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TM Creek East AZ MDA H-2015-0018CITY OF MERIDIAN I I ... FINDINGS OF FACT, CONCLUSIONS OF LAW El AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement (Instrument #1140457759) for TM Creek; and Annexation and Zoning of 14.93 Acres of Land with an R-40 Zoning District for TM Creek East, by SCS Brighton, LLC. Case No(s). H-2015-0018 For the City Council Hearing Date of: December 15, 2015 (Findings on December 22, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0018 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15, 2015, 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 a modification to the development agreement for TM Creek is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15, 2015, 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 -5B -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 -SB -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 December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0018 - 2 - By action of the City Council at its regular meeting held on the ZZ od day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL, MEMBER JOE BORTON VOTED _V— COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) w Ma or Tamde Weerd Attest: Jaycee I4o1 City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By. Dated: Ick City Clerk'NOffr / CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0018 - 3 - EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 1 STAFF REPORT Hearing Date: December 15, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Creek East – AZ, MDA (H-2015-0018) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, SCS Brighton, LLC, has applied for annexation and zoning (AZ) of 14.93 acres of land with an R-40 zoning district. A modification to the existing development agreement (MDA) (Instrument #1140457759) for TM Creek is also proposed to include the 14.93 acres of land that is the subject of the AZ request in the agreement. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and MDA applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard the AZ application on November 19, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: Gary Hanson iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on December 15, 2015. At the public hearing, the Council approved the subject MDA and AZ requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 2 c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0018, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0018, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located on the south side of W. Franklin Road, approximately ¼ mile east of S. Ten Mile Road, in the NW ¼ of Section 14, Township 3 North, Range 1 West. (Parcel #’s: S1214212820; S1214212740; S1214212580) B. Owner(s): SCS Brighton, LLC 12601 W. Explorer #200 Boise, Idaho 83713 Nampa & Meridian Irrigation District 1503 1 st Street South Nampa, ID 83651 Note: The Nampa & Meridian Irrigation District owns land in-fee between the north boundary of this site and ACHD right-of-way, and across the northeast corner of this site where the Vaughn Lateral is located. The applicant states in his narrative that he contacted Daren Coon, NMID Secretary-Treasurer, and he stated that the District doesn’t provide consent documents for applications such as this; however, they will not oppose the annexation of their property. C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer #200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 3 annexation and zoning application; and the City Council on the development agreement modification application, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2 and 16, 2015 (Commission); November 23 and December 7, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (City Council) D. Applicant posted notice on site(s) on: November 9, 2015 (Commission); December 2, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Franklin Road, a residential property and an auto repair shop, zoned I-L 2. East: Agricultural property, zoned RUT in Ada County 3. South: Agricultural property (annexed as Ten Mile Center), zoned C-G 4. West: Vacant/undeveloped property, zoned C-G, TN-C and R-40 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject properties currently exists in S. Ten Mile Road and W. Franklin Road. b. Location of water: Water main stubs intended to provide service to the subject properties currently exists in S. Ten Mile Road and W. Franklin Road. c. Re-use pressurized irrigation water: Re-use irrigation water service is currently stubbed into the subject property along W. Franklin Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Creek bisects this site and irrigation ditches run along the west and south boundaries of the site. The Vaughn Lateral runs along the north boundary of the site. The Vaughn Lateral right-of-way is owned in-fee by the Nampa & Meridian Irrigation District and separates the subject property from ACHD’s right-of-way for Franklin Road. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A p ortion of this site along the Ten Mile Creek is located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community’s support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community’s EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 4 commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). LAND USE : The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property as High Density Residential (HDR). HDR designated 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. Most developments within the HDR areas should fall within or below this range, although smaller areas of higher or lower density may be included. HDR areas are relatively compact and are located close to larger Mixed Use - Commercial (MU-C) and employment areas and other intensively developed lands. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements 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. (See pg. 3-7 for more information.) A detailed conceptual development plan was not submitted; however, the applicant did submit a concept plan that depicts multi-family residential uses on the subject property and retail, office, service commercial, professional office/medium-high density residential uses on the adjacent property to the east with arrows depicting internal and external circulation and the general alignment of a future mid-mile collector on the property to the east (see Exhibit A.2). A concurrent application (Calnon Properties) is in process to change the FLUM designation on the property to the east to MU-C and MU-R (Mixed Use Residential) and annex the property with C-C, TN-C and TN-R zones. Although the properties to the west (TM Creek) and south (Ten Mile Center) are yet to develop, they are designated on the FLUM as MU-C and Lifestyle Center respectively and are primarily zoned C-G with small areas of TN-C and R-40 zoning. The C-G zoning will allow for the most intense commercial development, which is desired adjacent to HDR designated areas. There is also property to the southeast (Ten Mile Center) zoned TN-C, TN-R and R-8 which will allow for the development of a mix of residential uses and commercial friendly neighborhood uses; and property further to the south (TM Crossing), zoned C-G. To the southwest across S. Ten Mile Road there is also commercially zoned property (C-C, TN-C, H-E and M-E) that will allow for a mix of commercial and employment uses (Ten Mile Crossing fka Meridian Crossing and Ten Mile Annexation). All of this land when developed will provide the mix of uses desired in the Ten Mile area and will provide the intensity of development desired adjacent to high density residential areas such as proposed. TRANSPORTATION : The Transportation System Map included in the TMISAP does not depict any future streets on this property that are part of the transportation network in the Ten Mile area. 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 matrix on page 3-49 lists the following design elements (& associated page numbers) as applicable to HDR designated areas: Architecture & Heritage (3-32); Street-Oriented Design – Residential Buildings (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building facades, Building Heights (general limit of 4 stories), Frontage (live/work unit frontage, urban residential frontage in commercial districts), Neighborhood Residential & Institutional, Roofs (flat, pitched) (3-37); Building Details – Screening of Mechanical Units and Service Areas (3-41); and Public Art (3-47). The following are some important design elements noted in the Plan that should be considered with development of this site: EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 5 • Placement: Attached/moderate or no setbacks • Height: 1 to 4 stories • Frontage: Porches/stoops (3-40). No front-loaded garages. Parking under structure or behind building. Staff recommendation: Staff finds development of this site with multi-family residential uses is consistent with the HDR FLUM designation for this site. Development should be consistent with the design elements noted above as referenced in the Plan. 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) The applicant proposes a high density multi-family development on this site which should contribute to the variety of residential categories available within the City. Staff is unaware of how “affordable” the housing options will be. • “Implement the City’s Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations.” (6.02.01A) A segment of the City’s multi-use pathway system is designated on this property along the north side of the Ten Mile Creek. This pathway will provide pedestrian and bicycle connectivity to and through this development when built out. • “Provide housing options close to employment and shopping centers.” (3.07.02D) This site will provide housing options in close proximity to employment and shopping centers to the east and south. • “Improve and protect creeks throughout commercial, industrial, and residential areas.” (5.01.01E) The Ten Mile Creek bisects this site from east to west and is required to be improved and protected with this development and will serve as a water amenity with a recreational pathway. • “Incorporate creek corridors as an amenity in development design.” (5.09.01F) Future development of this site should incorporate the Ten Mile Creek as an amenity with landscaping and a recreational pathway. • “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. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: 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 high-density residential (R-40) district EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 6 allows a maximum gross density of 40 dwelling units per acre (UDC 11-2A-1). A. Schedule of Use: UDC Tables 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40 zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping proposed with development of the site is required to comply with UDC 11-3B, 11- 3G and 11-4-3-27. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 14.93 acres of land with an R-40 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of HDR for this site. The applicant proposes to develop multi-family residential uses on this site. A conceptual development plan was submitted that depicts high density multi-family residential use of the subject property with arrows depicting internal and external circulation and the general alignment of a future mid-mile collector on the property to the east (see Exhibit A.2). A subsequent conditional use permit application will be required for approval of a multi-family development in the R-40 zoning district, per UDC Table 11-2A-2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Rather than a new DA, the applicant requests this property is incorporated into the existing DA for the property to the west (TM Creek, Instrument No. 1140457759), which is under the same ownership/development, through the concurrent MDA application. B. DEVELOPMENT AGREEMENT MODIFICATION (MDA) As noted above under the Annexation and Zoning section, the applicant requests a modification to the existing DA (TM Creek, Instrument No. 1140457759) to include the property that is the subject of the annexation and zoning request in the agreement. The provisions listed in the existing DA are included in Exhibit A.3. Staff’s proposed modifications are noted in strike- out/underline format. The applicant has not proposed any changes to the provisions. Because a specific development plan is not proposed at this time, staff recommends the following items pertaining to future development of the site be included and/or modified in the amended DA: (Modifications shown in strike-out/underline format) a. Modify #5.1g: "A cross-access/ingress-egress easement shall be granted to the property to the east (parcel #S1214212620) between properties and to adjacent properties via a note on the EXHIBIT A TM Creek East – AZ, MDA H-2015-0018 PAGE 7 plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer.” • Add a new provision (#5.1t): “A 10-foot wide multi-use pathway is required to be constructed along the southwest side of the Ten Mile Creek on the portion of the site that is west of Franklin Crossing Avenue; to the north along Franklin Crossing Avenue to the sidewalk along W. Franklin Road; and along the north side of the creek on the portion of the site that is east of Franklin Crossing Avenue. A crosswalk shall be provided across Franklin Crossing Avenue where the pathway crosses the street. The pathway(s) shall be constructed in accord with the Pathways Master Plan. Landscaping on either side of the pathway is required in accord with the standards listed in UDC 11-3A-8 and 11-3B-12C.” • Add a new provision (#5.1u): “The R-40 zoned portion of the site shall develop with multi- family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements 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.” • Add a new provision (5.1v): “A p ortion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis.” • Add a new provision (5.1w): “ The subject property shall be subdivided prior to issuance of any building permits for the site.” • Add a new provision (5. 1x): “The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future residential collector street access to W. Franklin Road as it will cross the Vaughn Lateral which is owned in-fee by NMID. A license agreement for landscaping within the required street buffer along W. Franklin Road will also be required.” In summary, Staff recommends approval of the proposed AZ and MDA applications for this site with the modifications listed in Exhibit A.3 of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Development Plan 3. Existing Development Agreement Provisions with Proposed Modifications B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 8 A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Exhibit A Page 9 Exhibit A.2: Conceptual Development Plan EXHIBIT A Exhibit A.3: Existing Development Agreement Provisions with Proposed Modifications Proposed Modifications are noted in Strike-Out/Underline format Sections 4 and 5 from the Development Agreement (Instrument No. 114045759): 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY : 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in Exhibit A.2 of the attached Findings and Staff Report. Future reconfiguration of the street may occur, if warranted by ACHD, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site shall be submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. f. The Ten Mile Creek shall remain open and be protected during construction except for approximately 380 feet of the creek nearest to Franklin Road which may be piped, as approved by City Council, contingent upon approval by the Army Corps of Engineers and Nampa Meridian Irrigation District. g. A cross-access/ingress-egress easement shall be granted to the property to the east (parcel #S1214212620) between properties and to adjacent properties via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south EXHIBIT A collector street, in accord with the TMISAP. j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. k. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts, in accord with the TMISAP. l. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20-foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11-3B-7C. m. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. n. All structures within the TN-C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. o. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application included in Exhibits A.3, A.4, and A.5 of the attached Findings and the conditions in the Staff Report. The site shall develop with a mix of office, commercial and residential uses as proposed. p. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC 11-3A-19, and the guidelines contained in the Meridian Design Manual. q. For streets & block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously-scaled display and transom windows, pedestrian–scaled signs and banners, and awnings or canopies for sun shading; r. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the plan in Exhibit A.7 of the attached Findings and Staff Report. s. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrigation District. t. A 10-foot wide multi-use pathway is required to be constructed along the southwest side of the Ten Mile Creek on the portion of the site that is west of Franklin Crossing Avenue; to the north along Franklin Crossing Avenue to the sidewalk along W. Franklin Road; and along the north side of the creek on the portion of the site that is east of Franklin Crossing Avenue. A crosswalk shall be provided across Franklin Crossing Avenue where the pathway crosses the street. The pathway(s) shall be constructed in accord with the Pathways Master Plan. Landscaping on either side of the pathway is required in accord with the standards listed in UDC 11-3A-8 and 11-3B-12C. u. The R-40 zoned portion of the site shall develop with multi-family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich EXHIBIT A and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. v. A p ortion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. w. The subject property shall be subdivided prior to issuance of any building permits for the site. x. The developer shall obtain a license agreement from Nampa & Meridian Irrigation District (NMID) for landscaping within the street buffer required along W. Franklin Road as it will likely be within the Vaughn Lateral right-of-way which is owned in-fee by NMID. Business Owner/Tenant Requirements: ty. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). uz. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. vaa. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: i. Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; iii. Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. The legal description and map in Exhibit C shall be included as an exhibit in the amended agreement for property subject to the agreement. EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT Please see Exhibit A.3 for the Planning Division’s recommended changes to the development agreement. 2. PUBLIC WORKS DEPARTMENT Specific development conditions will be set at the time of platting the subject property. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 A 10-foot wide multi-use pathway will be required with development of the site along the north side of the Ten Mile Creek in accord with the Meridian Pathways Master Plan. 7. ADA COUNTY HIGHWAY DISTRICT This application is for annexation and rezone only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 1. Franklin Road a. Franklin Road was recently reconstructed as a 5-lane roadway in conjunction with the Franklin Road Ten Mile to Linder Road project and is fully-improved. Therefore, no additional roadway improvements or right-of-way dedication on Franklin Road would be required as part of a future development application. 2. Ten Mile Crossing Drive a. As part of ACHD’s action on TM Creek located directly west of the site the construction of an east/west collector roadway, Ten Mile Crossing Drive, was approved. It is anticipated that Ten Mile Crossing Drive will extend through the site along its south property line providing access to the site stubbing to the east. The extension of Ten Mile Crossing Drive should be incorporated into the site as part of any future development application. 3. Access a. Franklin Road is classified as a principal arterial roadway; as such direct lot access is prohibited. Because of this the site should be designed with access off of Ten Mile Crossing Drive or the site should be accessed though cross access easements with adjacent properties. b. ACHD may consider temporary access onto Franklin Road if this site develops before access is available via Ten Mile Crossing Drive and the TM Creek Subdivision west of the site. EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, 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 to R-40 is consistent with the HDR FLUM designation for this site and should be compatible with existing and future uses in the area. 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 R-40 zoning district is consistent with the purpose statement of the residential district 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 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City.