborhood Center District), TN -R
(Traditional Neighborhood Residential District), and R-8 (Medium Density Residential District)
under the Municipal Code of the City of Meridian; and
WHEREAS, Owner/Developer made representations at the public hearings both before
the Meridian Planning & Zoning Commission and before the Meridian City Council as to how
the subject Property will be developed and what improvements will be made; and
WHEREAS, record of the proceedings for the requested annexation and zoning
designation of the subject Property held before the Planning & Zoning Commission, and
subsequently before the City Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and received further testimony and
comment; and
DEVELOPMENT AGREEMENT — TEN MILE CENTER AZ 14-001 - 1
WHEREAS, City Council, the 17th day of June, 2014, has approved the Findings of Fact
and Conclusions of Law as set forth in Exhibit B, which document is attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to as the "Findings"; and
WHEREAS, the Findings require Owner/Developer to enter into a development
agreement before the City Council takes final action on annexation and zoning designation; and
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 requests; and
WHEREAS, City requires the Owner/Developer to enter into a development agreement
for the purpose of ensuring that the Property is developed and the subsequent use of the Property
is in accordance with the terms and conditions of this development 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 the zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian and the Zoning and Development Ordinances
codified in Meridian Unified Development Code ("UDC"), Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
2. 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:
2.1. 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.
2.2. OWNER/DEVELOPER: means and refers to Treasure Valley
Investments, LLC, whose address is 3535 E. 361h Street, Mountain Home, Idaho 83647, the
party that owns and is developing said Property, or its successors or assigns.
2.3. PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit A, designating the parcels to be
annexed and zoned C -G (General Retail and Service Commercial District), TN -C (Traditional
Neighborhood Center District), TN -R (Traditional Neighborhood Residential District), and R-8
(Medium Density Residential District).
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 2
3. USES PERMITTED BY THIS AGREEMENT:
3.1. The uses allowed pursuant to this Agreement are only those uses allowed
for the applicable zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-213-2
and § 11-213-2.
3.2. No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement. Except as otherwise prohibited in this Agreement, any
uses added to the applicable zone by any future amendment of the UDC shall be allowed on the
Property.
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
4.1.1 The Property shall be subdivided prior to submittal of the first
Certificate of Zoning Compliance application.
4.1.2 The Property shall be developed in a manner that provides a
transition in uses to adjacent residential properties.
4.1.3 A multi -use pathway shall be provided on the Property consistent
with the Master Pathways Plan.
4.1.4 A pedestrian connection shall be made to the adjacent school site.
4.1.5 The portion of the Property to be zoned C -G should develop with a
mix of uses such as retail, professional services, offices, entertainment uses, civic
services, housing and outdoor spaces in the common area of the project as
anticipated for the LifeStyle Center designation in the Ten Mile Interchange
Specific Area Plan (TMISAP) and shall be developed in a manner that incorporates
design concepts from the TMISAP such as, but not limited to, the following:
• low-rise buildings of 2-4 stories over much of the area, or other
massing that meets the bulk and scale design concepts set forth in
the TMISAP;
• buildings built to the edge of public rights of way or circulation
roads except where additional sidewalk space is needed for cafe
seating or for breaks in frontage for pocket parks;
• large expanses of parking between the street and the front of
buildings are not desireable and should be minimized where
practical;
• smaller, pad buildings should face the street with an entrance
oriented toward the street;
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 3
• buildings designed to "hold corners" rather than parking lots;
• restaurants encouraged to have outdoor dining;
• shops and stores encouraged to open their doors and street view
windows and use clear glass that allows easy visual access
inwards and outwards (mirrored or reflective glass is not
permitted; low -emissivity glass is allowed);
• integration of plaza, pocket parks, pedestrian arcades and other
common areas in site design; and building location and design
oriented toward and/or connected to common areas and/or public
space.
Specific design features may vary from those outlined in the TMISAP (e.g., floor
area ratios, unbroken frontage percentages, etc.) as necessary to accommodate
operational requirements of certain end users, while still allowing a functional
relationship among parking, circulation, loading and public right-of-way.
4.1.6 The portion of the Property to be zoned TN -C and TN -R shall be
developed in a manner that incorporates traditional neighborhood design concepts
from the TMISAP such as, but not limited to, the following:
• higher density buildings close to the street;
• narrower streets to slow traffic;
• parking lots behind or under building;
• residences with porches or balconies facing the street; and
• garages in accord with the design elements listed in the TMISAP
(pg. 3-33).
Specific design features may vary from those outlined in the TMISAP as necessary
to accommodate operational requirements of certain end users, while still creating a
pedestrian -oriented focus.
4.1.7 Only residential uses shall be developed within the R-8 zone. In
addition to other allowed uses, a minimum of 75 residential units shall be developed
within the TN -R zone, and a minimum of 300 residential units shall be developed
within the C -G and/or TN -C zones combined.
4.1.8 Business signs shall be compatible in color, materials, sizes, shapes
and lighting with the architecture of the buildings and the business they identify and
shall not be incompatible with surrounding buildings or development. All signs
shall comply with the standards listed in the TMISAP (pg. 3-46)
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 4
4.1.9 Public art shall be incorporated into the development at the the
entry of the site to create a sense of arrival and as appropriate throughout the site, in
accord with the TMISAP. Public art should be integrated into either the
architectural design or the design of plazas, common areas and public spaces and
should be easily visible to the public in accord with the TMISAP (pg. 3-47).
4.1.10 The future street layout for the site shall substantially comply with
the conceptual street layout shown in Exhibit A.2. Future construction of these
streets shall be consistent with the applicable street section as shown on the Street
Section Map contained in the TMISAP (pgs. 3-20 and 3-21) with the exception of
the east/west collector street (Ten Mile Creek Drive) from Ten Mile Road at the
northwest corner of the site which shall be constructed as a major collector street in
accord with Street Section C.
4.1.11 Future development of the site shall be generally consistent with
the design elements contained in the TMISAP (Chapter 3), the design standards in
UDC 11-3A-19, and the guidelines in the Meridian Design Manual.
4.1.12 The Kennedy Lateral and all other waterways on the site shall be
piped or otherwise covered in accord with UDC 11-3A-6, unless waived by City
Council.
4.1.13 The agricultural use of the property may continue until such time
as the property develops.. The Right -to Farm Act, Idaho Code Section 22-4503 is
applicable to the subject property.
4.1.14 Based on the 2010 Meridian Sewer Master Plan, the subject
property lies within two sewer boundaries. The Kennedy Lateral is the sewer shed
boundary. Sanitary sewer services to this development are being proposed via
extensions of mains located near the Purdam Drain within the southwest portion of
the subject property and main extensions from Franklin Road. Owner/Developer
shall install mains to and through the development, coordinate main size and
routing with the Public Works Department, and execute standard forms of
easements for any mains that are 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 then alternative materials shall be used in conformance with City of Meridian
Public Works Department standard specifications.
4.1.15 Water service to the subject property will be via extension of
mains in Ten Mile Road along the alignment of the future east -west collector.
Owner/Developer shall be responsible to install water mains to and through the
property at the time of development and to coordinate main sizes and routing with
City of Meridian Public Works Department.
4.1.16 The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water (MCC 12-13-8.3). The City of
Meridian owns and operates a reclaimed water system along the South Ten Mile
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 5
and West Franklin Road frontages of this parcel. Owner/Developer shall coordinate
with the Public Works Department on the possible connection to this system for the
provision of landscape irrigation water.
5. COMPLIANCE PERIOD. This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
6. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
6.1. Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under this Agreement.
6.2. Notice and Cure Period. hi the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City
to initiate commencement of action to correct the breach and cure the default, which action must
be prosecuted with diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be cured within such one
hundred eighty (180) day period, then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the same with diligence and
continuity.
6.3. Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 4.2, Owner/Developer shall be deemed to have consented to
modification of this Agreement and de -annexation and reversal of the zoning designations
described herein, solely against the offending portion of Property and upon City's compliance
with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code
§§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada
County by either City or Owner/Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
6.4. 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, market conditions, or similar causes, the time for
such performance shall be extended by the amount of time of such delay.
6.5. 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.
7. 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
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 6
and written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Agreement and all other ordinances of the City that apply to said
Property.
8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum
of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer `s cost,
and submit proof of such recording to Owner/Developer, prior to the third reading of the
Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
9. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
10. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
UDC § 11-5-C, to insure that installation of the improvements, which the Owner/Developer
agrees to provide, if required by the City.
11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been either installed, completed, and accepted
by the City or guaranteed in accordance with UDC § 11-5C.
12. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
13. 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: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
TREASURE VALLEY INVESTMENTS, LLC: Mirazim Shakoori
Treasure Valley Investments, LLC
3535 E. 36th Street
Mountain Home, Idaho 83647
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 7
With copy to: Deborah E. Nelson
Givens Pursley LLP
601 W. Bannock
Boise, Idaho 83702
13.1. 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.
14. 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.
15. 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.
16. 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 of the Property, so long as
Owner/Developer owns 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, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
17. 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.
18. 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 of this Agreement, the parties hereby agree to cooperate
in defending such action or proceeding.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 8
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.
20.1. No condition governing the uses and/or conditions governing re -zoning of
the subject Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution by the Mayor and City
Clerk.
[Signature Page Follows]
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
CITY OF MERIDIAN
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.p laity of
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he T,<ta6°`REASURE VALLEY INVESTMENTS,
LLC, an Idaho limited liability company
By
its:
im Shakoori
Manager
DEVELOPMENT AGREEMENT - TEN MILE CENTER AZ 14-001 - 10
STATE OF IDAHO )
ss.
County of Ada )
On this tc� day of P,, Q uJ , 2014, before. me, a Notary Public in and for said
State, personally appeared Tammy de Weerd and T . r . , Vhown or identified to me
to the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on
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 first .b"i't %n..
G.IlLyk
�'��' IDAI� •��
STATE OF IDAHO )
ss.
County of Ada )
1"Ltp.-t- ),-,I 1/�'A .-
Notary PublicArthS e of Idaho
Residing at ��( E -o-P
My Commission expires: iT_� 9!
On this � day of L , 2014, before me, a Notary Public in and for said
State, personally appeared Mirazim Shakoori, known or identified to me to the Manager of
Treasure Valley Investments, LLC, the limited liability company that executed the instrument or
the person who executed the instrument on behalf of such limited liability company and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
=NANCYH.Notary Public,Residing at
My Commission
DEVELOPMENT AGREEMENT — TEN MILE CENTER AZ 14-001 - 11
State of Idaho
ION111*-)0l:1
Legal Description and Exhibit Map for Proposed Annexation lRF.VISF.DI
January 3, 2014
DESCRIPTION FOR PROPOSED MERIDIAN ANNEXATION
TREASURE VALLEY CENTER 10 SIZE
A parcel of land located in the NW /, of Section 14, T. 3 N., R 1 W„ B.M„ Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West''/, corner of said Section 14, from which the Center % comer of said
section bears South 89011'30" East, 2656.46 feet;
Thence along the west boundary of the NW '/< of said Section 14 North 0003417" East,
1336.30 feet to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 99059'13" East, 24.80 feet;
Thence North 66150159" East, 203.10 feet to a point of curvature;
Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of
199.99 feet, a delta angle of 26028'40", and a long chord bearing North 80°05'41" East, 91.60
feet to a point of tangency;
Thence South 86°39'37" East, 156.20 feet to a point of curvature;
Thence 107.70 feet along the acro of a curve to the left, said cutve having a radius of
199.99 feet, a delta angle of 3015 P] 6", and a long chord bearing North 77054'23" East, 106.40
feet to a point of tangency;
'thence North 62°28'23" East, 91.30 feet to a point of curvature;
Thence 68.91 feet along the arc of a curve to the tight, said curve having a radius of
69.99 feet, a delta angle of 56'10'12", and along chord bearing South 89026'01" East, 65.90
feet to a point of tangency;
Thence South 61020'19" East, 85,70 feet;
Thence South 53°10'31" East, 198.60 feet;
Thence South 50'57'55" East, 17.82 feet to a point on the north boundary of the S % of
the NW '/. of said Section 14;
Thence leaving said centerline, and along said north boundary South 89'10'21" East, 1700.41
feet to the NE comer of said S %a of the NW %;
Thence leaving said north boundary and along the north boundary of the SW '/ of the NE '/a of
said Section 14 Soutli 89°12'11"East, 1329.35 feet;
Thence leaving said north boundary South 00'34'59" West, 1038.04 feet;
Thence North 89°11'30" West, 450.00 feet;
Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW '/o of the
NE % of said Section 14;
Thence along said south boundary North 89911'30" West, 879,81 feet to the SE corner of the
NW % (Center % corner) of said Section 14;
Ten Mile Center AZ -14-001
EXHIBIT A
Thence along the south boundary of said NW I/4 North 89111'30" West, 2656.46 feet to the
POINT OF BEGINNING. Containing 120.69 acres, more or Iess,
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
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65.70'
C1 5 5310'31' E
S 66'39'37' E 198.60'
E 156]0'
S 50'57'%' E
POINT OF BEG6INING
Ten Mile Center AZ -14-001
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EXHIBIT A
November 5, 2013
DESCRIPTION TOIL PROPOSED C -G ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the NW % of Section 14, T. 3 N., R 1 W., E.M., Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West''/. corner of said Section 14, from which khe Center''/. comer of said
section bears South 89°I P30" East, 2656.46 feet;
Thence along the west boundary of the NW % of said Section 14 North 00134'17" East,
1336.30 feel to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 89°59'13" East, 24,80 feet;
Thence North 66150'59" East, 203.10 feet to a point of curvature;
Thence 92.42 feet along the arc of a curve to the tight, said curve having a radius of
199.99 feet, a delta angle of 26028'40", and a long chord bearing North 80°05'41" East, 91.60
feet to a point of tangency;
Thence South 86°39'37" East, 156.20 feet to a point of curvature;
Thence 107,70 feet along the arc of a curve to the left, said curve having a radius of
199.99 feet, a delta angle of 30051'16", and a long chord beating North 77054'23" East, 106.40
feel to a point of tangency;
Thence North 62128'23" East, 91.30 feet to a point of curvature;
Thence 68.91 feet along the are of a curve to the right, said curve having a radius of
69.99 feet, a delta angle of 56°10' 12, and a long chord bearing South 89126101" East, 65.90
feet to a point of tangency;
Thence South 61020'19" East, S5,70 feet;
Thence South 53010'31" East, 198.60 feet;
Thence South 50057'55" East, 17.82 feet to a point on the north boundary of the S A of
the NW '/< of said Section 14;
Thence leaving said centerline, and along said north boundary South 89010'21" East, 1609A4
feet;
Thence leaving said north boundary South 00049'39" West, 45.00 feet to a point of curvature;
Thence 144.04 feet along the are of a curve to the left, said curve having a radius of 300.00
feet, a delta angle of 27°30'31 ", and a long chord bearing South 12°55'37" East, 142.66 feet to a point
of reverse curvature;
Thence 239.89 feet along the are of a curve to the tight, said curve having a radius of 500.00
feet, a delta angle of 27129'22", and a long chord bearing South 12956'11" Past, 237.60 feet to a point
of tangency;
Thence South 00048'30" West, 207.08 feet to a point of curvature;
Ten Mile Center AZ -14.001
EXHIBIT A
Thence 361.37 feet along the arc of a curve to the right, said curve having a radius of 500.00
feet, a delta angle of 41°24'34", and a long chord bearing South 2l °30'47" West, 353.55 feet to a point
of compound curvature;
Thence 57.88 feet along the arc of a curve to the tight, said curve having a radius of 300.00
feet, a delta angle of 1 t°03' 13", and a long chord beating South 47°44'41" West, 57.79 feet;
Thence leaving said curve South 36°43'42" East, 53,27 feet to apoint of curvature;
Thence 131.03 feet along the are of a curve to the right, said curve having a radius of 200.00
feet, a delta angle of 37°32' 12", and a long chord hearing South 17057'36" East, 128.70 feet to a point
of tangency;
Thence South 00°48'30" West, 172.47 feet to a point on the south boundary of the NW % of
said Section 14;
Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF
BEGINNING. Containing 81.35 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
Ten Mile Center A7-14-001
EXHIBIT A
June 6, 2014
DESCRIPTION FOR PROPOSED R-8 ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SW % of the NE '/ and the SEX of the NW ''A (if Section 14, T.
3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows:
BEGINNING at the Center A corner of said Section 14, from which the West ''/4 corner of said
section bears North 89011'30" West, 2656.46 feet;
Thence along the south boundary of the SE '14 ol'the NW % of said Section 14 North 8901 1'30"
West, 98.74 feet;
Thence leaving said south boundary North 00'48'30" East, 172.47 feet to a point of curvature;
Thence 131.03 feel along the aro of a curve to the lett, said curve having it radius of 200.00
feet, a delta angle of 37°32' 12", and a long chord bearing North 17°57'36" West, 128.70 feet to a point
of tangency;
Thence North 36°43'42" West, 53.27 feet;
Thence South 8901 1'30" East, 946.13 feet;
Thence North 00034'59" East, 991.76 feet to a point nn the north boundary of the SW '/ ofthe
NE Y of said Section 14;
Thence along said north boundary South 89'12'11" East, 555.00 feel to the NE comer of said
SW%of the NE 114;
Thence along the east boundary of said SW '/ of the NE. I/ South 00034'59" West, 1038.04
feet;
Thence leaving said east boundary North 89011'30" West, 450.00 feet;
Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW'14 of the
NF. '/4 ofsaidSection 14;
Thence along said south boundary North 89911'30" West, 879.81 feet to the POINT OF
BEGINNING. Containing 20.76 acres, more or leas.
This description wits prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of file subject property.
130528-R-8.rev.doex
'fen Mile Center AZ -14-001
EXHIBIT A
June 4, 2014
DESCRIPTION FOR PROPOSED TN -C ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SE/4 of the NW '/ and the SW '/. of the NE % of Seclion 14, T.
3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows!
Commencing at the Center ''/ corner of said Section 14, from which the West '/ corner of said
section hears North 89'11'30" West, 2656.46 fel; thence along the south boundary ofthe SE Y. of the
NW 'I/ of said Section 14 North 89°I I'X' West, 98.74 feel; thence leaving said South boundary North
00048'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the arc of a curve to the
left, said curve having a radius of 200.00 feet, a delta angle of 37032'12", and a long chord bearing
North 1757'36" West, 128.70 feet to a point of tangency; thence North 36043'42" West, 53.27 feet to
a paint on a curve, being the POINT OF BEGINNING;
Thence 57.88 feet along the arc of non -tangent curve to the Icft, said curve having a radius of
300.00 feel, a delta angle of 11'03'13", and a long chord beating North 47°44'41" East, 57.79 feet to a
point of compound curvature;
Thence 361.37 feet along the are of a curve to the left, said curve having a radius of 500.00
feet, a delta angle of 41 "24'34", and n long chord bearing North 21 °30'47" East, 353.55 feet to a point
of tangency;
Thence North 00048'30" East, 207.08 feet to a point of curvature;
Thence 239.89 feel along the arc of a curve to the left, Said curve having a radius of -500-00
feet, a delta angle of 27°29'22",,and a long chord hearing North 12'56'11 " Wcst, 237.60 feel to a point
of reverse curvature;
Thence 144,04 feet along the are of a curve to the right, said curve having a radius of 300,00
feet, a delta angle of 27°30.31", and n long chord hearing North 12°55'37" West, 142.66 feel to a point
of tangency;
Thence North 00°49'39" East, 45.00 feet to a point on the north boundary of the SE'/ of the
NW 'ti of said Section 14;
Thence along said north boundary South 89° 10'21" East, 90.97 feet to the NE corner of said SE
/ of the NW 1/4;
Thence, along the north boundary of the SW V. of the NE '/A of said Section 14 South 89° 12' 11"
East, 414.33 Feet;
Thence leaving said north boundary South 00048'30" West, 991.68 feet;
Thence North 89'11'30- West, 582.22 feet to the POINT OF BEGINNING. Containing
10,32 acres, more or less.
This description was prepared Brom data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
130528-TN-C.rnv.dacx
Ten Mile Center A7-14.001
EXHIBIT A
June 4, 2014
DESCRIPTION FOR PROPOSED TN -R ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SW '/ of the NE '/4 of Section 14, T. 3 N., R I W., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the Center'/, corner of said Section 14, from which the West 1% comer of said
section bears North 90111'30" West, 2656.46 feet; Ihcnce along the south boundary of the SE !A, of the
NW '/4 of said Section 14 North 89°11'30" West, 98.74; thence leaving said south boundary North
00048'30" East, 172.47 feel to a point of curvature; thence 131.03 feet along the are of a curve to the
left, said curve having a radius of 200.00 feet, a delta angle of 37'32'12", and a long chord bearing
North 1757' 12" West, 128.70 feet to a point of tangency; thence North 36°43'42" West, 53,27 feet;
thence South 89°1110" East, 582.22 feet to the POINT OF BEGINNING;
Thence North 00°48'30" East, 991.68 feet to a point on the north boundary of the SW '/ of the
NE '/, of said Section 14;
Thence along said north boundary South 8901211" Hast, 360.01 feel;
Thence leaving said north boundary South 00°34'59" West, 991,76 Leet;
Thence North 89011'30" West, 363.91 feet to iho POINT OF BEGINNING. Containing 8,24
acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records ol'Ada
County, Idaho) and does not represent u fold survey of the subject property.
130528-TN-R.rev. docx
Ten Mile Center AZ -14-001
N 6726'23, E
i50'S9- C 91,10' S 61'''19- E
0' 68.70'
C 5 551071' C
5 88'Jf'37- E 19860'
13' C 1WSW 9 M9'S5- [
EXHIBIT A
CURVE TABLE co
CURVE IENOM 119961$ OELU GNO90 9110 91.60 !_ g
CI 192A207.7 199.99 26'76'10 N 60053,1' C 91.60 � 0 nw
U 107.70 199.99 ]051'16' N 7751'23' E 106.10 w ■
CJ 6961 6999 56I0'12' 5 99'26'01' C 65.90 G
—� G 1I/.0/ 300.00 273071- 5 1755'33, E 112.66ww � �1QQ
C5 739.89 50000 2721'22- N 1756'11' w 237.60 O ]
C6 35137 500.00 1I'21'3/- N 21'30'1]' C 35!.55 9
C7 57.96 J00.00 11001'13' N 4746'41' E 57.79 — O
CB 13103 20000 3732'1T w 178.70 0 2!
SSPII ��
, e
89'10'21'
5 0019'39- w
Ten Mile Center AZ -14.001
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POINI OF BEGINNNIG /
Ten Mile Center AZ -14.001
]I'
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
C�%�(E IDIAN
I,DaHO
In the Matter of the Request for Annexation and Zoning of 120.69 Acres of Land with the R-8
(20.76 acres), TN -R (8.24 acres); TN C (10.32 acres) and C -G (81.35 acres) zoning districts, Located
on the East Side of S. Ten Mile Road, Midway Between W. Franklin Road and I-84, by Treasure
Valley Investments, LLC.
Case No(s). AZ -14-001
For the City Council Hearing Dates of. May 6, and June 3, 2014 (Findings on June 17, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by
reference)
3. Application and Properly Facts (see attached Staff Report for the hearing date of May 6, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 6, 2014, incorporated by reference)
B. Conclusions of Law
J. 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 at
Title 11 Meridian City Code, and all current Zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-001
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
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 6, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
development agreement containing the provisions listed in the attached Staff Report for the
hearing date of May 6, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D).
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 two (2) year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 6, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14.001
-2.
By action of the City Council at its regular meeting held on the ' / day of
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
VOTED—r
COUNCIL VICE PRESIDENT KEITH BIRD
VOTED_ (/ ! A—
COUNCIL MEMBER DAVID ZAREM13A
VOTED_r
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER LUKE CAVENER
VOTED '—
COUNCIL MEMBER GENESIS MILAM VOTED (A
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tamr c Weerd
Attest: is
j�
city o, rE 1DiA1`
mMu4
Jaycee In,
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-001
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: May 6, 2014
TO: Mayor & City Council
FROM: Sonya Walters, Associate City Planner
(208)884-5533
SUBJECT: AZ -14-001 —Ten Mile Center
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
IDIAN�--
IDAHO
The applicant, Treasure Valley Investments, LLC, has applied for annexation and zoning (AZ) of 120.69
acres of land from the RUT zoning district in Ada County to the R-8 (13.23 acres), TN -R (11.76 acres);
TN -C (14.34 acres) and C -G (81.35 acres) zoning districts in the City.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ with the requirement of a development agreement
containing the provisions listed in Exhibit B in accord with the Findings of Fact and Conclusions of Law in
Exhibit D of the Staff Report.
subject AZ request.
a. Summary of Commission Public Hearing:
L In favor: Eric Davis. Retail West Properties; Becky McKay, Eneineerine Solutions. LLP;
ii. In opposition: Jeanette Ockerman (speakine for group); Dennis Gerosin: Dawn Downum;
Cinde Atwood; Ron Hohnstein; Jennifer Johnson, Marearet Moser; Christine Lambing,
Steve Osborn; John Mabbutt; Doug Thompson; Angie McNulty
iii. Commentine: Sarah Weekes
iv. Written testimony: Jim Wolf; Gary & Kay Fors; Jeanette Ockerman, a petition signed by
adjacent residents (in opposition of the high level of residential density & the access to
Waltman Lane); Craig Downum; Dawn Downum; Sharon Osbura; Maggie Weeks;
Marearet Moser; and Dave Dansereau.
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
I. Traffic impacts on the adjacent rural residential neighborhood and roads at the southeast
corner of the site:
ii. Concern regarding the potential for 300 dwelling units to develop in the TN -C district vs.
iii. Impact of additional residential dwellings in this area on the school system: and
iv. The importance of creatine a transition and compatible uses at an appropriate scale adjacent
to existine residential properties.
c. Key Commission Chanee(s) to Staff Recommendation:
i Modify condition #4.1.4 as requested by the applicant as shown in Exhibit A.6; and
ii. Modify condition #4.1.6 as reauested by the aDDlicant as shown in Exhibit A.6.
d. Outstanding Issues) for City Council:
L None
'ren Mile Center AZ -14-001 PAGE 1
10.141,11:3 W11"
HL
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-14-001as
presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ -14-001, as
presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number AZ -14-001 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 subject property is located south of W. Franklin Road on the east side of S. Ten Mile Road, in the
northwest 1/4 of Section 14, Township 3 North, Range 1 West.
B. Applicant:
Treasure Valley Investments, LLC
4313 Mansfield Drive
Danville, CA 94506
Ten Mile Center AZ -14-001 PAGE 2
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HL
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-14-001as
presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ -14-001, as
presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number AZ -14-001 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 subject property is located south of W. Franklin Road on the east side of S. Ten Mile Road, in the
northwest 1/4 of Section 14, Township 3 North, Range 1 West.
B. Applicant:
Treasure Valley Investments, LLC
4313 Mansfield Drive
Danville, CA 94506
Ten Mile Center AZ -14-001 PAGE 2
EXHIBIT A
C. Owner:
Same as applicant
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, Idaho 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & 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: February 3 and 17, 2014 (Commission); April 14, and 28, 2014
(City Council)
C. Radius notices mailed to properties within 300 feet on: January 28, 2014 (Commission); April 10,
2014 (City Council)
D. Applicant posted notice on site by: February 9, 2014 (Commission); April 19, 2014 (City Council)
VI. LAND USE
A. Existing Land Use(s): This property is currently being used as agricultural land; no structures exist on
the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant land in the development process, zoned RUT in Ada County
South: Vacant land in the development process, zoned C -G; and low-density residential uses (Primrose
Sub.), zoned RI in Ada County
East: Single-family residential properties, zoned R-4; and a school, zoned R-4
West: Ten Mile Road and vacantlagricultural property, zoned C -C
C. History of Previous Actions: NA
D. Utilities:
a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject
property currently exists in S. Ten Mile Road.
b. Location of water: Water main stubs intended to provide service to the subject property
currently exists in S. Ten Mile Road, and are currently being planned as part of the TM Creek
project to the north.
c. Re -use pressurized irrigation water: Re -use irrigation water service is currently stubbed into
the subject property along S. Ten Mile Road
d. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral runs across this site from the east to the northwest
boundary; there are several other smaller waterways that run across and along the boundaries of
Ten Mile Center AZ -14-001 PAGE 3
EXHIBIT A
the site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN/ANALYSIS
Future Land use Map (FLUM):
The FLUM contained in the Ten Mile Interchange Specific Area Plan (TMISAP) currently designates
63.3+/- acres of the subject property as Lifestyle Center (LC); 20.3+/- acres as High Density Residential
(HDR); 5.1+/- acres as Medium High Density Residential (MHDR); and 30.4+/- acres as Medium Density
Residential (MDR). See Exhibit A.4.
LC: The LC designation is a specific form of mixed use commercial, The purpose of the LC is to
encourage a diversity of compatible land uses in a unified development that includes a mix of retail,
professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The
design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should
be provided that create rich and enjoyable public spaces.
HDR: HDR areas are multiple -family housing areas where relatively larger and taller apartment buildings
are the recommended building type. HDR areas should include a mix of housing types that achieve an
overall average density target of at least 16-25 dwelling units per gross acre with up to 50 units per acre in
a multi -story project. The design and orientation of new HDR buildings should be pedestrian -oriented and
special streetscape improvements should be considered to create rich and enjoyable public spaces. A
strong physical relationship between the commercial and residential components to adjacent employment
or transit centers is critical.
MHDR: Areas designated MHDR are 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 of 12 dwelling units
per gross acre. Generally, densities should range from 8-15 units per acre.
MDR: MDR areas are characterized by relatively low densities and a predominance of single-family and
two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment
buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are
not. In general, MDR areas should be protected from encroachments of higher density or higher intensity
uses. MDR areas should include a mix of housing types that achieve an overall average target gross density
of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed
conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street
system.
GOALS, OBJECTIVES, & ACTION ITEMS:
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the
proposed use of this property (staff analysis in italics):
• "Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities." (3.07.01E)
A variety of residential uses are anticipated to be developed on this site in the proposed R-8, 77V -
R, TN -C and C -G zones which should provide the City with a range of housing opportunities in
this area.
Ten Mile Center AZ -14-001 PAGE 4
EXHIBIT A
• "Implement the City's Pathways Master Plan to provide a bike and pathways system between
neighborhoods, local collectors, and community destinations." (6.02.01A)
The Master Pathways Plan depicts two segments of the City's multi -use pathway system east/west
across this site and to the north. These pathways will provide pedestrian and bicycle connectivity
to and through this development.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed residential component of this development will provide housing options close the
employment areas and shopping centers on this site as well as adjacent developments.
• "Require landscape street buffers for new development along all entryway corridors." (2.01.02E)
With development of the site, a 35 foot wide landscaped street buffer is required along S Ten Mile
Road, an entryway corridor, in accord with UDC Table 11-2B-3.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.017)
The proposed development should provide a variety of commercial and retail opportunities that
don't currently exist in this area of the City.
• "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban services
can be provided to this property upon development. City water and sewer service and reclaimed
water are available in Ten Mile Road.
TRANSPORTATION:
The transportation system map contained in the TMISAP (pg. 3-18) depicts collector streets across this site
connecting to a street network to the north and south; round -a -bouts are also depicted on the map at the
north and south boundaries of the site (see Exhibit A.3). A local street is also depicted on the map at the
east end of the site to the south boundary connecting to S. Lilac Street.
The conceptual street layout plan proposed by the applicant depicts collector streets, round -a -bouts, and a
local street to the south consistent with the transportation system map contained in the TMISAP (see
Exhibit A.2). Each of the round -a -bouts will be centered on the shared property line with the properties to
the north and south of the site.
The TMISAP includes several collector street types (sections) for specific uses and conditions based on
projected vehicular and pedestrian usage, desired parking conditions, specific physical conditions, public
emergency access, and streetscape character. Streets within the Ten Mile area should be designed and sized
to optimize pedestrian comfort and to facilitate slow-moving traffic. The Street Section Map contained in
the TMISAP (pg. 3-22) depicts specific street sections for each of the collector streets shown on the
transportation system map (see Exhibit A.3).
Based on the Street Section Map, the north/south and east/west collector streets designated as "E" should
be constructed as minor collector streets in accord with Street Section E in the Plan shown below (pg. 3-
21). The north/south section will extend to the north to a future signalized intersection at W. Franklin
Road. (Note: The diagonal on -street parking shown in Street Section E may be parallel as planned on the
TMCreekproject to the north.)
Ten Mile Center AZ -14-001 PAGE 5
$beet Sectio
EXHIBIT A
The east/west collector street (Ten Mile Creek Drive) designated as "D" at the northwest boundary of the
site from Ten Mile Road to the round -a -bout is designated as a residential collector street but is currently
proposed with the TM Creek project to be constructed as a major collector street in accord with Street
Section C shown below (pg. 3-20). (Note: This cross section may be modified to include a center median
as proposed on the TM Creek project to the north)
Street Section C
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The east/west collector street designated as "B" at the southwest boundary of the site from Ten Mile Road
to the round -a -bout is designated as a typical 4 -lane parkway to be constructed in accord with Street
Section B shown below (pg. 3-20).
The north/south collector street designated as "D" at the east end of the site is designated as a residential
collector street to be constructed in accord with Street Section D below (pg. 3-21).
Ten Mile Center AZ -14-001 PAGE 6
Street Section D
EXHIBIT A
The future street buffer along S. Ten Mile Road should be consistent with Street Section A as shown
below (pg. 3-20).
Staff finds the general layout of collector streets within the site is consistent with the Transportation
System Map in the TMISAP. To ensure streets are constructed in accord with the Plan, staff recommends
as a provision of annexation that the future collector streets constructed within the site are consistent with
the above street sections as noted.
DESIGN:
The location, scale, form, height, and design quality of public and private buildings and spaces are integral
to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are
intended to serve as the basic framework for projects within this area.
The applicant has not proposed a conceptual site plan (other than street layout), building elevations or
architectural details pertaining to the design of the future development on this site. However, the applicant
is proposing a development agreement (DA) that includes some design elements contained in the TMISAP
(see provisions #4.1.4 and #4.1.5 in Exhibit A.6). In addition to those provisions proposed by the
applicant, staff recommends additional provisions in accord with the design elements contained in the Plan
(per the matrix on page 3-49 of the TMISAP) consistent with the applicable land use designations (see
Exhibit A.6).
Ten Mile Center AZ -14-001 PAGE 7
EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
I. 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 (UDC 11-213-1).
The largest scale and broadest mix of retail, office, service, and light industrial uses are allowed in
the C -G district and are located in close proximity and/or with access to interstate or arterial
intersections.
2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact
development that is sensitive to the environmental characteristics of the land and facilitates the
efficient use of services. Vertically integrated residential projects are encouraged in all traditional
neighborhood districts. A traditional neighborhood district diversifies and integrates land uses
within close proximity of each other, and it provides for the daily recreational and shopping needs
of the residents (UDC 11-2D-1).
The purpose of the TN -C district is to serve as the focal point of a neighborhood center, containing
retail, commercial, and community services to meet the daily needs of community residents within
a one or two mile radius. The TN -C district is pedestrian oriented and is designed to encourage
pedestrian connection with a traditional neighborhood residential district. TN -C district uses
include small scale retail, restaurants, recreational, personal services, public or quasi -public uses,
churches, and attached and multi -family dwellings.
The purpose of the TN -R district is to provide for a variety of residential land uses including
attached and detached and single-family residential, duplex, townhouse, and multi -family. A TN -R
district includes open spaces and promotes pedestrian activity through well designed and varied
streetscapes that also provide for the safe and efficient movements of vehicular traffic. Most
dwelling should be accessed from alleys. The maximum density is 15 dwelling units (d.u.) per acre
with a minimum density of 8 d.u. per acre. Density should decrease away from the center and
closer to conventional residential districts. The TN -R district should be generally located adjacent
to a TN -C district, along a transit corridor, or within a mixed use neighborhood.
3. The purpose of the residential districts is to provide for a range of housing opportunities consistent
with the Meridian comprehensive plan. 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.
The medium -density residential (R-8) district allows a maximum gross density of 8 dwelling units
per acre (UDC 11-2A-1).
B. Schedule of Use: UDC Tables 11-2A-2, 11-213-2, and 11-213-2 list the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8, C -G, TN -R, and TN -C
zoning districts respectively. Any use not explicitly listed is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional standards
listed in UDC Tables 11 -2A -6,11-2B-3, 11-2D-5 and 11-2D-6 for the R-8, C -G, TN -C and TN -R
zoning districts respectively.
D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping
within parking lots is required to comply with UDC 11 -3B -8C.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for non-residential
Ten Mile Center AZ -14-001 PAGE 8
EXHIBIT A
uses and UDC Table 11-3C-6 for residential uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Zoning: The applicant proposed to annex and zone 120.69 acres of land as follows:
• 81.35 acres located in the LC (63 acres), HDR (15+/- acres), and M14DR (1.5+/- acres)
designated areas to C -G (general retail and service commercial);
• 14.5+/- acres located in the HDR (5.5+/- acres) and MHDR (3.8+/- acres) designated areas to
TN -C (traditional neighborhood center);
• 11.5+/- acres located in the MDR designated area to TN -R; and
• 13.23 acres located in the MDR designated area to R-8 (medium density residential).
Staff has reviewed the requested zoning designations for compatibility with the land use
designations contained in the TMISAP and has the following comments:
Almost half of this site is designated for residential uses on the FLUM. The applicant's
proposed zoning designations of R-8, TN -R and TN -C all allow for a variety of residential
uses; however, they also allow a variety of other non-residential uses through a conditional
use permit.
The applicant proposes to develop all of the R-8 and TN -R zoned area with residential uses.
Additionally, the applicant commits through the DA to construct a minimum of 300
additional residential units in the C -G and TN -C zoned areas. Staff feels if the applicant
provides residential uses as proposed that this area will develop with the residential densities
that are proposed in the TMISAP.
The legal descriptions submitted with the application (included in Exhibit C) show the boundaries of
the property proposed to be annexed and zoned contiguous to the existing boundary of the City of
Meridian.
Conceptual Development Plan: The applicant has submitted a conceptual development plan that
depicts a future street layout for the site; no building pads, parking, or future uses are shown on the
plan. The configuration of the streets and roundabouts are generally consistent with the transportation
plan contained in the TMISAP as discussed above in Section VH (see Exhibits A.2 and A.3).
Conceptual building elevations were not submitted with this application. Future development of the
site including structures should be consistent with the provisions of the UDC, the Meridian Design
Manual, and the design elements contained in the TMISAP. Further details of these design elements
are included in the proposed DA provision listed in exhibit A.6.
Multi -use Pathway: The Pathways Master Plan indicates a multi -use pathway connecting Peregrine
Elementary to Ten Mile Road along the Kennedy Lateral and leaving the lateral, continuing west to or
near the future collector intersection at Ten Mile Road. A second pathway connection is indicated
connecting the Kennedy Lateral pathway to the Ten Mile pathway to the north. (See Exhibit A.5)
Staff recommends both multi -use pathways be required with this development as the elementary
school boundaries extend west of Ten Mile Road and south of I-84. Should the Kennedy Lateral be
tiled and relocated as part of the development, the multi -use pathway may follow the surface street
layout as a 10' pathway on one side of the east -west road network. It is not critical that the pathway
follow the waterway.
Ten Mile Center AZ -14.001 PAGE 9
EXHIBIT A
Hours of Operation: Business hours of operation in the C -G zoning district are limited from 6:00 am
to 11 pm when the property abuts a residential use or district per UDC 11 -2B -3A.4, unless otherwise
approved through a conditional use permit.
Staff recommends approval of the subject AZ application with the requirement for a development
agreement containing the provisions listed in Exhibit A.6.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Conceptual Site Plan (dated: 12,49,113 6/4/14)
3. Transportation System Map & Street Section Map (TMISAP)
4. Future Land Use Map (FLUM)
5. Master Pathways Plan
6. Development Agreement Provisions Proposed by Applicant & Recommended by Staff
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Parks Department
7. Ada County Highway District
C. Legal Description and Exhibit Map for Proposed Annexation BF.ViSEDI
D. Required Findings from Unified Development Code
Ten Mile Center AZ -14.001 PAGE 10
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Ten Mile Center AZ -14-001 PAGE 12
EXHIBIT A
Exhibit A.3: Transportation System Map & Street Section Map (TMISAP)
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Ten Mile Center AZ -14-001 PAGE 13
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EXHIBIT A
Exhibit A.5: Master Pathways Plan
Ten Mile Center AZ -14-001 PAGE 15
Exhibit A.6: Development Agreement Provisions Proposed by Applicant & Recommended by Staff
(Note: Staff's recommended changes to the provisions are noted in underline/strike-out format. Commission
r commended changes noted in double undnrlineLwikeouO
This exhibit only contains the portion of the DA proposed by the applicant that contains the uses permitted by
this agreement & the conditions governing development of the subject property. The full document is contained
in the applicant's application.
3. USES PERMITTED BY THIS AGREEMENT:
3.1 The uses allowed pursuant to this Agreement are only those uses allowed for the applicable
zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-2B-2 and § 11-213-2.
3.2 No change in the uses specified in this Agreement shall be allowed without modification of
this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the
applicable zone by any future amendment of the UDC shall be allowed on the Property.
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
4.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
4.1.1 The Property shall be subdivided prior to submittal of the first Certificate of Zoning
Compliance application.
4.1.2 The Property shall be developed in a manner that provides a transition in uses to adjacent
residential properties.
4.1.3 A multi -use pathway shall be provided on the Property consistent with the Master Pathways
Plan.
4.1.4 A pedestrian connection shall be made to the adjacent school site.
4.1.5 The portion of the Property to be zoned C -G should develop with a mix of uses such as retail,
professional services, offices, entertainment uses, civic services, housing and outdoor spaces
in the common area of the project as anticipated for the Lifestyle Center designated erea�
designation in the Ten Mile Interchange Specific Area Plan (TMISAP)and shall he developed
in a manner that incorporates design concepts from the
Plan-(TMISAP) such as, but not limited to, the following:
• low-rise buildings of 2-4 stories over much of the area, or other massing that meets the
bulk and scale design concepts set forth in the TMISAP;
• buildings built to the edge of the public rights of way or circulation roads except where
additional sidewalk space is needed for cafe seating or for breaks in frontage for pocket
parks;
• large expanses of parking between the street and the Rent of the buildings are not
desirable and should be minimized where practical;
• smaller pad buildings should face the street with an entrance oriented toward the street;
• buildings designed to "hold corners" rather than parking lots;
• restaurants encouraged to have outdoor dining;
Ten Mile Center AZ -14-001 PAGE 16
EXHIBIT A
• shops and stores encouraged to open their doors and street view windows and use clear
glass that allows easy visual access inwards and outwards (mirrored or reflective glass is
not permitted; low emissivity glass is allowed);
• integration of plaza, pocket parks, pedestrian arcades and other common areas in site
design; and
• building location and design oriented toward and/or connected to common areas and/or
public space.
Specific design features may vary from those outlined in the TMISAP (e.g., floor area ratios,
unbroken frontage percentages, etc.) as necessary to accommodate operational requirements of
certain end users, while still allowing a functional relationship among parking, circulation,
loading and public right-of-way.
4.1.6 The portions of the Property to be zoned TN -C and TN -R shall be developed in a manner that
incorporates traditional neighborhood design concepts from the TMISAP such as, but not
limited to, the following:
• higher density buildings close to the street;
• narrower streets to slow traffic;
• parking lots behind or under buildings;
• residences with porches or balconies facing the street; and
• garages in accord with the design elements listed in the TMISAP (pg. 3-33).
Specific design features may vary from those outlined in the TMISAP as necessary to
accommodate operational requirements of certain end users, while still creating a pedestrian -
oriented focus.
4.1.7 In additfen-te the Only residential axits uses shall be developed within the R-8 zone.
additional to other allowed uses a minimum of 95 75 residential units shall be develonesl
within the and TN -R zones, and a minimum of 300 residential units shall be developed within
the C -G and/or TN -C zones combined.
4.1.8 Business signs shall be compatible in color, materials, sizes, shapes and lighting with the
architecture of the buildings and the businesses they identify and shall not be incompatible
with surrounding buildings or development. All signs shall comply with the standards listed in
the TMISAP (pg. 3-46).
4.1.9 Public art shall be incorporated into the development at the entry of the site to create a sense of
arrival and as appropriate throughout the site, in accord with the TMISAP. Public art should be
integrated into either the architectural design or the design of plazas, common areas and public
spaces and should be easily visible to the public in accord with the TMISAP (pg. 3-47).
4.1.10 The future street layout for the site shall substantially comply with the conceptual street layout
shown in Exhibit A.2. Future construction of these streets shall be consistent with the
applicable street section as shown on the Street Section Map contained in the Ten Mile
htterchange Specific Area Plan (TMISAP) (pgs. 3-20 and 3-21) with the exception of the
east/west collector street (Ten Mile Creek Drive) from Ten Mile Road at the northwest comer
of the site which shall be constructed as a major collector street in accord with Street Section
C.
4.1.11 Future development of the site shall be generally consistent with the design elements
contained in the TMISAP (Chapter 3), the design standards in UDC 11-3A-19, and the
guidelines in the Meridian Design Manual.
Ten Mile Center AZ -14-001 PAGE 17
EXHIBIT A
4.1.12 The Kennedy Lateral and all other waterways on the site shall be piped or otherwise covered
in accord with UDC 11-3A-6, unless waived by City Council.
4.1.13 The agricultural use of the property may continue until such time as the property develops.
The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property.
4.1.14 Based on the 2010 Meridian Sewer Master Plan, the subject property lies within two sewer
boundaries. The Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this
development is are being proposed via main extensions from the Black Cat Trunk and Ten
Mile Diversion Trunk
Owner/Developer shall install
mains to and through the development, coordinate main size and routing with the Public
Works Department, and execute standard forms of easements for any mains that are 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 then alternative materials shall be used in conformance with
City of Meridian Public Works Department standard specifications.
4.1.15 Water service to the subject property will be via extension of mains in Ten Mile Road along
the alignment of the future east -west collector. Owner/Developer shall be responsible to
install water mains to and through the property at the time of development and to coordinate
main sizes and routing with City of Meridian Public Works Department.
4.1.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water
system along the South Ten Mile and West Franklin Road frontages of this parcel.
Owner/Developer shall coordinate with the Public Works Department on the possible
connection to this system for the provision of landscape irrigation water.
4.1.17 Business hours of operation in the C -G zoning district are limited from 6.00 am to 11.00 pm
4.1.18 Owner/Developer aerees to utilize the City of Meridian's Class "A" Reclaimed Water System
Meridian Irrigation District.
WHEN WN"ITIVIMT17, I KI ITS MUM 1 1' 1=1 I I I I I' -Ti I
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Ten Mile Center AZ -14-001 PAGE 18
EXHIBIT A
Exhibit B: Agency Comments
On February 6, 2014, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Park's Department and Meridian
Public Works Department. Staff has included all comments and recommended actions in the attached
Exhibit B.
1. PLANNING DIVISION
1.1 ANNEXATION & ZONING
1.1.1 A Development Agreement (DA) is required as a provision of 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 to initiate this process. The DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA.
The DA shall incorporate the provisions proposed by the applicant and recommended by Staff in
Exhibit A.6.
2. PUBLIC WORKS DEPARTMENT
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. 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 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement (on the
form available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x
11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document.
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 should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 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
Ten Mile Center AZ- 14-001 PAGE 19
EXHIBIT A
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 final plat signature.
2.7 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 may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 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.
2.9 Street signs are to be in place, sanitary sewer and 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.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
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
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.
Ten Mile Center AZ -14-001 PAGE 20
EXHIBIT A
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways
per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. Street lighting is
required at intersections, comers, cul-de-sacs, and at a spacing that does not exceed that outlined in
the Standards. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments on this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Pathways Master Plan indicates a multi -use pathway connecting Peregrine Elementary to Ten
Mile Road along the Kennedy Lateral and leaving the lateral, continuing west to or near the future
collector intersection at Ten Mile Road. A second pathway connection is indicated connecting the
Kennedy Lateral pathway to the Ten Mile pathway to the north. Both multi -use pathways shall be
required with this development as the elementary school boundaries extend west of Ten Mile Road
and south of I-84. Should the Kennedy Lateral be tiled and relocated as part of the development,
the multi -use pathway may follow the surface street layout as a 10' pathway on one side of the
east -west road network. It is not critical that the pathway follow the waterway.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for annexation and rezone only. The District may add additional findings for
consideration when it reviews a specific development application. Site Specific Conditions will be
will be established at that time.
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
Ten Mile Center AZ -14-001 PAGE 21
EXHIBIT A
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
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 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACED right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 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 ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 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.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Ten Mile Center AZ -14-001 PAGE 22
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Annexation (RF.VICF.DI
January 3, 2014
DESCRIPTION FOR PROPOSED MERIDIAN ANNEXATION
TREASURE VALLEY CENTER 10 SIRE
A parcel of land located in the NW % of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West % come% of said Section 14, from which the Center % comer of acid
section bears South 89°11'30" East, 2656.46 feet;
Thence along the west boundary of the NW ;4 of said Section 14 North 00°34' 17" East,
1336.30 feet to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 89°59' 13" East, 24.80 feet;
Thence North 66050'59" East, 203.10 feet to a point of curvature;
Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of
199.99 feet, a delta angle of 26°28'40, and a long chord bearing North 8000541" East, 91.60
feet to a point of tangency;
Thence South 86°39'37' East, 156.20 feet to a point of curvature;
Thence 107.70 feet along the are of a curve to the left, said curve having a radius of
t99.99 fed, a delta angle of 30"5V] 6", and a long chord bearing North 77054123" East, 106.40
feet to a point of langency;
Thence North 62128'23" East, 91.30 feat to a point of curvature;
Thence 68.91 feet along the arc of a curve to the right, said curve having a radius of
69.99 feat, a delta angle of 56" 10' 12", and a long chord bearing South 89°26'01" East, 65.90
feet to a point of tangency;
Thence South 61020'19" East, 85.70 feel;
Thence South 53° 10'31" East, 198.60 feet;
Thence South 50'57'55" East, 17.82 feel to a point on the north boundary of the S '/S of
the NW % of said Section 14;
Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1700.41
feet to the NE comer of said S % of the NW %;
Thence leaving said north boundary and along the north boundary of the SW % of the NE ;4 of
said Section 14 South 89"12' 11" East, 1329.35 feet;
Thence leaving said north boundary South 00"34'59" West, 1038.04 feat;
Thence North 89011'3011 West, 450.00 feet;
Thence South 00°35'31" West, 290.40 feet to a point on the south boundary of the SW % of the
NE % of said Section 14;
Thence along said south boundary North 89011'30" West, 879.81 feet to the SE comer of the
NW ''A (Center % comer) of said Section 14;
Ten Mile Center AZ -14.001 PAGE 23
EXHIBIT A
Thenee along the south boundary of said NW 'ti Noah 89011'30" West, 2656.46 feet to the
POINT OF BEGINNING, Containing 120.69 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ads
County, Idaho) and does not represent a field survey of the subject property.
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Ten Mile Center AZ -14-001 PAGE 24
EXHIBIT A
November 5, 2013
DESCRIPTION FOR PROPOSED C -G ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the NW �4 of Section 14, T. 3 N., R 1 W., B.M., Ada County, Idaho,
more particularly described as follows:
BEGINNING at the West '/. comer of said Section 14, from which the Center % comer of said
section bears South 89°11'30" East, 2656.46 feet;
Thence along the west boundary of the NW b of said Section 14 North 00°34' 17" East,
1336.30 feet to a point on the centerline of the Kennedy Lateral;
Thence leaving said west boundary, and along said centerline:
Thence South 89059'13" Best, 24.80 feat;
Thence North 66050'59" East, 203.10 feel to a point of curvature;
Thence 92.42 feet along the arc of a curve to the right, said curve having a radius of
199.99 feet, a delta angle of 26°28'40", and a long chord bearing North 80°05'41" East, 91.60
feet to a point of tangency;
Thence South 86039'37" Best, 156.20 feet to a point of curvature;
Thence 107.70 feet along the arc of a curve to the left, said curve having a radius of
199.99 feet, a delta angle of 30"51' 16", and a long chord bearing North 77°54'23" East, 106.40
feet to a point of tangency;
Thence North 62028'23" East, 91.30 feet to a point of curvature;
Thence 68.91 fent along the are of a curve to the right, said curve having a radius of
69.99 feet, a delta angle of 56°10'12", and a long chord bearing South 89°26'0!"East, 65.90
feet to a point of tangency;
Thence South 61020'19" East, 85.70 feet;
Thence South 53°10'31" East, 198.60 feet;
Thence South 50057'55" East, 17.82 feet to a point on the north boundary of the S % of
the NW W of said Section 14;
Thence leaving said centerline, and along said north boundary South 89°10'21" East, 1609.44
fast;
Thence leaving said north boundary South 00049'39" West, 45.00 feet to a point of curvature;
Thence 144.04 feel along the are of a curve to the left, said curve having a radius of 300.00
fent, a delta angle of 27030'31", and along chord bearing South 12'55'37' East, 142.66 feet to a point
of reverse curvature;
Thence 239.89 feet along the arc of a curve to the right, said curve having a radius of 500.00
feet, a delta angle of 27°29'22", and a long chord bearing South 12056'11 11 East, 237.60 feet to a point
of tangency;
Thence South 00048'30" West, 207.08 fat to a point of curvature;
Ten Mile Center AZ -14-001 PAGE 25
EXHIBIT A
Thence 361.37 feet along the arc of a curve to the right, said curve having a radius of 500.00
feet, a delta angle of 41024134", and a long chord bearing South 21 °30'47" West, 353.55 feet to a point
of compound curvature;
Thence 57.88 feat along the arc of a curve to the right, said curve having a radius of 300.00
feet, a delta angle of 11 *03'13", and a long chord bearing South 47044'41" West, 57.79 feet;
Thence leaving said curve South 36°43'42" East, 53.27 feet to a point of curvature;
Thence 131.03 feet along the arc of a curve to the right, said curve having a radius of 200.00
feet, a delta angle of 37032'12", and a long chord bearing South 17057'36" East, 128.70 feet to a point
of tangency,
Thence South 00°48'30" Wert, 172.47 feet to a point on the south boundary of the NW % of
said Section 14;
Thence along said south boundary North 89°11'30" West, 2557.72 feet to the POINT OF
BEGINNING. Containing 81.35 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
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Ten Mile Center AZ -14-001 PAGE 26
EXHIBIT A
June 6, 2014
DESCRIPTION FOR PROPOSED R-8 ZONE
TREASURE VALLEV CENTER 10
A parcel of land located in the SW '/. of the NE '/4 and the SE X of the NW 'k of Section 14, T.
3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows:
BEGINNING at the Center % comer of said Section 14, from which the West I/ comer of said
section bears North 89011'30" West, 2656.46 feet;
Thence along the south boundary of the SE % of the NW % of said Section 14 North 8901 111Y,
West, 98.74 feet;
Thence leaving said south boundary North 00°48'30" East, 172.47 feet to a point of curvature;
Thence 131.03 feet along the arc of a curve to the left, said curve having a radius of 200.00
feet, a delta angle of 379212", and a long chord bearing North 17057'36" West, 128.70 feet to a point
of tangency;
Thence North 36043'42" West, 53.27 feet;
Thence South 89011'30" East, 946.13 feet;
Thence North 00034'59" East, 991.76 feet to a point on the north boundary of the SW 'b of the
NE'/, of said Section 14;
Thence along said north boundary South 89° 12'11 - East, 555.00 feet to the NE comer of said
SW '/ of the NE 1/4;
Thence along the east boundary of said SW '/, of the NE V. South 00134'59" West, 1038.04
feet;
Thence leaving said east boundary North 890 11'30" West, 450.00 feet;
Thence South 00035'31" West, 290.40 feet to a point on the south boundary of the SW 'ti of the
NE'/, of said Section 14;
Thence along said south boundary North 89011'30" West, 879.81 feat to the POINT OF
BEGINNING. Containing 20.76 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
130528-R-8.rcv.docx
Ten Mile Center AZ -14-001 PAGE 27
EXHIBIT A
June 4, 2014
DESCRIPTION FOR PROPOSED TN -C ZONE
TREASURE VALLF,V CENTER 10
A parcel of land located in the SE % of the NW '/, and the S W'/4 of the NE'/ of Section 14, T.
3 N., R I W., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Center ti comer of said Section 14, from which the West 'A corner of said
section bears North 8901 I'M' West, 2656.46 fact; thence along the south boundary of the SE ti of the
NW V4 of said Section 14 North 890I 1'30" West, 98.74 feel; thence leaving said south boundary North
00048'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the aro of a curve to the
left, said curve having a radius of 200.00 feet, a delta angle of 37032'1 T', and a long chord beating
North 17057'36" West, 128.70 feet to a point of tangency, thence North 36043'42" West, 53.27 feet to
a point on a curve, being the POINT OF BEGINNING;
Thence 57.88 feel along the arc of a non -tangent curve to the la said curve having a radius of
300.00 feel, a della angle of 11°03`13", and a long chord bearing North 47°44'41" East, 57,79 feel to a
point of compound curvature;
Thence 361.37 feet along the are of a curve to the left, said curve huving a radius of 500.00
feet, a delta angle of 41 °24'34", and a long chord bearing Notch 21 °30'47" East, 353.55 feet to a point
oftangency;
Thence North 00648'30" East, 207.08 feet to a point of curvature;
Thence 239.89 feet along the arc of a curve to the Icft, said curve having a radius of 500.00
feet, a delta angle of 27°29'22", and a long chord bearing North 12056'11 " West, 237.60 feet to a point
of reverse curvature;
Thence 144.04 feet along the are of a curve to the right, said curve having a radius of 300,00
feet, a delta angle of 27°30'31", and a long chord bearing North 12055'37" West, 142.66 feet 10 a point
of tangency;
Thence North 00049'39" East, 45.00 feet to a point on the north boundary of the SE, 'A of the
NW ''A of said Section 14;
Thence along said north boundary South 890 10'21" East, 90.97 feet to the NE comer of said SE
/4 of the NW 1/4;
Thence along the north boundary of the SW ti of the NE '/ of said Section 14 South 89112'11-
East,
9112'11"East, 41433 feet;
Thence leaving said north boundary South 0004810" West, 991.68 feel;
Thence North 89011'30" West, 582.22 feet to the POINT OF BEGINNING. Containing
10.32 acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not reprnaent a field survey of the subjectproperty.
130528-TN-C.revAd
Ten Mile Center AZ -14-001 PAGE 28
EXHIBIT A
June 4, 2014
DESCRIPTION FOR PROPOSED TN -R ZONE
TREASURE VALLEY CENTER 10
A parcel of land located in the SW '/4 of the NE'/. of Section 14, T. 3 N., R 1 W., B -M., Ade
County, Idaho, more particularly described as follows:
Commencing at the Center ti comer of said Section 14, from which the West 'ti comer of said
section bears North 89011'30" West, 2656.46 feet; thence along the south boundary of the SE W of the
NW '/, of said Section 14 North 89011 '30" West, 98.74; thence leaving said south boundary North
00°48'30" East, 172.47 feet to a point of curvature; thence 131.03 feet along the arc of a curve to the
lett, said curve having a radius of 200.00 feet, a delta angle of 37°32' 12", and a long chord bearing
North 17057'12" West, 128.70 feet to a point of tangency; thence North 36°43'42" West, 53.27 feet;
thence South 8901110" East, 582.22 feet to the POINT OF BEGINNING;
Thcncc North 00°48'30" East, 991.68 feet to a point on the north boundary of the SW ''A of the
NE'/s of said Section 14;
Thence along said north boundary South 89°12' 11" East, 360.01 feel;
Thence leaving said north boundary South 00°34'59" West, 991.76 feet;
Thence North 89011'30" West, 363.91 fact to the POINT OF BEGINNING. Containing 8.24
acres, more or less.
This description was prepared from data of record (Record of Survey No. 8353, records of Ada
County, Idaho) and does not represent a field survey of the subject property.
130528-TN-Rrev.does
Ten Mile Center AZ -14-001 PAGE 29
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Ten Mile Center AZ -14-001 PAGE 30
Igll 0I
EXHIBIT A
D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING 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 City Council finds that the proposed map amendment is generally consistent with the LC,
HDR, MHDR, and MDR FLUM designations for this site with the development agreement
provisions proposed by the applicant and those recommended by staff in Exhibit A.6. Further,
the amendment should be compatible with existing and future adjacent uses. Therefore, the
City Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C -G, TN -R, TN -C and R-8
zoning districts is consistent with the purpose statements of the applicable districts as detailed
in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
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 City Council 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 11-513-3.E).
The City Council finds the proposed annexation of this site is in the best interest of the City
based on the analysis contained in the staff report.
Ten Mile Center AZ -14-001 PAGE 31