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Calnon Properties H-2015-0017ADA COUNTY RECORDER Christopher D. Rich 2016-030845 BOISE IDAHO Pgs=56 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE II�IIII�II II'IIIIII'lllllll ('I' I" III IIIII II II'I) 00213788201600308460660669 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kostka & Calnon, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_ day of If-', \ , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Kostka & Calnon, LLC, whose address is 15210 30' Ave. Ct. NW, Gig Harbor, Washington 98332, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property, except for the portions thereof owned by the Nampa and Meridian Irrigation District and the Ada County Highway District; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of 55.55 acres of land with an C -C (Community Business District) (32.84 acres); TN -R (Traditional Neighborhood Residential) (8.95 acres); TN -C (Traditional Neighborhood Commercial (6.54 acres); and R-40 (High Density Residential) (7.22 acres) zoning districts (as described in Exhibit "A"), under the Unified Development Code, but has not determined how the Property will be developed and what improvements will be made except to be consistent with the MU -C and MU - R land use designations described herein; and DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 1 OF 11 1.5 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and 1.6 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23`d day of December, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Kostka & Calnon, LLC, whose address is 15210 30t' Ave. Ct. NW, Gig Harbor, WA 98332, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 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 the UDC. 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: a. Prior to any development occurring on the subject property, the Owner/Developer shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU -C and MU -R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Plan (TMISAP). No more than 30% of the ground level development within the MU -C designation shall be used for residences. No more than 40% of the land area within the MU -R area shall be utilized for non-residential uses. b. The subject property shall be subdivided prior to issuance of any building permits for the site. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property. d. Provide a minimum of 218 residential dwellings on the site of varying types (i.e. multi- family, single-family, townhouse, duplex, and/or vertically integrated). Note: The DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 3 OF 11 number of units provided may be greater than 218 units without a limit on the maximum of units. e. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. f. A 10 -foot wide multi -use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel # S1214233665) as the portions of the Property on which said pathway is to be located are developed. The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-311-12C. g. A minimum 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi -use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat. h. A portion 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 Owner/Developer 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. i. Direct lot access via W. Franklin Road, an arterial street, is prohibited under UDC 11-3A- 3, unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S 1214212580, S1214212820 or S1214212740) and to the property to the east (parcel R 8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross -access shall also be granted between future lots within this development as applicable. k. The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development. 1. The Ten Mile Creek shall remain open and be protected during construction. in. The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future 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. n. With the development of the Property, the Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in -fee by NMID. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 4 OF 11 o. To the extent applicable at the time of Certificate of Zoning Compliance application, design elements compatible with the matrix on page 3-49 of the TMISAP for the MU -C and MU -R designated areas shall be provided with the development as follows: Architecture & Heritage (3-32); Street -Oriented Design — Commercial & Mixed Use buildings and Residential Buildings (MU -R only) (3-33); Buildings to Scale (3- 34);Neighborhood Design (3-36); Building Form and Character — Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details — Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU -C only) (3-41); Signs (3-46); and Public Art (3-47). p. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. q. This property borders a domestic water pressure zone boundary, and therefore with development, the Owner/Developer shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Owner/Developer shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the Owner/Developer shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. s. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the Owner/Developer agrees to use the City of Meridian's recycled water supply as the primary source of irrigation water. Further, the Owner/Developer agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding the city's ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation if available. t. The Owner/Developer shall be responsible to construct the recycled irrigation system in accordance with the Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 5 OF 11 requirements do not waive the Owner/Developer's responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements: u. Business hours of operation in the C -C 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). v. 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 of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. w. 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 to the extent the said design elements are applicable at the time of Certificate of Zoning Compliance application: 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; in. 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 6 OF I I failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 7 OF 11 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Kostka & Calnon, LLC 15210 30th Ave. Ct. NW Gig Harbor, WA 98332 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 8 OF 11 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Kostka & Calnon, LLC sMEPANI-a CITY OF MERIDIAN .a .t Mayortannny de Weerd ATTEST: Go�0 CBDAu�Ls�Jl9 City of EI�IDIAM IDAHO •GG L. 1`1`ViIRYCIY'—i_ 1Ly 1�1G111 S EAL q0` •Ge 7k.�•5��0 DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 10 OF 11 "CW'1-4004 STATE OF ) f ss: County of , ) On this Wtdayof 016, before me, the undersigned, a Notary Public in and for said State, personally appeared leek A<bf4 , known or identified to me to be the of Kostka & Calnon, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written ( AL) Notary Public State of Washington KEITH W PAGE My Appointment Expires Oct 8, 2016 STATE OF IDAHO ) ss County of Ada ) Notary Public for °tom Residing at: My Commission Expires: 1 On this day of d r; , 2016, before me, a Notary Public,--' �nC5 personally appeared Tammy de Weerd and , know or identified to in to be the ° `� Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �• 0 (SEAL) �' , �• • LAI (�I • •y . °•• OF IDAI�O •••• 96Lmelu-- L -1bo Notary Public f Idaho Residing at: (Q10 Commission expires: DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 11 OF 11 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. nnlse, ID 83705 Telephone 208+++3392Facslmlle 208+342+5792 Kostka/Gainon Meridian Annexation 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast comer of said Section 14; thence N89041'46'W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning: Thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53'E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89"40'48°W, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of sold Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°3903"W, 612.67 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00006'37"E, 1,328.43 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 said Section 14; Thence $89°37'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning. Comprising 55.55 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjolning the Kostka/Calnon lands. ' . EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+33$1 Facsimile 208+342+5792 Kostka/Calnon Zone C -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning: Thence returning S89°41'26'E, 786.89 feet along the northerly boundary of said Section 14; Thence 800°06'24°W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 676°54'53°E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00906'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence 875003'037W, 180.21 feet along the centerline of the Ten Mile Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the right, with a radius of 286.50 feet, a central angle of 19"21'430, a long chord of 96.36 feet and a chord bearing of S84a42'1IW- Thence N86°36'579W, 1,653.70 feet along the centedine of the Ten Mille Stub Drain; Thence 889023'03"W, 22.92 feet along the centerline of the Ten Mile Stub Drain: Thence N00006'37"E, 756.70 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 said Section 14; Thence 889037'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning, Comprising $2.84 acres, more or less. This description includes public rights-of-way and irrigation faci/iti, reside within or adjoining the KostkalCainon lards. EXHIBIT A B & A Engineers, Inc. Consulting Bnglneers & Land Surveyors 5505 West Franklin Road. Boise, ID 037U5 Telephone 2084-343+3381 PAOSimile 208+342+5792 KostkafCainon Zone TN -R 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 14; thence N89041'46'W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00"06'24W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence 800006'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centedine of the Ten Mile Stub Drain and to the Point of Beginning: Thence continuing 300"06'24'W, 512.11 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter ofthe northeast quarter of said Section 14; Thence N89040'48"W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence N00019'12"E, 494.20 feet to the centerline of the Ten Mile Stub Drain; Thence S65036'57"E, 550.05 feet along the centerline of the Ten Mille Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the left, with a radius of 286.50 feet, a central angle of 19°21'43", a long chord of 96.36 feet and a chord bearing of N84o42'11"E; Thence N75°03'03"E, 180.21 feet along the centerline of the Ten Mile Stub Drain to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 and to the Point of Beginning Comprising 8.95 acres, more or less. This description includes public rights-of-way and irrigation facilities It reside within or adjoining the Kostka/Calnon lands. EXHIBIT A B & A Engineers, Inc. Con sultlUg Engineers & Land Surveyors 5505 West Franklin Road. Noise, ID 83705 'telephone 208+343+3381Facsltulie 208+342+5792 Kostka/Calnon Zone TN -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast comer of said Section 14; thence N69"41'46"W, 2,657.7a feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89041126"E, 788,89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence 576054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N89040'48"W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the Point of Beginning. Thence continuing N89040'48"W, 509.03 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 1410 the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°39'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00"20'57"E, 100.00 feet; Thence 471.37 feet along a tangent curve deflecting to the right, with a radius of 600.00 feet, a central angle of 45000'46", a long chord of 459.34 feet and a chord bearing of N22°51'20"E to the centerline of the Ten Mile Stub Drain; Thence 8135036'57"E, 424.97 feet along the centerline of the Ten Mille Stub Drain; Thence 800019'12"W, 494.20 feet to the Point of Beginning. Comprising 6.54 acres, more or less. This description includes public fights -of -way and irrigation facilities that reside within or adjoining the KostkalCelnon lands. EXHIBIT A B & A Engineers, Inc. Consulting Roglneers & Land Survuyors 5505 West Rranklin Road. Bolsa, ID 8970S Telephone 208+343+338IFacslmlTe' 209+342+5792 Kostka/Calnon Zone R40 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast comer of said Section 14; thence N69041'46w, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89041'26"E, 786,89 feet along the northerly boundary of said Section 14; thence 800006'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast comer of the northwest quarter of the northeast quarter of said Section 14; thence 1489°40'48'9N, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; thence N89039'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning, 'thence N89039'03"W, 521.70 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 571.73 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Drain; Thence N89"23'03'E, 22.92 feet along the centerline of the Ten Mile Stub Thence S85036'57"E, 678.68 feet along the centerline of the Ten Mile Stub Drain; Thence 471.37 feet along a non -tangent curve deflecting to the left, with a radius of 600.00 feet, a central angle of 45000'46", a long chord of 459.34 feet and a chord bearing of 822051'20'W; Thence 800'20'67"W, 100.00 feet to the Point of Beginning. yY. Comprising 7.22 acres, more or less, ` u This description includes public rights-of-way and irrigation facilities that reside within or adjoining the KostkelCalnon lends, Cor. r 14 ea•srsa•r: 1J2e. at N.1/4 Cor. Ser A AOl?T•aNA ,1,A — W. Franklin Road me Gar. See a ua1•rA•A 132S.6o• --,, x Or. 0,14 e:,t.-Ptrrr.r• g i Kostka/Calnon rl+1..•tu,re rA.,.ar•n.ei• cc •e Lands .�i aiodt. "�' t� Situate ie rhe R.rlheau O.arr.r ~ of rho hbtrhe.Ar Ovorrer one Ty9 tho N.rlb.nrr ovurt.r of the w; Norrh.o+r Ovarl.r of SYart.A M. � f it�nw•e Oaa��." cc !ee Rr/e 3 Dr.1+ DAtet 16 Novenb.r 2013 - x a•ae�gy_ D A A EAgrneerf. ler. nr•.rt.aa, / •r.:►a r tara.u• AM. a/r..+e•eevr rr.,eMft. Se• CA A,.rr„•x as •ar •ae•r—� AN.e.•!!P N' Ito P I � Q Praporsd a'I Colf.eror �� i 0 Y, lal.IO' } ro,J xer•a,•oa•r eu.u• .al' x, ///6fh Cor. me Gar. See a ua1•rA•A 132S.6o• --,, x Or. 0,14 e:,t.-Ptrrr.r• g Kostka/Calnon rl+1..•tu,re rA.,.ar•n.ei• •e Lands .�i aiodt. "�' t� Situate ie rhe R.rlheau O.arr.r of rho hbtrhe.Ar Ovorrer one Ty9 tho N.rlb.nrr ovurt.r of the Norrh.o+r Ovarl.r of SYart.A M. y°8 �S Tore:h/p J North. Range / Ftert. 4Ct�S Boise lfarrdlaA. Ado Corery. tdoho DAtet 16 Novenb.r 2013 D A A EAgrneerf. ler. +ro aa• 206•JIJ•JJS! r tara.u• r1/6,h C.” EXHIBIT B Findings of Fact and Conclusions of Law and Decision and Order EXHIBIT B CITY OF MERIDIAN E IDIAN: -- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on 40.06 Acres of Land from Medium High and High Density Residential to Mixed Use Commercial and 15.49 Acres of Land from Medium, Medium -High and High Density Residential to Mixed Use Residential; and Annexation and Zoning of 55.55 Acres of Land with the C -C (40.06 acres), TN -C (5.46 Acres), and TN -R (10.03 Acres) Zoning Districts, by Kostka & Calnon, LLC/Calnon Enterprises, LTD. Case No(s), H-2015-0017 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 fiom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. 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 Cleric upon the applicant, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2015-0017 - 1 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of 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 an amendment to the Future Land Use Map contained in the Comprehensive Plan 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 -5B -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-2015-0017 - 2 - By action of the City Council at its regular meeting held on the '02 t day of �> 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDie� COUNCIL VICE PRESIDENT KEITH BIRD VOTED t COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED- �� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor a - e-Weerd Attest: GJ 2l✓U City of j ERIDIAN-- snnno a aycee o man ``ter SEAL City Clerk \' «� f;r,5.";' Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: City�erk's O CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FI -2015-0017 - 3 - EXHIBIT A STAFF REPORT Hearing Date: December 15, 2015 �T TO: Mayor &City Council C> E IDIAl�) FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Calnon Properties — AZ, CPAM (H-2015-0017) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kostka & Calnon, LLC/Calnon Enterprises, LTD, has applied for annexation and zoning (AZ) of 55.55 acres of land with the C -C (40.06 acres), TN -C (5.46 acres), and TN -R (10.03 acres) zoning districts. An amendment to the Comprehensive Plan Future Land Use Map (FLUM) (CPAM) contained in the Ten Mile Interchange Specific Area Plan (TMISAP) is also proposed to change the land use designation on 40.06 acres of land from Medium High and High Density Residential to Mixed Use Commercial; and 15.49 acres of land from Medium, Medium -High and High Density Residential to Mixed Use Residential. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CPAM applications (as modified by staff in concurrence with the applicant) in accord with Exhibit A.4, 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 these items on November 19, 2015. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: L In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The Commission was conflicted in determining the number of residential units/densit appropriate for this site and left it up to the Council to determine if the staff recommendation is appropriate or if a lesser number/density would be more appropriate (see condition #l.l.ld). c. Key Commission Changes) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: L None The Meridian City Council heard these items on December 15, 2015, At the public hearing, the Council approved the subject CPAM and AZ requests. a. Summary of City Council Public Hearing: L In favor: Mike Wardle and David Turnbull, Brighton Corporat on Calnon Properties — AZ, CPAM H-2015-0017 PAGE 1 EXHIBIT A ii,. In opposition: None Rh Commenting: None iy� Written testimony: Mike Wardle L Staff presenting application: Sonya Watters A Other staff commenting on application• None b� Key Issues of Discussion by Council: L The minimum number of residential units appropriate to be provided on this site c ky Council Changes to Staff/Commission Recommendation L Modify DA provision #l.l.ld to require a minimum of 218 dwelling units (instead o 380) to be provided on the site without a limit on the maximum number of units iL Modify DA provision #1.1.1 i which prohibits direct access via W. Franklin Road to include the language. "unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application.L11 U pproved the change in zon. . ,requested by the applicant (see Exhibit Cl. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0017, 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-2015-0017, 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-2015-0017 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 located at 2215 W. Franklin Road, in the northern %2 of Section 14, Township 3 North, Range 1 West. (Parcel #'s: S 1214120710; S 1214121134; S 1214212622; S 1214121133; and S1214121172) B. Owner(s): Kostka & Calnon, LLC 2215 W. Franklin Road Meridian, Idaho 83642 Nampa & Meridian Irrigation District 1503 1" Street South Nampa, ID 83651 Note: Tlie 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 Daren stated that the District doesn't provide consent documents for applications such as this; however, they will not oppose the annexation of their property. Calnon Properties — AZ, CPAM H-2015-0017 PAGE 2 EXHIBIT A C. Applicant: Kostka & Calnon, LLC/Calnon Enterprises, LTD 2215 W. Franklin Road Meridian, Idaho 83642 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 a comprehensive plan map amendment. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, 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 rural residential and agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Franklin Road and industrial property, zoned I -L 2. East: Land in the development process, zoned TN -R and C -C; and single-family residential properties (Whitestone Estate Subdivision), zoned R-4 3. South: Agricultural property (Ten Mile Center), zoned C -G, TN -C, TN -R and R-8 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Franklin Road. b. Location of water: Water mains intended to provide service to the subject property currently exists in W. Franklin Road and W. Cobalt Street. c. Re -use pressurized irrigation water: A re -use irrigation main intended to provide service to the subject property currently exists in W. Franklin Road. d. Issues or concerns: None E. Physical Features: Calnon Properties — AZ, CPAM H-2015-0017 PAGE 3 EXHIBIT A Canals/Ditches Irrigation: The Ten Mile Creek bisects this site (east/west). The Vaughn Lateral nuns along the north boundary of the site and across the northeast corner 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. The Vaughn lateral is piped along the north boundary and open across the northeast corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion 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 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 fiiture businesses and residents (pg. ix). LAND USE (CURRENT): The Future Land Use Map (FLUM) contained in the TMISAP currently designates the subject 55+/ - acre property as Medium Density Residential (MDR) (14+/- acres), Medium -High Density Residential (MHDR) (17+/- acres), and High Density Residential (HDR) (24+/- acres). MDR: MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. MHDR: Areas designated MHDR are recommended primarily for relatively dense multi -family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average density of 12 dwelling units per gross acre. Generally, densities should range from 8-15 units per acre. HDR: HDR areas are multiple -family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre with up to 50 units per acre in a multi -story project. The design and orientation of new HDR buildings should be pedestrian -oriented and special streetscape improvements should be considered to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. LAND USE (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 40.06 acres of land from MHDR and HDR to MU -C (Mixed Use - Commercial); and 15.49 acres of land from MDR, MHDR, and HDR to MU -R (Mixed Use - Residential). Calnon Properties — AZ, CPAM H-2015-0017 PAGE 4 EXHIBIT A MU -C: MU -C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU -C areas, 3 more significant uses also tend to be larger scale projects. 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. An overall target density of 8-12 dwelling units (d.u.) per (n acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU -C designation should be used for residences. (See pg. 3-9 for more information) MU -R: MU -R designated areas encourage a diversity of compatible land uses that may include a mixture of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. This designation requires developments to integrate the three major use categories — residential, commercial, and employment. Live - work units are strongly encouraged in the MU -R areas, as are a variety of other housing types. Office, employment and commercial uses are generally small in scale and focused on neighborhood services within the MU -R areas. Traditional neighborhood design concepts are essential. Development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across several parcels. No more than 40% of the land area within the MU -R area should be utilized for non-residential uses; an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects, is desired. (See pgs. 3-8 thru 3-9 for more information.) A detailed conceptual development plan was not submitted; however, the applicant did submit a concept plan that depicts retail, office, and service commercial uses within the proposed MU -C area and professional office/medium-high density residential uses within the proposed MU -R. High density multi -family residential uses are shown on the adjacent property to the west (TM Creek East). Arrows depicting internal and external circulation and the general alignment of a future mid -mile collector street are also depicted (see Exhibit A.2). The proposed office/medium-high density residential uses within the MU -R area south of the Ten Mile Creek and east of the future collector street will provide a transition in uses to existing and future medium density single-family residential properties to the east and south and future traditional neighborhood conurrercial and residential uses to the south — Staff is amenable to this portion of the plan. However, Staff does have some concerns with the remainder of the proposed changes, as follows: The concept plan for the proposed MU -C area does not include a residential component as required. The proposed retail and service commercial uses may count toward the commercial category and office uses may count toward the employment category. The concept plan for the proposed MU -R area does not include a comrnercial component as required. The proposed office uses count toward the employment category and the medium- high density residential counts toward the residential category. The overall 55 acre site is currently designated entirely for residential uses at varying densities from medium to high with an expected target of 508 dwelling units. This calculation assumes development with a 25% loss to infrastructure and open space and the average target density of each land use designation (8-MHDR, 5 -MDR and I5 -HDR) — the land owned by NMID where the Vaughn Lateral is located and the creek are excluded. Within the proposed MU -C designation, no more than 30% (or 12 acres) of the ground level Calnon Properties — AZ, CPAM H-2015-0017 PAGE 5 EXHIBIT A development (40 acres) should be residential; and within the proposed MU -R designation, no more than 40% (or 6.2 acres) of the land area (15.5 acres) should be non-residential. This results in a maximum of 18.2 acres (excluding the Ten Mile Creek) overall that call develop with residential uses if the maximum amount of non-residential uses develop in the MU -C area and the maximum amount of residential uses develop in the MU -R area which results in an expected target of 136 dwelling units — a significant difference from that currently anticipated. This calculation assumes development with a 25% loss to infrastructure and open space and the average target density of the proposed land use categories (10 -MU -C and 10 -MU -R) — the land owned by NMID where the Vaughn Lateral is located and the creek are excluded. While not necessarily the burden of this application area, it should be understood that cumulative changes to this area of the TMISAP, east of Ten Mile Road, have likely resulted in the loss of employment and residential densities needed to support transit supportive development. The loss of employment and residential acreage, and the loss of transit supportive densities, may limit firture transportation services and have long-range transportation implications. However, realizing a significant, higher -density residential component is still important to the long -terns viability of the area. Cumulative changes to future land uses within the Ten Mile Interchange have resulted in significantly more commercial property than originally planned. With both employment and residential densities lessened, in this application area and elsewhere within the specific area plan, it is unclear how a further reduction of residential acreage and increased cormnercial acreage, can be supported within this area of Meridian. In consideration of the above points, Staff recommends a change to the applicant's CPAM proposal as follows: the entire area north of the creek (33+/- acres) should be designated MU -C and the entire area south of the creek (22+/- acres) should be designated MU -R on the Future Land Use Map. Further, a mix of uses from the 3 major use categories (i.e. commercial, employment and residential) should be developed within each land use category as required. See Section LXAnalysis below for more it formation on zoning and density recommended for this area. TRANSPORTATION: The Transportation System Map included in the TMISAP depicts a residential collector street ("towncenter collector" on the Master Street Map) north/south through this site to W. Franklin Road with a roundabout at the intersection (see below). A street section from the TMISAP for a residential collector street is also shown below. Calnon Propeities — AZ, CPAM H-2015-0017 PAGE 6 EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 7 The street classification and design will be determined in the future when a more detailed development plan is submitted. The street section for a towncenter collector street is similar to a residential collector street in the TMISAP but has a center turn lane and no buffer/setback on the back side of the sidewalk to the adjacent building. 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 MU-C and MU-R designated areas: Architecture & Heritage (3-32); Street-Oriented Design – Commercial & Mixed Use buildings and Residential Buildings (MU-R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3-41 thru 3-45); Signs (3- 46); and Public Art (3-47). Traditional neighborhood design concepts with a pedestrian focus are essential in the MU-R and MU- C areas with higher density buildings close to the street, easy pedestrian access, narrower streets to EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 8 slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street in MU-R areas; and quality building and site design and an attractive pedestrian environment with a strong street character in MU-C areas. 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 medium-high density residential uses on the southeast portion of the site and staff recommends a mix of other residential uses including high density is provided which will 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 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 property is ideal to provide housing options in close proximity to employment and shopping centers on the site as well as to the west and south.  “Improve and protect creeks throughout commercial, industrial, and residential areas.” (5.01.01E) The Ten Mile Creek bisects this site (east/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 along the north side of the creek.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.).” (3.05.02A) Future development will be required to incorporate design elements from the TMISAP consistent with the MU-C and MU-R designated areas.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Direct access to W. Franklin Road, an arterial street, is restricted to the future collector street that will be constructed on this site with development; direct lot access will be prohibited. Cross-access will be required internally as well as to adjacent properties as applicable.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The site is adjacent to a major access thoroughfare, Ten Mile Road/I-84, and the Ten Mile Creek that runs through this site which will provide an open space corridor. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 9  “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. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a mixed use commercial and residential development. However, there are no specific uses proposed with this application. To promote quality design, all future structures, except for single-family detached homes, will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated entirely for residential uses ranging from medium to high density. The applicant proposes to change the land use designation on 40 acres of the site to MU-C and 15.5 acres of the site to MU-R which requires a mix of commercial, employment and residential uses; staff recommends a change to the applicant’s request to 33+/- acres of MU-C and 22+/- acres of MU-R. These designations will allow a mix of residential housing types to be provided within this development which will contribute to the variety of housing options available within the City and the commercial portion will provide services to area residents. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for a wide variety of residential densities from medium to high density. Because the site is located adjacent to an arterial street EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 10 (W. Franklin Road) and a major transit corridor (S. Ten Mile Road/I-84), Staff believes the proposed and recommended MU-C and MU-R designations are appropriate for this site. e. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. No comments have been received from the West Ada School District to determine if the school facilities and student transportation in this area are adequate to serve additional residents. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the existing plan for the site is residential, the proposed FLUM amendment as recommended by staff to MU-C and MU-R will likely increase traffic within this area of the City. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources although the Ten Mile Creek does run through this site which will remain open as a water amenity for the development. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 248 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. l. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. Staff is of the opinion the proposed mixed use development is consistent with the proposed and recommended future land use designations of MU-C and MU-R. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 11 Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on September 24, 2015 of which 6 people attended (see sign-up sheet included in application). STAFF ANALYSIS: Because this site is located just east of S. Ten Mile Road, an entryway corridor into the City, and south of W. Franklin Road, a planned commercial arterial street, and industrial property to the north, staff believes the MU-C and MU-R designations and associated zoning is appropriate in this area as it will allow a wide variety of commercial, residential, and employment uses easily accessible via I-84 and the arterial street network. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: 1. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). The C-C district is a larger scale and broader mix (than the C-N district) of retail, office, and service uses with access to arterials or nonresidential collectors. 2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C district is pedestrian oriented, and it is designed to encourage pedestrian connection with a traditional neighborhood district. TN-C district uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. The purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. A TN- R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The minimum density is 8 units/acre and the maximum density is 15 units/acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R district should be generally located adjacent to a TN-C district, along a transit corridor, or within a mixed use neighborhood. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 12 3. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range (UDC 11-2A-1). The high-density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre. B. Schedule of Use: UDC Tables 11-2B-3 and 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-C and TN-C & TN-R zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C district, 11-2D-5 for the TN-C district, and Table 11-2D-6 for the TN-R zoning district. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for residential uses and 11-3C-6B for non-residential uses in residential, commercial, and traditional neighborhood districts. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 40.06 acres of land from MHDR and HDR to MU-C (Mixed Use - Commercial); and 15.49 acres of land from MDR, MHDR, and HDR to MU-R (Mixed Use - Residential). Staff is supportive of most of the applicant’s request but recommends a change to the land use designation proposed south of the Ten Mile Creek and west of the future collector street as noted above in Section VII, Land Use (Proposed) and as shown in Exhibit A.4. See Section VII for more information. B. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 55.55 acres of land with the C-C (40.06 acres), TN-C (5.46 acres) and TN-R (10.03 acres) zoning districts (see zoning map in Exhibit A.3). As noted above in Section VII, the applicant submitted a concept plan that depicts retail, office, and service commercial uses within the proposed MU-C area with C-C zoning; and professional office/medium-high density residential uses within the proposed MU-R area with TN-C and TN- R zoning. Multi-family residential uses are shown on the adjacent property to the west (TM Creek East). Arrows depicting internal and external circulation and the general alignment of a future mid-mile collector street are also depicted (see Exhibit A.3). In accord with Staff’s recommended change to the FLUM for the area south of the creek and west of the future collector street [noted above in Section VII, Land Use (Proposed)], Staff recommends a zoning change from the proposed C-C to the R-40 district for 9.3 acres of land. Further, Staff recommends a slight reconfiguration of the proposed TN-C and TN- R districts as follows: 6.9 acres of TN-C zoning on either side of the future collector street south of the creek at a depth of 300 feet from centerline; and 6.5 acres of TN-R zoning on the remainder of the site south of the creek and east of the collector street and TN-C zoning. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 13 This leaves 32.9 acres of C-C zoning on the north side of the creek. See Exhibit A.4. The R-40 zoning will enable the development of high density residential uses as desired in this area which will merge with that to the west for a larger development area. This zoning should be compatible with future development to the south in the C-G and TN-C districts, to the north in the C-C district and to the east in the TN-C district. The TN-C and TN-R zoning will accommodate the office/medium-high density residential uses proposed by the applicant. The TN-C zoning will allow traditional neighborhood style development on either side of the collector street which will provide a transition from development in the C-C zone to the north and will merge with the future traditional neighborhood uses to the south. It will also allow for a wide variety of small scale retail, commercial and community service uses. The TN-R zoning will allow for the development of a daycare center as well as other residential types (e.g. single-family attached/detached, townhouses, duplex, multi- family, and vertically integrated residential uses). It will provide a transition in uses and zoning to existing and future medium density single-family residential properties to the east and south. The C-C zoning will allow small scale retail, office and service commercial uses as proposed, as well as a wide variety of commercial uses such as restaurants, drive-through establishments, and personal & professional services; employment uses such as offices, daycare center, industry information, and hotel/motel; and residential uses such as multi-family and vertically integrated residential. Overall, the zoning proposed by the applicant, and as refined by staff, will allow for the development of a mix of residential, commercial and employment uses as required in MU-C and MU-R designated areas. To ensure a density compatible with the TMISAP for this site while still compromising on the overall land uses for this area, staff recommends a minimum of 380 units are provided on the overall site. This calculation is based on 9.3 acres of R-40 at 25 d.u./acre=233 d.u./acre; 30% (10+/- acres) of the land area of the C-C zone (33+/- acres) at a density of 10 d.u./acre=100 d.u./acre; and 75% (4.55+/- acres) of the land area of the TN-R zone (6.5+/- acres) at a density of 10 d.u./acre=48 d.u./acre. (NOTE: These calculations are meant to show how the overall number of dwelling units could be dispersed. They are not meant to dictate that each zone contain that number of dwelling units. Staff recommends a minimum number of units be provided somewhere across the 55 acre site.) The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Staff recommends revised legal descriptions and an exhibit map are submitted prior to the City Council meeting that reflects staff’s recommended zoning. 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 and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B as follows:  Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C and MU-R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. No more than 40% of the land area within the MU-R area shall be utilized for non-residential uses. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 14  The subject property shall be subdivided prior to issuance of any building permits for the site.  The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property.  Provide a minimum of 380 residential dwelling units on the site of varying types (i.e. multi-family, single-family, townhouse, duplex, and/or vertically integrated).  Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application.  A 10-foot wide multi-use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel #S1214233665). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11 -3A- 8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-3B-12C.  A minimum 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat.  A portion 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.  Direct lot access via W. Franklin Road, an arterial street, is prohibited per UDC 11-3A-3.  A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214212580, S1214212820 or S1214212740) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable.  The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development.  The Ten Mile Creek shall remain open and be protected during construction.  The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future 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.  The Vaughn Lateral shall be piped where it is currently open on the site if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in-fee by NMID.  Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C and MU-R designated areas shall be provided with development as follows: Architecture & Heritage (3-32); Street-Oriented Design – Commercial & Mixed Use buildings and Residential Buildings (MU-R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 15 Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3-41 thru 3-45); Signs (3-46); and Public Art (3-47).  Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development.  This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process.  The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station.  The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available.  The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements:  Business hours of operation in the C-C 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).  A Certificate of Zoning Compliance and Design Review Application is required to be submitted to the Planning Division for approval prior to issuance of building permits of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual (if applicable), and the TMISAP.  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 EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 16 design elements from the TMISAP shall be incorporated into the development: o 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. o 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; o 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. In summary, Staff recommends approval of the proposed CPAM and AZ applications as recommended by staff with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Existing & Applicant’s Proposed FLUM 3. Conceptual Development Plan & Proposed Zoning 4. Staff Recommended FLUM & Zoning B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning/Aerial Map EXHIBIT A - 2 - Exhibit A.2: Existing and Applicant’s Proposed Future Land Use Map EXHIBIT A - 3 - Exhibit A.3: Conceptual Development Plan & Proposed Zoning EXHIBIT A - 4 - Exhibit A.4: Staff Recommended FLUM & Zoning EXHIBIT A - 5 - EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: Property Owner/Developer Requirements: a. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU -C and MU -R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU -C designation shall be used for residences. No more than 40% of the land area within the MU -R area shall be utilized for non-residential uses. b. The subject property shall be subdivided prior to issuance of any building permits for the site. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property. d. Provide a minimum of 388 218 residential dwelling units on the site of varying types (i.e. multi -family, single-family, townhouse, duplex, and/or vertically integrated). Note: The number of units provided may be greater than 218 units without a limit on the maximum number of units. e. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. f. A 10 -foot wide multi -use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel #S1214233665). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-313-12C. g. A minimum 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi -use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat. h. A portion 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. i. Direct lot access via W. Franklin Road, an arterial street, is prohibited per UDC 11-3A-3} unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application. j. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214212580, S1214212820 or S1214212740) and to the property to the east (parcel -6- EXHIBIT A #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross -access shall also be granted between future lots within this development as applicable. k. The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development. 1. The Ten Mile Creek shall remain open and be protected during construction. in. The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future 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. n. The Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in -fee by NMID. o. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU -C and MU -R designated areas shall be provided with development as follows: Architecture & Heritage (3-32); Street -Oriented Design — Commercial & Mixed Use buildings and Residential Buildings (MU -R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character — Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details — Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU -C only) (3-41 thru 3-45); Signs (3-46); and Public Art (3- 47). p. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. q. This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. r. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. s. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. -7- EXHIBIT A The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements: u. Business hours of operation in the C -C 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 11-213-3). v. A Certificate of Zoning Compliance and Design Review Application is required to be submitted to the Planning Division for approval prior to issuance of building permits of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual (if applicable), and the TMISAP. w. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian enviromnent 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The following items shall be included as provisions of the Development Agreement: a. This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. b. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road though the property to the lift station location and facilitate the abandonment of the lift station. c. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the -8- EXHIBIT A primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. d. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 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, rezone, and Future Land Use Map Amendment 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. 7.1 Ten Mile Interchange Specific Area Plan a. This site is located within the Ten Mile Interchange Specific Area Plan planning area. The proposed land uses are different from those adopted in the plan; because of this the applicant has provided an abbreviated traffic impact study (TIS). The TIS provides a trip generation analysis comparing the proposed development to the approved uses in the plan and a trip distribution analysis. b. The site is currently planned for Medium, Medium -High, and High Density Residential land uses. As part of this application the applicant is requesting to change the future land use map to Mixed Use Commercial, Mixed Use Residential, and High Density Residential land uses. Based on the proposed changes in the land use, the TIS estimates that the average daily trips would increase from 9,262 (current zoning) to 17,745 trips per day. In the AM peak hour the trips would decrease from 711 to 551 trips, in the PM peak hour the trips are estimated to increase from 870 to 1,188 peak hour trips. -9- EXHIBIT A c. The Ten Mile Interchange Specific Area Plan shows a north/south collector roadway and an east/west local street connection between the collector and Cobalt Street, an existing stub street located east of the site. The applicant should incorporate the north/south collector roadway and the local street connection to Cobalt Street as part of any future development application on the site. d. The north/south collector/Franklin Road intersection is anticipated to be signalized in the future when warrants are met. 7.2 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 frilly -improved. Therefore, no additional roadway improvements or right-of-way dedication on Franklin Road would be required as part of a future development application. 7.3 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 the north/south collector, local street connections, and cross access opportunities. - to- EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+3381Facsintile 208+342+5792 Kostka/Gainon Meridian Annexation 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast corner of said Section 14; thence N89°41'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14, which is the Point of Beginning: Thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53'E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971,48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89°40'48"W, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89039'03"W, 612.67 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 1,328.43 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 said Section 14; Thence S89°37'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning, Comprising 55.55 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjoining the KostkalCeinon lands. " �a 4._1J � 7 ec_xv ' q� EXHIBIT A B & A Engineers, Inc. Consulting Gnglneers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+3381Facsimlle 208+342+5792 Kostka/Calnon Zone C -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ads County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning; Thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53"E, 556.21 feet to the easterly boundary of she northwest quarter of the northeast quarter of said Section 14; Thence Soo°06'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence S76003'03"W, 180.21 feet along the centerline of the Ten Mile Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the right, with a radius of 286.50 feet, a central angle of 19°21'43", a long chord of 96.36 feet and a chord bearing of S84"42'1 1W, Thence N8503657"W, 1,653.70 feet along the centerline of the Ten Mille Stub Drain; Thence S89023'03"W, 22.92 feet along the centerline of the Ten Mile Stub Drain; Thence N00006'37"E, 756,70 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 said Section 14; Thence S89037'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning. Comprising 32.84 acres, more or less. This descnption includes public rights-of-way and irrigation facififi reside within or adjoining the Koslka/Calnon lands. - 12- B & A Engineers, Inc, Consulting Engineers $ Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 2081.343-+3381 Facsimile 2081342+5792 Kostka/Cainon Zone TN -R 18 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14, thence N89"41'46IIW, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S00°06'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain and to the Point of Beginnings. Thence continuing 800'06'24"W, 512.11 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89040'48'W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence N00'19'12"E, 494.20 feet to the centerline of the Ten Mile Stub Drain; Thence S85036'57"E, 550.05 feet along the centerline of the Ten Mille Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the left, with a radius of 286.50 feet, a central angle of 19'21'43", a long chord of 96.36 feet and a chord bearing of N84042'1 VE; Thence N76'03'03"E, 180.21 feet along the centerline of the Ten Mile Stub Drain to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 and to the Point of Beginning Comprising 8.95 acres, more or less. This description includes public rights-of-way and irrigation facilities tt reside within or adjoining the Kostka/Ca/non lands. -13- EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+3431•3381Facsimile 208+342+5792 Kostka/Calnon Zone TN -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N89040'48°W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the Point of Beginning: Thence continuing N89°40'48°W, 509.03 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°39'03V, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°20'57" E, 100.00 feet; Thence 471.37 feet along a tangent curve deflecting to the right, with a radius of 600.00 feet, a central angle of 45"00'46", a long chord of 459.34 feet and a chord bearing of N22°51'20®E to the centerline of the Ten Mile Stub Drain; Thence S85°36'5T'E, 424.97 feet along the centerline of the Ten Mille Stub Drain; Thence S00°19'42"W, 494.20 feet to the Point of Beginning. Comprising 6.54 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjoining the Kostka/Calnon lands. -14- EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381Facsimile 208+342+5792 Kostks/Cannon Zone R-40 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and 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 the northeast comer of said Section 14; thence N89°41'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning 589°41'26"E, 786,89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53°E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 300006'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast comer of the northwest quarter of the northeast quarter of said Section 14; thence N89°40'48"Vit, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; thence N89039'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning: Thence N89039'03"W, 521.70 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 571.73 feel along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence N89°23'03"E, 22.92 feet along the centerline of the Ten Mile Stub Drain; Thence S85°36'57"E, 678.68 feet along_ the centerline of the Ten Mile Stub Drain; Thence 471.37 feet along a non -tangent curve deflecting to the left, with a radius of 600.00 feet, a central angle of 45°00'46", a long chord of 459.34 feet and a chord bearing of S22"51'20"W; Thence S00°20'57"W, 100.00 feet to the Point of Comprising 7.22 acres, more or less, This description includes public rights-of-way and irrigation facilities th reside within or adjoining the Kostka/Calnon lands. -15- EXHIBIT A I111*_17.I6", , 1328-98* W. Franklin Road _J Car. MW Car, Seo 14 12.02' CA 8.111.14 C4 A-1-4 #.d,.7­fLV. 0, hyo Pro a, HE Car. S.. S 89-41 1 111. ;9 11161h Can KostkalOalnon Lands $0,.i* in rhe O ­far .f the Nrih,est Narve, and rhe h, of rhe Mar I head 0 f ;an 14, '..nship 3 North. Range I West, ft,se tf.r,diop. Ad. C-opy. ldaho Data; 16 lJo rearb er 2015 D A A EAg1A##rS. IAO. 208343,3381 1116 Jh Cor. 1116 rh Car' EXHIBIT A D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed changes, as recommended by the Comission, to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for a mix of residential, small scale neighborhood friendly commercial uses, and employment uses on the site will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned sei vice capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed mixed use development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. -17- EXHIBIT A 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, 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 map amendment recommended by staff to C -C, TN -C, TN -R and R-40 is consistent with the proposed MU -C and MU -R FLUM designations 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 C -C, TN -C, TN -R and R-40 zoning districts is consistent with the purpose statements of the commercial, traditional neighborhood, and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. -18- F r CUSTOMS DECLARATION May be opened officially CN22 Designated operator Impee ortant! T l T� ,gInstructions on the _ _ _ © Gift fQ ___J Commercial sample Documents Other _V Quantind dPaileddescription ^ ty a of contents Utility Knife Snap Of 1 _ Weight g)�^ 0.01 1.98 _ �� ^^ _ Total Weight Total Valu -� (In kgs (USD) t l,the undersigned, whose name and address aregiven on the itme,certify that oarticulars given in this declaration are correct and that this item dose not contain any dangerous article or artices prohibited by legislation or by postal or custons regulations Date and sender's signature