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ApplicationHearing Date: November 19, 2015 File No.: H-2015-0018 Project Name: TM Creek East — AZ, MDA Request: Request for annexation and zoning of 14.93 acres of land with an R-40 zoning district, by SCS Brighton, LLC. Location: The site is generally located on the south side of W. Franklin Road, approximately '/4 mile east of S. Ten Mile Road, in the NW '/4 of Section 14, Township 3N, Range 1 W. Project Name: TM Creek Request: Request for a modification to the development agreement (Inst. #1140457759) for TM Creek to include the subject 14.43 acre parcel in the agreement. Location: The site is located at the southeast corner of S. Ten Mile Road and W. Franklin Road, in the NW 1/4 of Section 14, Township 3N, Range I W. ECEly OCT 15 2015 STAFF USE ONLY: / Project name: TA' e!LZ2 bC. Q ` File number(s): Assigned Planner: Jbot g Asa tr TRelated files: Type of Review Requested (check all that apply) Planning Division REVIEW APPLICATION ❑ Accessory Use ❑Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Fy Applicant name: '�J7Z( Phone: Applicant address: I%%DI u).ESGRA2@E7— 7,00 Email: City: State: _Q:;, Zip: 8313 Applicant's interest in property: XOwn ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City' Email: Phone: State: Zip: Age Contact ame (e.g., architect, engineer, developer, representative): Y 1(Of:1A.FL � Firm name: �FZ I &HT 9AJ &e"ff`>`r,&u Phone: —ig, -[Oe'/ Z Agent address: 17-&01 w. P� 4L— Z -6D Email: fVtW d N 11f 60 FJr'IS-�U�t ttn-l°BY'f) - LemA City: State:�--D pZr 1 3 Primary contact is: ❑ Applicant ❑ Owner )itAgen Contact Information Location/street address:rii�rt e -fctii� rl� Township, range, section: 13N /W / Assessor's parcel number(s): 5 1 Z 1 `L.0 ZO Total acreage: 3 Zoning district: r� Stetcfzfz-740 S1? -(L -Z(2- 1�60 Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/plannina -l- (Rev. 06/12/2014) Project/subdivisionname: -f-AA Gjq`�� General description of proposed project/request: Proposed zoning district(s): Acres of each zone proposed: 3 L_" — Type of use proposed (check all that apply): XPY.Residential 0 Office 0 Commercial 0 Employment 0 Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within "'/ Primary irrigation source: AZ/A- Secondary: CT Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):'. MA Residential Project. Summary (if applicable) 'j1 Me Appuckliqj Number of residential units: -t'PJD Number of building lots: Number of common lots: rFJT) Number of other IQts: �� D Proposed number of dwelling units (for multi -family developments only): / W IA 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.t):.. Gross density (Per UDC 11-1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: - Average property size (s.f.): Net density (Per UDC 11-1A-.1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): - Type of dwelling(s) proposed: 0 Single-family Detached 0 Duplex 0 Multi -family 0 Vertically Integrated Non-residential Project Summary (if applicable) Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: _ 0 Single-family Attached 0 Townhouse 0 Other Common lots: Other lots: Existing (if applicable): Building height.- Number eight: Number of compact spaces provided: Date: 14P . / T • / Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/plannine -2- (Rev. 0 611 212 0 1 4) BRIGHTON CORPORATION October 14, 2015 C. Caleb Hood, Planning Division Manager Community Development Services Meridian City Hall RE: Comprehensive Plan Map Amendment, Annexation and Rezoning Applications Dear Mr. Hood: On behalf of SCS Brighton and Kostka & Calnon (hereafter Brighton and Calnon), I am pleased to submit the enclosed applications for Comprehensive Plan Future Land Use Map amendment, and annexation and rezoning of their respective properties depicted below and described in the following pages. Specifically, the applications propose ... • For Brighton — Annexation with R-40 zoning as supported by the existing Comprehensive Plan Future Land Use Map designation of High Density Residential; and, Page 1 • For Calnon – Annexation with amendment of the Comprehensive Plan Future Land Use Map designations from Medium, Medium -High and High Density Residential to Mixed Use Commercial and Mixed Use Residential; and with zoning designations of C -C, TN -C and T -NR as depicted by the second graphic on page 3 and described in the accompanying legal descriptions. Separate applications—with the expectation of concurrent processing—are provided to facilitate the unique aspects of their respective development agreements. • The Brighton parcel will be "annexed" into the TM Creek project (AZ -13-015; Ord. I4-1516) by modification of its development agreement (Inst. #1140457759, recorded June 12, 2014). That will add nearly 15 acres to the already -annexed and zoned 3.94 -acre, R-40 multi -family parcel and become the subject of a future apartment development application (See "Conceptual Development Plan" discussion, page 5). • The Calnon properties will have a separate development agreement memorializing their specific land use and zoning designations, and a requirement for a more detailed conceptual development plan in the future. ANNEXATION An annexation "path" is not an issue inasmuch as the properties are surrounded by the City per the following city limits and zoning illustration. jle.� I c C.N I (--� YYL25cREAMLIN PARK 1 ' 1C1tL� ei1F L� %-C7 .—_ � _ �-cxar cx>nnn 1 { C_C LSIAILS Lr ,v -o 01 1 l lily �6 U JI) 11 \\� '� ATFS �----- _ � �-.. BTlRLS -, L yFSTA i Sn 01 TRE' '------------ SAN 9kEBiE.�v1 oa\q Dri\n E 11 'ITSt LANDING 03 1 \003 I'HE W _ -LL LANDING'. cG A VU 07 IRr Z _ lNLvu.n NLARUNy NO02 J y00I ' to _— �t BRIGHTON / CALNON AREA ZONING Page 2 COMPREHENSIVE PLAN The existing Future Land Use Map (FLUM) designations (below) for the combined Brighton and Calnon properties are Medium, Medium -High and High Density Residential. Use ?rcial Lifestyie Center Mixed Employment ■ i ■ MuctlUx Comme�clnl �� ■�■■■ 1 Hlghpensity Fdedhim-High Densi esidential� 1 Resillential 1 � � L - � Medium Density 1 Residential _._.. J NONE WINE COMPREHENSIVE PLAN MAP AMENDMENT / PROPOSED ZONING Proposed land use modifications, with requested zoning designations, are combined for clarity in this graphic and discussed on the following page: a a■■■■■■■■■■■■■ a■■■■ r i)a ■ Mixed Use Commercial ■ i� R-40 (C -C toning) a ■ ■ ■ r ---; ------V Yi9h ■ I D1islty ■ 1 i 60 n" U Resttlennal �l Reential ■ I /N -L i TNR ■ ■ ■■■■a■■■■awe W ■■■i■■L■■ h t:; Mum Density i..d.,�Resitlential WON INOW D.""ty Res�Wnntlal BRIGHTON 1 CALNON a COMP PLAN / ZONING Page 3 As previously stated, Brighton's current High Density Residential land use designation, which supports the R-40 zoning request, will not be modified, whereas, Calnon requests the following: • Land use designation of the Franklin Road frontage and the area south of Ten Mile Creek, west of a future mid -mile collector roadway, will change from Medium High and High Density Residential to Mixed Use Commercial. Zoning of that 40.06 -acre area will be C -C, Community Business District. • The 15.49 -acre area south of Ten Mile Creek, east of the future collector roadway, will maintain a "residential" designation, but will be changed from Medium, Medium -High and High Density Residential to Mixed Use Residential. Two zoning designations are proposed for that area: TN -C for westerly 5.46 acres and TN -R for the easterly 10.03 acres—consistent with the adjacent parcels to the south. W. Franklin Road cc 414Oss i Future TN ISI�, Collector ..rt�rRC .1'rN� Roadway 'qC E ras X03 q��,e j s I _ _0 r TN -J? N TN_C R_g SEE 6RIGHTON CAL NON AREA ZONING FXHIBIr. Pa Z Page 4 SUPPLEMENTAL INFORMATION Conceptual Development Plan The Brighton and Calnon annexation requests are the direct result of "encouragement" by Meridian City officials to include their properties in the formation of the proposed Ten Mile Urban Renewal District. The green -hatched area in the graphic below, as excerpted from the September 2015 "Draft" URD Eligibility Report, shows the relationship of the Brighton and Calnon properties with already -annexed properties (red and blue hatching) within the framework of the Ten Mile Interchange Specific Area Plan. Ten Mile Urban Renewal District Study Area & Sub -Districts The effort to expedite incorporation in order to facilitate their participation in the URD has focused primarily on amending the comprehensive plan and the annexation and zoning process. Detailed site planning will follow. While a detailed conceptual development plan is not provided at this time, the schematic on the following page depicts projected future uses, internal and external circulation, and the general alignment of a future mid -mile collector roadway connecting TM Crossing (nearest to Interstate 84), through Treasure Valley Investments' intervening property and Calnon, to Franklin Road. Page 5 f�ranklii .= m •Gceeohead K:1`1 f � a n F3 Pintail j r Epr'Pr Baye.ox .. •�.\}\\\\ ^i .. WzltIII ar. Gander Brawn \\ Y. 4 trout c� Eider. t, ,� VeNena �. �.� �.� �9 •—_ .__ Legend interstate 84 — . _ . _ . _ . _ . — I,.:. T. na. S"iff.Mo e.n Proposed Districts Nota Tasa FvJ M1 N Th4q Silver Terrace DUrch f-7 r•,< Frm arm 1. Froy Jhorn Overland o The effort to expedite incorporation in order to facilitate their participation in the URD has focused primarily on amending the comprehensive plan and the annexation and zoning process. Detailed site planning will follow. While a detailed conceptual development plan is not provided at this time, the schematic on the following page depicts projected future uses, internal and external circulation, and the general alignment of a future mid -mile collector roadway connecting TM Crossing (nearest to Interstate 84), through Treasure Valley Investments' intervening property and Calnon, to Franklin Road. Page 5 w,.nr ., f RD i Mid -Mile Collector -Signal ■ IPF ■01 Retail, Office, Service Commercial f' ■ Professional Office/ i Medium -High Density i r Residential ll� (8-15 d.u.laa) � ■ ■ ■ ■ ■ ■ ■ ■ ■ 11111MINEM BRIGHTON / CALNON CONCEPTUAL DEVELOPMENT PLAN illy -- A multi -family project plan will soon be submitted by Brighton, but detailed planning for the Calnon property has not yet commenced. Therefore, I request that the proposed actions be approved with the stipulation that a more detailed conceptual development plan shall be submitted prior to, or coincident with the first development application for their respective properties. Adjacent Property Information The graphic on the next page denotes the Vaughn Lateral right-of-way which is owned in -fee by the Nampa & Meridian Irrigation District (Parcels 51214212459 and 51214120805). The District's parcels separate the Brighton and Calnon properties from ACHD's Franklin Road right-of-way. Therefore, an affidavit of Legal Interest was sought from the District consenting to the proposed annexation. In a September 22nd telephone discussion of that request,. Daren Coon, NMID Secretary -Treasurer, stated that the District doesn't provide such consent documents but will not oppose annexation. Future roadway access requests, as well as the City -required arterial landscape buffer, will be addressed through license agreements between the District and the developers. Page 6 ■ ■ ■ High Density Multi -Family ■ ■ ■ ■ ■ ■ ■ w,.nr ., f RD i Mid -Mile Collector -Signal ■ IPF ■01 Retail, Office, Service Commercial f' ■ Professional Office/ i Medium -High Density i r Residential ll� (8-15 d.u.laa) � ■ ■ ■ ■ ■ ■ ■ ■ ■ 11111MINEM BRIGHTON / CALNON CONCEPTUAL DEVELOPMENT PLAN illy -- A multi -family project plan will soon be submitted by Brighton, but detailed planning for the Calnon property has not yet commenced. Therefore, I request that the proposed actions be approved with the stipulation that a more detailed conceptual development plan shall be submitted prior to, or coincident with the first development application for their respective properties. Adjacent Property Information The graphic on the next page denotes the Vaughn Lateral right-of-way which is owned in -fee by the Nampa & Meridian Irrigation District (Parcels 51214212459 and 51214120805). The District's parcels separate the Brighton and Calnon properties from ACHD's Franklin Road right-of-way. Therefore, an affidavit of Legal Interest was sought from the District consenting to the proposed annexation. In a September 22nd telephone discussion of that request,. Daren Coon, NMID Secretary -Treasurer, stated that the District doesn't provide such consent documents but will not oppose annexation. Future roadway access requests, as well as the City -required arterial landscape buffer, will be addressed through license agreements between the District and the developers. Page 6 FRANHLtN RD -__- NMID POOPERTY (Ya gFn L&9wW) __- TEN MILE CREEK - --- IN SUMMARY AND CONCLUSION Based on the foregoing, as supported by the accompanying applications and documentation„ I request approval of the following: For Brighton • Annexation with R-40 zoning as supported by the existing Comprehensive Plan Future Land Use Map designation of High Density Residential; and, • Modification of the TM Creek Development Agreement to integrate the parcel with the previously - annexed R-40 property. For Calnon • Amendment of the Comprehensive Plan Future Land Use Map designations from Medium, Medium - High and High Density Residential to Mixed Use Commercial and Mixed Use Residential, • Annexation with a development agreement, and with the zoning designations of C -C, TN -C and T- NR. If you or your staff n�have questions—or require additional information—please call me at 287-0512. For SCS,8rikhtoX2jud Kostka & Calnon Michael D. Wardle Director of Planning Page 7 September 17, 2015 Project No. 115055 THE LAND GROUP, INC. Exhibit "A!' TM CREEK EAST ANNEXATION/ZONING DESCRIPTION A parcel of land located in the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing and the Northwest Corner of Section 14 of said Township 3 North, Range 1 West; Thence South 89009'27' East, a distance of 1577,99 feet on the Northerly Section Line of said Section 14 to the POINT OF BEGINNING; Thence South 00'34'31" West, a distance of 704.71 feet; Thence South 89*51'28" West, a distance of 249.02 feet to a point on the north -south 1/16 th Section Line of the Northwest One Quarter of said Section 14; Thence South 00*34'31" West, a distance of 120.00 feet an said north -south 1/16 th Section Line; Thence North 89'51'28" East, a distance of 249.02 feet; Thence South 00'34'31" West, a distance of 504.02 feet to a point an the east -west 1/16 th Section Line of the Northwest One Quarter of said Section 14; Thence South 89*10'27" East, a distance of 466.94 feet on the east -west 1/16 th Section Line of the Northwest One Quarter of said Section 14; Thence North 00034'31" East, a distance of 1328,61 feet to a point on the Northerly Section Line of said Section 14; Thence North 89'09'27" West, a distance of 466,93 feet on the Northerly Section Line of said Section 14 to the point of beginning. The above described parcel contains 14.93 acres more or less, EMEMMMU= James R. Washburn Ar Site Planning • Landscape Architecture --Civil Engineering • Golf Course Irrigation & Engineering • Graphic design- Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idah❑ 83616 & P 208.939.4041 • www.thelandgroupinc.torn S.10 I S.11 589°0927"E SEGTION 14 9.15 S.14 1577.99` FRANKLIN ROAD —11 -- N$9°0927"W 466.93` NORTHWEST CORN eR _. r SEGTION 14 T.3N, RAW 9.M. ?' w a o ao o. w F'AKUF,L I ANNEXATIONJ2ONING AREA AREA- ±14.95 120,00 ' r i Exhibit "B" HS ONTA1 SOME.?"=.M THE LAND GROUP €HCOM MM 402 f45t Shoff DNm So90 100 40, 100083616 Pw, 208,0 "04 206,939:440 X TM CREEK EAST N NEXATIONIZONINT DESCRIPTION I ov 6i.� After recording, please return to: SCS Brighton, LLC do Amanda McCurry ADA COUNTY RECORDER Christopher D. Rich 2014-086872 BOISE IDAHO Pgs=5 CHE FOWLER 10/24/2014 12:08 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $22.00 12601 W Explorer Drive, Ste. 200 ELECTRONICALLY RECORDED- DO NOT Boise, Idaho 83713 REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS ART OF THE ORIGINAL DOCUMENT. n0@5A SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is from Kostka and Calnon LLC, an Idaho limited liability company ("Grantor"), to SCS Brighton LLC, an Idaho limited liability company ("Grantee"), whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit "A" attached hereto together with all of Grantor's rights, title and interest in and to all improvements thereon and all rights, water rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the "Property"). TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property, except current years taxes, levies, and assessments and the exceptions described in Exhibit "B" attached hereto and made a part hereof by this reference, and that Grantor will warrant and defend the same forever from all lawful claims of or through Grantor, but none other. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. END OF TEXT SPECIAL WARRANTY DEED — Page 1 After recording, please return to: SCS Brighton, LLC Go Amanda McCurry 12601 W Explorer Drive, Ste. 200 Boise, Idaho 83713 ELECTRONICALLY RECORDED • DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED A PART OF THE ORIGINAL ODCUMENT. aaQasag SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is from Kostka and Calnon LLC, an Idaho limited liability company ("Grantor"), to SCS Brighton LLC, an Idaho limited liability company ("Grantee"), whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit "A" attached hereto together with all of Grantor's rights, title and interest in and to all improvements thereon and all rights, water rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the "Property"). TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property, except current years taxes, levies, and assessments and the exceptions described in Exhibit "B" attached hereto and made a part hereof by this reference, and that Grantor will warrant and defend the same forever from all lawful claims of or through Grantor, but none other. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. END OF TEXT SPECIAL WARRANTY DEED — Page 1 EXECUTED TO BE EFFECTIVE AS OF THE ot? DAY OF OCTOBER, 2014. KOSTKA AND CALNON LLC, an Idaho limited liability company STATE OF IDAHO ) )ss. COUNTY OF ADA ) 4.4 On this day of October, 2014, before me, a Notary Public in and for said State, personally appeared A. �0s7KA , known or identified to me to be the AlA-N_ of Kostka and Calnon LLC, the limited liability company that executed the above instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. �01A-11r 6diary Public of Idaho Commission Expires: .2-p- .20/7 AUEM M3ES 'rj� Na..iM�Q�.0 NotWPu6ie•Smred'�deho R 88dae h.��,,,,,,,,,�� tAy.Canim'mdonF/p�e!CCOEw$lM1 SPECIAL WARRANTY DEED — Page 2 EXHIBIT A REAL PROPERTY DESCRIPTION Calnon to Smith Twelve Acres - Land Along West Property Line 30 July 2014 A parcel of land situate in the northeast of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at north quarter comer of said Section 14; thence N89037'5wW, 1,328.98 feet along the northerly boundary of said Section 14 to the northwest corner of the northeast quarter of the northwest quarter of said Section 14; thence S00006'37"W, 89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89037'56"E, 249.00 feet along the southerly right-of-way of the Von Lateral to the Point of Beginning: Thence continuing S89037'56"E, 466.93 feet along the southerly right-of-way of the Von Lateral; Thence S00°06'37"W, 607.69 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of the Ten Mile Drain; Thence S89°23'03"W, 466.96 feet along the northerly boundary of the Ten Mile Drain; Thence N00006'37"E, 615.71 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning. Zy A parcel of land situate in the northeast of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Page 1 of 2 EXHIBIT A TO SPECIAL WARRANTY DEED Commencing at north quarter corner of said Section 14; thence N89037'56"W, 1,328.98 feet along the northerly boundary of said Section 14 to the northwest corner of the northeast quarter of the northwest quarter of said Section 14; thence S00006'37"W, 89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89037'56"E, 249.00 feet along the southerly right-of-way of the Von Lateral; thence S00006'37"W, 735.71 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly boundary of Ten Mile Drain and to the Point of Beginning: Thence N89023'03"E, 466.97 feet along the southerly boundary of the Ten Mile Drain; Thence S00006'37"W, 511.74 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N89°39'03"W, 466.94 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 503.87 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning. Comprising a total of 12.00 acres, mote or less. Subject to easements or right-of-ways of record or apparent. This description has been prepared from information of record in the office of the Ada County, Idaho, Recorder. A land survey specific to this description has not been performed. Paae 2 of 2 EXHIBIT A TO SPECIAL WARRANTY DEED EXHIBIT B PERMITTED EXCEPTIONS � Liens, levies and assessments by Nampa & Meridian Irrigation District. i Except mineral or water rights, claims or title to mineral or water. Rights, rights of way, reservations and exceptions in the patent recorded in Book 2 of Patents, Page 167. Easement, including terms and provisions contained therein: Recording Infomtation: Book 92 of Deeds at Page 265 In Favor of: UNITED STATES OF AMERICA For: construction, operation and maintenance of Vaughan Lateral ✓ Agreement upon the terms, conditions and provisions contained therein: Dated: May 1, 1940 Parties: Elton C. Clapp and Emily Clapp, Nellie J. Neitzel, Serafin Lopez De Vinaspre, Maude M. Goulding, Lowell Manchester Recorded: July 15, 1940 Instrument No.: Book 16 of Contracts & Agreement at Page 605 and 606 The effect of a map purporting to show the land and other property, filed Survey No. 8173, Instrument No. 107170235 of Record of Surveys. ,-All matters disclosed by a record of survey recorded December 2, 2008 under recording no. 108128968, matters disclosed by a record of survey recorded December 22, 2010 under recording no. 110120744. ,/All matters disclosed by a record of survey recorded February 7, 2011 under recording no. 111012023. ✓AII matters disclosed by a record of survey recorded May 6, 2011 under recording no. 111037752. /License Agreement and the terms and conditions thereof: Between: Nampa & Meridian Irrigation District And: Ada County Highway District Recording Information: 113007238 EXHIBIT B TO SPECIAL WARRANTY DEED ADA COUNTY RECORDER Christopher D. Rich 2014-086873 BOISE IDAHO Pgs=3 CHE FOWLER 10/24/201412:08 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $16.00 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SCS Brighton LLC 12601 W. Fxplorer Drive, Suite 200 Boise, Idaho 83713 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED As FOR RECORDING INFORMATION ^^af PART OF THE ORIGINAL DOCUMENT. QUITCLAIM DEED FOR VALUE RECEIVED, Calnon Enterprises Limited Partnership, an Idaho limited partnership, and Kostka and Calnon, LLC, an Idaho limited liability company, the Grantor, does hereby convey, release, remise and forever quitclaim unto SCS Brighton LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, the Grantee, all of its right title and interest in the following described premises located in ,Ada County, Idaho, to wit: See Exhibit A attached hereto This deed is intended to convey to the Grantee, without warranty, all right, title and interest of the Grantor, if any, in and to said property. DATED this �3 day of October, 2014. Calnon Enterprises Limited Partnership By Kathleen A. Kostka, its General Partner Kostka and Calnon, LLC Kathleen A. Kostka, its Manager QUITCLAIM DEED - I RECORDING REQUESTED BYAND WHENRECORDED RETURN TO: SCS Brighton LLC 12601 W Explorer Drive, Suite 200 Boise, Idaho 83713 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS FOR RECORDING INFORMATION a PART OF THE ORIGINAL DOCUMENT. QUITCLAIM DEED FOR VALUE RECEIVED, Calnon Enterprises Limited Partnership, an Idaho limited partnership, and Kostka and Calnon, LLC, an Idaho limited liability company, the Grantor, does hereby convey, release, remise and forever quitclaim unto SCS Brighton LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, the Grantee, all of its right title and interest in the following described premises located in Ada County, Idaho, to wit: See Exhibit A attached hereto This deed is intended to convey to the Grantee, without warranty, all right, title and interest of the Grantor, if any, in and to said property. DATED this -3 day of October, 2014. Calnon Enterprises Limited Partnership By Kathleen A. Kostka, its General Partner Kostka and Calnon, LLC By 4' - Kathleen A. Kostka, its Manager QUITCLAIM DEED - 1 STATE OF IDAHO ) 6&I County of Ada ) 2� On this day of October, 2014, before me, the undersigned Notary Public in and for said State, personally appeared Kathleen A. Kostka, known or identified to me, to be the general partner in the partnership of Calnon Enterprises Limited Partnership, an Idaho limited partnership, and the partner who executed the within instrument on behalf of said limited partnership, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss. County of Ada tary Public for Idaho Residing at 60 -tau. My commission expires . 221 20 /7 JULMAH DES ffftvraek•stlliao ft Re"q in Ww MrOyn is aEgknoaa*22,2DI? On this ;-3"3 day of October, 2014, before me, the undersigned Notary Public in and for said State, personally appeared Kathleen A. Kostka, known or identified to me, to be a Manager of Kostka and Calnon, LLC, an Idaho limited liability company, and the person that executed the within instrument on behalf of said 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 in this certificate first above written. QUITCLAIM DEED - 2 X01 AA Y _ =tg&ry = Public for Idaho G PU9� Residing at , rso r � r� My commission expires 2-2-,--7-017 Tg Of JULIEPOS WM venae • stam d waAo NesidhS m Use Myaxmm,onEWIS. aaW22,2011 QUITCLAIM DEED - 2 EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381 Facsimile 208+342+5792 Calnon to Smith Ten Mile Drain Adjoining 6.6 Acre Smith Parcel 20 August 2014 A parcel of land situate in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at north quarter corner of said Section 14; thence N89037'56"W, 1,328.98 feet along the northerly boundary of said Section 14 to the northwest corner of the northeast quarter of the northwest quarter of said Section 14; thence S00006'37"W, 708.99 feet along the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to northerly boundary of the Ten Mile Drain and to the Point of Beginning: Thence N89023'03"E, 249.02 feet along the northerly boundary of the Ten Mile Drain; Thence S00°06'37"W, 120.00 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly boundary of the Ten Mile Drain; Thence S89023'03"W, 249.01 feet along the southerly boundary of the Ten Mile Drain to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 120.00 feet along the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning. Comprising 0.89 acres, more or less. This description has been prepared from information of record in the office of the Ada County, Idaho, Recorder. A land survey specific to thit description has not been performed. EXHIBIT A - QUITCLAIM DEED ADA COUNTY RECORDER Christopher D. Rich 2014-086874 BOISE IDAHO Pgs=3 CHE FOWLER 10124/201412:08 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $16.00 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: SCS Brighton LLC 12601 W. Ezptorer Drive, Suite 200 Boise, Idaho 83713 ELECTRONICALLY RECORDED. DO NOT REMOVE THE COUNTY. STAMPED FIRST PAGE As IT Is Now INCORPORATED As FOR RECORDING INFORMATION PART Of THE ORIGINAL DOCUMENT. . aag a� QUIT.CLAIM.DEED FOR VALUE RECEIVED, Calnon Enterprises Limited Partnership, an Idaho limited partnership, and Kostka and'Calnon, LLC, an Idaho limited liability company, the Grantor, does hereby convey, release, remise and forever quitclaim unto SCS Brighton LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, the Grantee, all of its right title and interest in the following described premises located in Ada County, Idaho, to wit: See Exhibit A attached hereto This deed is intended to convey to the Grantee, without warranty, all right, title and interest of the Grantor, if any, in and to said property. DATED this a?—? day of October, 2014. Calnon Enterprises Limited Partnership Bye Kathleen A. Kostka, its General Partner Kostka and Calnon, LLC By /If Kathleen A. Kostka, its Manager QUITCLAIM DEED - 1 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: SCS Brighton LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 ELECTRONICALLY RECORDED •00 NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS FOR RECORDING INFORMATION PART OF THE ORIGINAL DOCUMENT. QUITCLAIM DEED FOR VALUE RECEIVED, Calnon Enterprises Limited Partnership, an Idaho limited partnership, and Kostka and Calnon, LLC, an Idaho limited liability company, the Grantor, does hereby convey, release, remise and forever quitclaim unto SCS Brighton LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, the Grantee, all of its right title and interest in County, Idaho, to wit: See Exhibit A attached hereto the following described premises located in Ada This deed is intended to convey to the Grantee, without warranty, all right, title and interest of the Grantor, if any, in and to said property. DATED this a73 day of October, 2014. Calnon Enterprises Limited Partnership By �-27 � Kath een A. Kostka, its General Partner Kostka and Calnon, LLC ByCui�—r✓ Kathleen A. Kostka, its Manager QUITCLAIM DEED - 1 STATE OF IDAHO ) MIM County of Ada ) On this day of October, 2014, for said State, personally appeared Kathleen before me, the undersigned Notary Public in and A. Kostka, known or identified to me, to be the general partner in the partnership of Calnon Enterprises Limited Partnership, an Idaho limited partnership, and the partner who executed the within instrument on behalf of said limited partnership, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OgARy G =4• Push', •t�� %.,ATE Of STATE OF IDAHO ) ss. County of Ada ry Public fo Idaho Residing at My commission expires j" Mom No"Rft•swofkE tp Resift In use My Commiseien Expires Wo* 22, 2017 On this eWdday of October, 2014, before me, the undersigned Notary Public in and for said State, personally appeared Kathleen A. Kostka, known or identified to me, to be a Manager of Kostka and Calnon, LLC, an Idaho limited liability company, and the person that executed the within instrument on behalf of said 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 in this certificate first above written. RHOp�� ,1,0000 .. +' pTARy S •'. 1'UB�+� •,•p QUITCLAIM DEED - 2 ry Public f r ldaho Residing at My commission expires 7-z Z0/7 ,fwE RN00Es Notify puw • store of koro ResIft In Boise My Commission Expl*s WOW 22.2017 EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381 Facsimile 208+342+5792 Calnon to Smith Ten Mile Drain Adjoining 12 Acre Smith Parcel 20 August 2014 A parcel of land situate in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at north quarter corner of said Section 14; thence N89°37'56"W, 1,328.98 feet along the northerly boundary of said Section 14 to the northwest comer of the northeast quarter of the northwest quarter of said Section 14; thence S00°06'37" W, 89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89°37'56" E, 715.93 feet along the southerly right-of-way of the Von Lateral; thence S00006'3rw, 607.69 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of the Ten Mile Drain and to the Point of Beginning: Thence S00006'37"W, 120.00 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the southerly boundary of the Ten Mile Drain; Thence 889°23'03"W, 466.97 feet along the southerly boundary of the Ten Mile Drain; Thence N00°06'37"E, 120.00 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundaryof the Ten Mile Drain; Thence N89°23'03"E, 466.96 feet along the northerly boundary of the Ten Mile Drain to the Point of Beginning. Comprising 1.29 acres, more or less. This description has been prepared from information of record i, office of the Ada County, Idaho, Recorder. A land survey specific tc description has not been performed. EXHIBIT A - QUITCLAIM DEED AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, DfYY(D W- l [.LrW R5UL-L—, I LLf71 LU. QVL49(ZffP— Z00 IhC (name)-Cr)4AV 19��1 s-6 (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: MIC6}46L ).1.i}aQf�lr , /2!001 W 9APZ&26re-- X7_66 (name) 2-4!Diez�(address) 1� JB'3y13 to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day SUBSCRIBED AND SWORN to before me the day and yearfirstAove written. _. _........... , _ �Notal/Public for Idaho) L OTX Y PLIBUC ResidingaTP.I:Of !PAiiCJ My Commission Expires: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiaucity.org/planning VICINITY MAP SCS Brighton and Kostka & Calnon Properties West Franklin Road, Meridian, Idaho CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Canon Property Date: 9/17/15 Applicant(s)/Contact(s): Mike Wardle, Jon Wardle Joe Canning City Staff: Sonya, Bill, Jay, Denny Mindy Wallace Location: S. side of W. Franklin Rd.. E. of S. Ten Mile Rd. Size of Property: 65 Comprehensive Plan FLUM Designation: HDR; MHDR; MDR Design Guidelines Development Context: ❑ Urban X Urban/Suburban ❑ Suburban ❑ Rural Existing Use: SFR. aq Existing Zoning: RUT Proposed Use: MFR (300+/- units) Proposed Zoning: R-40, C -C, TN -C, TN -R Surrounding Uses: SFR, ag, future commercial/multi-family Street Buffer(s) and/or Land Use Buffer(s): 25' buffer along Franklin Rd.: 25' buffer to residential uses in C -C district Open Space/Amenities/Pathways: 10' pathway per Pathways Master Plan; open space/amenities - UDC 11-3G-3 & 11-4-3-27 Access/Stub Streets/Street System: Provide stubs/connect to streets/driveways to the south east & west: provide collector street at the mid -mile per the MSM Sewer & Water Service: Waterways/ Floodplain/Topography/Hazards: Ten Mile Creek bisects this site: other canals/ditches cross or abut this site. History: None Additional Meeting Notes: A floodplain development application is required per MCC 10-6 for the portion of site within the floodplain • Property will be required to be subdivided prior to issuance of building permits or further approvals on the site ■ 9�hmi# n rnnronfi nl rlovclnnmcn4 nhn fnr Oho annnv�4inn arno udr4r�..4 nnh.,nrL Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance X Development Agreement Modification ❑ Short Plat X Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment X Comprehensive Plan Amendment- Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment -Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants far permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. CQ W U S o. r ♦1 H Q r W z a � � M M J x v) p0 � q 0 L I -I � .4 BRIGHTON CORPORATION Neighborhood Meeting Notice September 18, 2015 Subject: SCS Brighton LLC / Kostka & Calnon LLC Comprehensive Plan Map amendment, annexation / rezoning, and development agreement applications will soon be submitted to the City of Meridian for the properties within the area depicted below and on the back of this page. Specific development plans will be the subject of future applications. An "open -house" has been scheduled to provide the opportunity for you to meet with project representatives to review these proposals in greater detail. Date Thursday, September 24, 2015 Time From 6.30 until 7:00 PM (You may come any time during that period) Location Lobby of Ten Mile Christian Church — 3500 W. Franklin Rd., Meridian If you have questions prior to the meeting, contact Mike Wardle, Brighton's Director of Planning - 287-0512 Brighton Corporation 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 www.briplrtoncorp.com TeL (208) 378-4000 Fax (208) 377-8962 T1vt @a� -L7✓a� COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. is • 15(-- Applicant/agent signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridimcity.org/manning C�E IDIAN =-- Community Development`` Parcel Verification Date: 8/26/15 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: TM CREEK EAST SUBDIVISION Parcel Numbers: S1214212820 (5.44 Acres) S1214212740 (1.286 Acres) S1214212580 (6.55 Acres) T/R/S: 3N 1W 14 Property Owner: SCS Brighton LLC 12601 W. Explorer Dr. #200 Boise, ID 83713 Address verification Rev: 04/23/12