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.
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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�
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- � Medium Density
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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:
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i� R-40
(C -C toning) a
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Mum Density
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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
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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
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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 .,
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RD i Mid -Mile Collector -Signal
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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
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NORTHWEST CORN eR _.
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Exhibit "B"
HS ONTA1 SOME.?"=.M
THE LAND GROUP
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NEXATIONIZONINT
DESCRIPTION
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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
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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
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QUITCLAIM DEED - 2
ry Public f r ldaho
Residing at
My commission expires 7-z Z0/7
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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.
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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