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.