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PZ - AZ Packet WIDIAN=--�- Planning Division ANNEXATION/REZONE ■ Application Checklist Project name: File#: Applicant/agent: Application is required to contain one copy of the following: Applicant Staff (�) Description (�) Completed and signed Development Review Application Narrative fully describing the proposed project Legal description of the property to be annexed and/or rezoned • Include a metes and bounds description commencing at a section corner or quarter corner to the section line (when applicable)or center-line of all adjacent roadways,stamped and signed by a registered professional land surveyor,(please also provide a basis-of—bearing from a section corner to an adjacent quarter-corner to allow for accurate input into our GIs system) • Scaled exhibit map showing the boundaries of the legal description in compliance w/the requirements of the Idaho State Tax Commission Property Tax Administrative Rules IDAPA 35.01.03.225.0l.h • If requesting more than one zoning designation,include a legal description for each zone along with an overall annexation/rezone boundary description.Also include the boundaries of each different zone on the map *Note:When also submitting a Preliminary Plat application,a separate legal description is required for the boundaries of the plat,excluding property to the section line or center-line as re uired or annexations/rezone Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner(If owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent) Scaled vicinity map showing the location of the subject property Pre-application meeting notes(All applications that require a public hearing are required to conduct a pre- application me ing with the Planning Division) Neighborhood meeting sign-in sheet(Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application) Commitment of Property Posting form signed by the applicant/agent Address/Parcel Verification Request must be submitted via the following URL: hops:HcitizeLiportal.meridiancity.ora/CitizenAccess/Default.aspx Once verified,insert the Address Verification Record ID(LDAV#)here Fee (Please call the Planning Division to calculate correct fee.Applications with incorrect fees will not be accepted.) For new public utility construction(water,sewer,reclaimed water)applicants are required to submit: (2) Sets of conceptual engineering plans,including pipe sizes and profiles (1)Disk with electronic version of the conceptual engineering plans in a format that complies with the specifications for project Drawings found at: www.meridiancity.org/public works/autocad standards/index.asp Note: Only one copy of the above items need be submitted when submitting multiple applications Additional Re uirements for Annexation/Rezone Applications: Applicant Staff (�) Description (�) If this application is not accompanied by a plat,conditional use permit,or planned unit development application,submit a conceptual development plan and elevations for the property(also submit an electronic version of the plan(s)in pdf format on a disk with the file named with project name and plan type[i.e.conceptual development plan,elevations]). APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridianciiy.org/plgnning (1011612019) fIDIAN-�- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: File number(s): Assigned Planner: Related files: Type of Review Requested(check all that apply) ❑Accessory Use(check only 1) ❑Final Plat ❑Daycare ❑Final Plat Modification ❑Home Occupation ❑Landscape Plan Modification ❑Home Occupation/Instruction for 7 or more ❑Preliminary Plat ❑Administrative Design Review ❑Private Street ❑DR Modification ❑Property Boundary Adjustment ❑Alternative Compliance ❑Rezone 10 Annexation and Zoning ❑ Short Plat ❑Certificate of Zoning Compliance ❑Time Extension(check only I) ❑CZC Modification ❑Director ❑City Council Review ❑ Commission ❑Comprehensive Plan Map Amendment ❑Council ❑Comprehensive Plan Text Amendment ❑UDC Text Amendment ❑Conditional Use Permit ❑Vacation(check only 1) ❑Conditional Use Permit Modification(0 ✓only 1) ❑Director ❑ Director ❑Commission ❑Commission ❑Variance ❑Development Agreement Modification ❑Other Applicant Information Applicant name: GFI-Meridian Investments III, LLC. Phone: 801.292.5000 Applicant address: 74 East 500 S Ste 200 Email: trevor@tgirealestate.com City: Bountiful State: UT Zip: 84010 Applicant's interest in property: ❑Own ❑Rent ®Optioned ❑Other Owner name: Franklin &Ten Mile LLC. Phone: Owner address: 217 W.Georgia Ave.,Ste. 100 Email: City: Nampa State: ID Zip: 83686 Agent/Contact name(e.g.,architect,engineer,developer,representative): Stephanie Leonard Firm name: KM Engineering, I.I.P. Phone: 208.639.6939 Agent address: 9233 West State Street Email: sleonard@kmengllp.com City: Boise State: ID Zip: 83714 Primary contact is: ❑Applicant ❑Owner ®Agent/Contact Subject Property Information Location/street address: 2954 West Franklin Road Township,range,section: 3N., 1W.,Section 11 Assessor's parcel number(s): S1211336065 Total acreage: 38.99 Zoning district: RUT Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.ore/planning -1 Rev:(2/))/2020) Project/subdivision name: The Gateway at 10 Mile General description of proposed project/request: Annexation and zoning of approximately 39 acres for mixed-use retail, office, and high-density residential. Proposed zoning district(s): R-40 and C-G Acres of each zone proposed: R-40: 14.744 acres; C-G: 26.54 acres Type of use proposed(check all that apply): N Residential N Office N Commercial ❑ Employment❑ Industrial ❑Other Who will own&maintain the pressurized irrigation system in this development? Commercial Owner's Association Which irrigation district does this property lie within? Nampa &Meridian Irrigation District Primary irrigation source: TBD Secondary: TBD Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water): TBD Residential Project Summary(if applicable) Number of residential units: TBD Number of building lots: TBD Number of common lots: TBD Number of other lots: TBD Proposed number of dwelling units and square footage of living area(for multi-family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: (up to: 500 sq.feet) (up to:250-500 sq.feet) (up to:500 up to 1200 sq.feet) Minimum square footage of structure(excl.garage): Maximum building height: Minimum property size(s.f): Average property size(s.f.): Gross density(Per UDC 11-1A-1): Net density(Per UDC I 1-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B): Amenities provided with this development(if applicable): Type of dwelling(s)proposed: ❑ Single-family Detached ❑ Single-family Attached ❑Townhouse ❑Duplex I@ Multi-family ❑Vertically Integrated ❑Other NOTE:Specific design and configuration of the residential portion of the site will be determined with subsequent submittals Non-residential Project Summary(if applicable) Number of building lots: TBD Common lots: TBD Other lots: TBD Gross floor area proposed: TBD Existing(if applicable): N/A Hours of operation(days and hours): Per code Building height: Per code Total number of parking spaces provided: TBD Number of compact spaces provided: TBD NOTE:Specific design, number of lots, and configuration of the site will be determined with subsequent submittals Authorization Print applicant name: Stephanie Leonard on behalf of FI-Meridian Investments III LLC. Applicant signature: Date: 4.07.2020 Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning -2- Rei,:(2/ll/2020) km GERMIUM April 7,2020 Project No.:20-005 Mr.Joseph Dodson City of Meridian Community Development Department 33 E. Broadway Ave.,Ste. 102 Meridian, ID 83642 RE: The Gateway at 10 Mile—Meridian,ID Annexation and Zoning and Development Agreement Narrative Dear Mr. Dodson: On behalf of GFI-Meridian Investments III, LLC.,we are pleased to submit the attached application and required supplements for annexation and zoning of a future mixed-use commercial and residential project located at the northeast corner of Ten Mile and Franklin Roads. Site Information The subject property is approximately 39 acres, is located at the northeast corner of W. Franklin Road and N.Ten Mile Road, and is currently zoned RUT(Rural-Urban Transition) in Ada County. The property is bounded on the north by railroad tracks and a church, zoned C-C (Community Business district); to the west by Ten Mile Rd., a church and a storage facility zoned C-N (Neighborhood Business Commercial)and C-G (General Retail and Service Commercial) respectively;to the east by a recently approved distribution center, zoned I-L(Light Industrial); and to the south by an ACHD storm drainage facility,zoned C-C,a private residence,zoned RUT, Franklin Rd.,and the Ten Mile Creek mixed-use development,zoned C-G. a C-N Franklin Rd. Y •'tip C-� c c i TN-C RUT L 9233 West State Street • Boise, Idaho 83714 • 208.639.6939 • kmengllp.com Comprehensive Plan and Zoning According to the City's Comprehensive Plan,the primary future land use designation is Mixed Use Commercial within the Ten Mile Interchange Specific Area Plan (TMISAP).Additionally, an area of the northeast portion of the site is designated as a Civic land use. Our proposed zoning designations and enclosed bubble diagram for future development align with the intent of the land use designations and the overarching TMISAP,as further discussed below. We are proposing a bubble ,,FJ1itl 1_I III II III II III II IYIJI I11111111111111111111111111111111111111I I11. diagram with zoning designations in lieu of a plat f--^"�—'"`----- "—"`—`----- -'—__�_ or specific development plan to afford flexibility for future Im{ development. We believe that providing an adaptable template at the forefront will ' allow future development to I tii7vEA T1 �I respond to market trends while also remaining consistent with evolving adjacent and surrounding I OfWFI1IETNL H tC P uses. This flexibility will also J allow for a creative approach to achieving the intent and ; goals of the comprehensive j plan and TMISAP. Our vision 'v is to create a foundation that will maintain compatibility and establish the continuity . of the Ten Mile area. fFIiE:FETAIL CRICENETM F As mentioned, the current zoning designation for the A ., + ' 1.4'A PAT I FiOfA Wr project site is RUT in Ada ' I ' County.We propose to annex — F �` -= FR4FIIfL�I FriLLG and zone the property to the _ _ _ _ _'� F"'�°'"" C-G and R-40 (High Density Residential)zoning districts to — accommodate a mix of retail, office,commercial,and high-density residential development.To simplify our request and to afford the widest breadth of potential uses,we are requesting the C-G district for all areas depicted as commercial and office/retail in the above bubble diagram; we are requesting R-40 for the residential and civic portion. Both zoning designations will support future development with the purpose of the mixed-use commercial designation in encouraging a mixture of office, retail, recreational, employment and other miscellaneous uses. In sum, our request is for approximately 26.54 acres within the C-G district and 14.74 acres within the R-40 district.These zoning designations are consistent with surrounding development,will aid in creating an area where people can live and work,and will yield the high-quality product we envision. Meridian City The Gateway at 10 Mile PAGE 12 We foresee office, retail,service and neighborhood commercial and other compatible uses locating within the C-G district and believe our future development will reflect surrounding development.Our request for the R-40 district on the eastern part of the site is to accommodate future multi-family residential development.The R-40 designation will afford the widest range of setback and development standards, which will ultimately allow development to meet or exceed the target density within the residential portion while maintaining complementary neighborhood-serving uses within the commercial portion. Per staffs direction, we have included the civic land use within the R-40 designation to provide space for future transit-oriented use, should the need arise. Access and Connectivity Two full access points and one limited access point are proposed via Franklin Rd. as shown on the bubble diagram. Both full access points will be located where curb cuts exist and in alignment with access points south of Franklin. The limited access point will be located where an access point exists for the Irrigation District's maintenance of the Ten Mile Creek. It is important to note that half of a future collector roadway is shown consistent with the Comprehensive Plan. Development of this roadway will need to be coordinated with properties to the south and east as those properties are not a part of the subject application. Two full access points and two limited access points are proposed via Ten Mile Rd. to accommodate the commercial pad sites and ensure adequate traffic circulation and means of ingress/egress.All access points are proposed in locations to utilize existing curb cuts along Ten Mile.The three most northern access points align with existing curb cuts on the west side of Ten Mile. We understand that pedestrian connectivity and integration of uses is paramount to the TMISAP and this development.We have included a portion of a north-south collector on the eastern part of the site as depicted on the future land use map and master street map. Internal pathways will be provided along the collector roadway and with the future development of each site and as required by subsequent applications. Ten Mile Creek In an effort to maintain the Ten Mile Creek and to utilize it as a natural amenity,we are requesting a waiver to 11-3A-6A-.3 to keep the waterway open.As the creek is currently situated,it crosses a corner of the site,leaving a small portion of land disconnected from the remainder of the project.To best utilize the disconnected space, we propose the C-G zone there,understanding that it will likely develop into a small specialty office or retail use. As such, two points of limited ingress and egress are planned. The Ten Mile access point is proposed via an existing curb cut just south of the Ten Mile Creek. The Franklin access point is currently gated and used as an access for the Irrigation District's maintenance of the creek. Development Agreement In conjunction with the annexation and zoning of the property we propose to enter into a development agreement to guide future development of the site. As the property is located within the TMISAP, this property could be subject to numerous design and development requirements not typical of most properties annexing into, or developing within,the City of Meridian. To ensure flexibility and the option to implement innovative designs, we propose to adhere to certain design and development standards found in the TMISAP.The high-quality development we envision for this area will be a premier destination in Meridian,and we believe that conditioning our development to the design standards Meridian City The Gateway at 10 Mile PAGE 13 listed below and in the enclosed draft Development Agreement will garner the kind of development the TMISAP aims to achieve.These standards are consistent with those required by the City for other nearby properties that have developed within the TMISAP. We propose that the following items be included in the conditions governing development of the subject property: • Buildings should relate effectively to the fronting streets. To the extent practical, buildings should be at or close to the property line facing the street with main entrances/facades oriented to the street. • Buildings at the corner of Ten Mile and Franklin should "hold the corners" to the extent practical given the constraints of the site due to Ten Mile Creek. • The space between a building fagade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees. • Restaurants are encouraged to have outdoor dining.When possible, shops and stores are encouraged to open their doors and street front windows and use clear glass that allows visual access inwards and outwards. • Incorporate human-scale design with building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. • Provide elements that become focal points and announce special places in the Ten Mile area (gateway and entryway corridor signs, continuous walkways, attractive streetscape design and landscaping). • Architectural character should establish a clear sense of identity for each activity center through an overall palette for each phase of the development while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc. • Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. • Four-sided architecture is important where appropriate and visually effective and practical. • Public spaces and linkages should be clearly defined. • All street names within the subdivision shall be approved by the Street Name Committee (or Planning Commission, as applicable) prior to final plat approval. Meridian City The Gateway at 10 Mile PAGE 4 Conclusion We feel that the proposed zoning, as conditioned, will complement surrounding uses, fulfill the intent of the TMISAP, provide additional housing and commercial opportunities in this area, and be a high-quality addition to Meridian. We appreciate the time you and other staff members have spent to help us understand the steps needed to accomplish this project. Should you have questions or require further information in order to process these applications, please feel free to contact me. Sincerely, KM Engineering,LLP Stephanie Leonard Land Planner cc: GFI-Meridian Investments III,LLC. Mr.Trevor Gasser and Mr. Derek Gasser Meridian City The Gateway at 10 Mile PAGE 15 km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 2,2020 Project No.:20-005 Legal Description CITY OF MERIDIAN ANNEXATION A parcel of land situated in the West 1/2 of the Southwest 1/4,Section 11,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11, N00*52'00"E a distance of 1,546.96 feet; Thence leaving said westerly section line,S88°28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the northwest corner of a parcel described as Parcel A of Record of Survey No.6883,(Records of Ada County, Idaho)on the southerly right-of-way line of the Union Pacific Railroad and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88°28'33"E a distance of 1,183.65 feet to a found 5/8-inch rebar marking the northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, S00°40'38"W a distance of 1,318.22 feet to a found iron pipe; Thence leaving said easterly boundary line, N88°37'58"W a distance of 237.14 feet to a found iron pipe; Thence N00°41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88°37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00°40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W. Franklin Road; Thence following said northerly right-of-way line the following four(4)courses: 1. N89°09'36"W a distance of 385.32 feet to a found 5/8-inch rebar; 2. N78°17'09"W a distance of 68.91 feet to a found 5/8-inch rebar; 3. N89°09'36"W a distance of 247.81 feet to a found 5/8-inch rebar; 4. N52*20'33"W a distance of 32.04 feet to a found 5/8-inch rebar on the easterly right-of-way line of N. Ten Mile Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line the following five (5)courses: 1. N00°52'00"E a distance of 253.25 feet to a found 5/8-inch rebar; 2. S89'08'00"E a distance of 13.00 feet to a found 5/8-inch rebar; 3. N00°52'00"E a distance of 60.00 feet to a found 5/8-inch rebar; 4. N89°08'00"W a distance of 10.00 feet to a found 5/8-inch rebar; 5. N00°52'00"E a distance of 1,170.94 feet to the POINT OF BEGINNING. ENGINEERS I SURVEYORS I PLANNERS www.l<mengllp.com Said parcel contains 38.990 Acres(1,698,413 square feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. NNi- LAND S \c,E N Seo G.pG CL 1,\6662 M 0 o ,f"glF OF �aP� �<< Y K F- PAGE 2 10 0 125 250 500 1 WEST 1/4 CORNER _ N SECTION 11 Scale: 1 " = 250' I � N rn (LUnion Pacific Railroad rn. — — — o�L1 (TIE) — — — — o� S88'28'33"E 1183.65' p\pNL LAND POINT OF BEGINNING ° o�C-> E N S f0`rG,pG c LINE TABLE LINE TABLE CL 16662 I � LINE BEARING DISTANCE LINE BEARING DISTANCE � L1 S88'28'33"E 48.00 L8 N89'09'36"W 247.81 a OF L2 N88'37'58"W 237.14 L9 N52'20'33"W 32.04 @ Y KE L3 NO'41'48"E 5.00 L10 NO'52'00"E 253.25 X -0 cn N L4 N88'37'58"W 227.97 L1 1 S89'08'00"E 13.00 tB c cD cal z �I L5 SO'40'38"W 193.32 L12 NO'52'00"E 60.00 N o N 00 Y L I L6 N89'09'36"W 385.32 L13 N89-08-00"W 10.00 c' I w 0 L7 N78'17'09"W 68.91 a o o N N 00 Q o o Franklin &Ten Mile o m � z LLC o Legend o Y O O FOUND IRON PIPE m I 0 FOUND 5/8" REBAR j FOUND BRASS CAP L13 CALCULATED POINT Y — — — SECTION LINE ° L12 BOUNDARY LINE ° — — ADJACENT BOUNDARY LINE X Ln o p L11 =ACHD Leo X IJ N L Z L O a L0 a L73 ._ Z ° mL815 14 W. Franklin Road POINT OF COMMENCEMENT w Im SOUTHWEST CORNER ENGINEERING SECTION 11 Z 9233 WEST STATE STREET p BOISE,IDAHO83714 PHONE(208)639-6939 City of Meridian Annexation kmengllp.com DATE: March 2,2020 Ada County, Idaho PROJECT: 20-005 0 A portion of the West 1/2 of the SW 1/4, Section 11,T. 3 N., R. 1 W., B. M.,Ada County, Idaho SHEET: 1 OF 1 a 1183.65 s88°28'33"c U V O O O O N O 3 pp N M N O W o M O O h 2 U N o n88°37'58"w n88°37'58"w M o 3 227.97 237.14 O W N G M M O o rn O 'o n89°09'36"w 247.81 s n89°09'36"w 385.32 Title: ]Date: 03-02-2020 Scale: 1 inch=250 feet File: Tract 1: 38.990 Acres: 1698413 Sq Feet:Closure=s72.1355e 0.00 Feet: Precision>1/999999: Perimeter=5407 Feet 001=s88.2833e 1183.65 007=n89.0936w 385.32 013=n00.5200e 60.00 002=s00.4038w 1318.22 008=n78.1709w 68.91 014=n89.0800w 10.00 003=n88.3758w 237.14 009=n89.0936w 247.81 015=n00.5200e 1170.94 004=n00.4148e 5.00 010=n52.2033w 32.04 005=n88.3758w 227.97 011=n00.5200e 253.25 006=s00.4038w 193.32 012=s89.0800e 13.00 km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 2,2020 Project No.:20-005 Legal Description R-40 ZONE A parcel of land situated in the West 1/2 of the Southwest 1/4,Section 11,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the west 1/4 corner of said Section 11,thence following the westerly line of said Section 11, N00°52'00"E a distance of 1,542.59 feet; Thence leaving said westerly section line,S89°08'00"E a distance of 363.00 feet to the northerly boundary line of a parcel of land described as Parcel A of Record of Survey No.6883,(Records of Ada County, Idaho)on the southerly right-of-way line of the Union Pacific Railroad and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88°28'33"E a distance of 868.63 feet to a found 5/8-inch rebar marking the northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, S00°40'38"W a distance of 1,100.04 feet; Thence leaving said easterly boundary line, N89°09'12"W a distance of491.08 feet; Thence N00°50'48"E a distance of 27.00 feet; Thence N00`40'38"E a distance of 814.62 feet; Thence N89'08'00"W a distance of 378.43 feet; Thence N00°52'00"E a distance of 268.57 feet to the POINT OF BEGINNING. Said parcel contains 14.744 Acres(642,242 square feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. pL LAND �\C,E N S6 SG�` o < 6662 un �o � O F ��P� << Y K EN��` ENGINEERS SURVEYORS I PLANNERS www.l<mengllp.com 10 LAND WEST 1/4 CORNER C.7 ENSfpSG'P` 11 SECTION 11 o A 1 662 s� o N OF — I o, — — — (LUnion Pacific Railroad — — �� Y KF- S88'28'33"E 868.63' _ �b L1 (TIE)7. �� o Lq POINT OF BEGINNING C"I d � J L3 �r- a LINE TABLE o -0 (!)0V O ro Z(0 LINE BEARING DISTANCE o ) � I � r " C° L1 S89'08'00"E 363.00 R 40 a cV 0°�I L2 NO'50'48"E 27.00 00 00 a Ofu o L3 N89'08'00"W 378.43 J (Ij co r•, O ~ v�� L4 NO'52'00"E 268.57 O a z m 0 O V) d U N O Franklin &Ten Mile z LLC 0 O POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 11 0 L2 Y 10. 11 15 14 N89'09'12"W 491.08, 3 0 m x w z N 0 X Legend w a Oo FOUND 5/8" REBAR Z FOUND BRASS CAP z CALCULATED POINT 0 9 — — — SECTION LINE 0 125 250 500 0 N BOUNDARY LINE - Ra Im — — — ADJACENT BOUNDARY LINE ' ENGINEERING Scale: 1 = 250 Z 9233 WEST STATE STREET 0 BOISE,IDAHO83714 0 PHONE(208)639-6939 R-40 Zone ' kmengllp.com D Ada County, Idaho DATE: March 2,2020 uPROJECT: 20-005 0 A portion of the West 1/2 of the SW 1/4, Section 11,T. 3 N., R. 1 W., B. M.,Ada County, Idaho SHEET: N 1 OF 1 a 868.63 s88°28'33"c � o 06 (V D o N O O G n89°08'00"w 378.43 3 °O o M O O O O ^. O U N CD O O C n89°09'12"w 491.08 Title: Date: 03-02-2020 Scale: 1 inch=200 feet File: Tract 1: 14.744 Acres: 642242 Sq Feet:Closure=s12.1205e 0.01 Feet: Precision=1/311177: Perimeter=3948 Feet 001=s88.2833e 868.63 004=n00.5048e 27.00 007=n00.5200e 268.57 002=s00.4038w 1100.04 005=n00.4038e 814.62 003=n89.0912w 491.08 006=n89.0800w 378.43 km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 2,2020 Project No.:20-005 Legal Description C-G ZONE A parcel of land situated in the West 1/2 of the Southwest 1/4,Section 11,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11, N00°52'00"E a distance of 1,546.96 feet; Thence leaving said westerly section line,S88°28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the northwest corner of a parcel of land described as Parcel A of Record of Survey No.6883,(Records of Ada County, Idaho)on the southerly right-of-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88°28'33"E a distance of 315.02 feet; Thence leaving said southerly right-of-way line,S00°52'00"W a distance of 268.57 feet; Thence S89°08'00"E a distance of 378.43 feet; Thence S00°40'38"W a distance of 814.62 feet; Thence S00°50'48"W a distance of 27.00 feet; Thence S89°09'12"E a distance of491.08 feet to the easterly boundary line of said Parcel A; Thence following said easterly boundary line,S00'40'38"W a distance of 218.18 feet to a found iron pipe; Thence leaving said easterly boundary line, N88'37'58"W a distance of 237.14 feet to a found iron pipe; Thence N00°41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88*37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00°40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W. Franklin Road; Thence S00'50'24"W a distance of 30.00 feet to the southerly section line of said Section 11; Thence following said southerly section line, N89°09'36"W a distance of 771.48 feet to the POINT OF BEGINNING. Said parcel contains 26.540 Acres(1,156,101 square feet), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. pL LAND E N Sfp SG�� o _ CL 6662 on �o �9 OF �oP� F<< Y KEH�� 7�1-(110 ENGINEERS I SURVEYORS PLANNERS www.l(mengllp.com 10 \l �Nt LANO3' WEST 1/4 CORNER o SECTION 11 16662 N �rFrF OF \�e <<Y KEH� rn, — FLUnion Pacific Railroad O L1 — — roa O L2 Q) J p d- �I L4 I I a u� M N 0o Z3 (n N p o r6 z �t a Q _ E N I N °° U a) m I Franklin &Ten Mile a - LLC G 00 00 n p p L w Qo 0 125 250 500 0 o m O cn > cn Y I I Scale: 1 " = 250' M I z a C-G a L5 S89'09'12"E 491.08' 3 0 m L6 X Z o � � o L8 L� Ln Z POINT OF BEGINNING L9 L7 a I SOUTHWEST CORNER p L o0 �a z SECTION 11 ACHD John H. 3 E rn o Morton o Y 10� 11 15 14 N89'09'36"W 771.48' L11 — — — W W. Franklin Road E N G I N E E R I N G Z 9233 WEST STATE STREET p BOISE,IDAHO83714 } PHONE(208)639-6939 C-G Zone kmengllp.com DATE: March 2,2020 Ada County, Idaho u PROJECT: 20-005 0 A portion of the West 1/2 of the SW 1/4, Section 11,T. 3 N., R. 1 W., B. M.,Ada County, Idaho SHEET: N 1 OF 2 a LINE TABLE LINE BEARING DISTANCE L1 S88'28'33"E 48.00 L2 S88'28'33"E 315.02 L3 SO'52'00"W 268.57 L4 S89'08'00"E 378.43 d X L5 SO'50'48"W 27.00 u, L6 SO'40'38"W 218.18 x L7 N88'37'58"W 237.14 u L8 NO'41'48"E 5.00 LL Y L9 N88'37'58"W 227.97 a a L10 SO'40'38"W 193.32 V o L11 SO'50'24"W 30.00 Y O O m z 0 a Y Q l7 3 0 m w Legend � LANs 0 C j lr E N SF O,p X Q FOUND IRON PIPE �� F a po FOUND 5/8" REBAR a 16662 � FOUND BRASS CAP o CALCULATED POINT sJgTF \OP�o 0 SECTION LINE '�F OF Y K6HR�`� N BOUNDARY LINE 1 w — — ADJACENT BOUNDARY LINE ENGINEERING Z 9233 WEST STATE STREET Z BOISE,IDAHO83714 i PHONE(208). 39 kmengllpcorn Mar C-G Zone n DATE: March 2,2020 Ada County, Idaho PROJECT: 20-005 u 0 A portion of the West 1/2 of the SW 1/4, Section 11,T. 3 N., R. 1 W., B. M.,Ada County, Idaho SHEET: a 2OF2 315.02 Z s88°28'33"c 3 o � O vi N °p V1 � O N O 378.43 s89°08'00"e _3 � N M p O � U � 00 O O O �O N V � � O O C 491.08 s89°09'12"e 3 00 00 O pp O N O n88°37'58"w _ n88°37'S8"w N 3 227.97 237.14 W N M M O O n89°09'36"w _ 771.48 Title: Date: 03-02-2020 Scale: 1 inch=260 feet File: Tract 1: 26.540 Acres: 1156101 Sq Feet: Closure=n15.2352e 0.01 Feet: Precision=1/402301: Perimeter=5573 Feet 001=n00.5200e 1546.96 007=s00.5048w 27.00 013=s00.4038w 193.32 002=s88.2833e 48.00 008=s89.0912e 491.08 014=s00.5024w 30.00 003=s88.2833e 315.02 009=s00.4038w 218.18 0 1 5=n89.0936w 771.48 004=s00.5200w 268.57 010=n88.3758w 237.14 005=s89.0800e 378.43 011=n00.4148e 5.00 006=s00.4038w 814.62 012=n88.3758w 227.97 ADA COUNTY RECORDER J.DAVID NAVARRO AMOUNT 12.00 4\ BOISE IDAHO 04/24106 12:52 PM DEPUTY Vicki Allen RECORDED—REQUEST OF III I'II'll'IIIII�I�'I��'III�II'I�I Dave Roberts 106062711 S e: QUITCLAIM DEED N For Value Received m Burke P.Jones and LaDoena F.Jones,husband and wife as to an undivided 48.75%interest,John B.Ferguson and o Judith A.Ferguson,husband and wife as to an undivided 47.50%interest,Michael E.Huter and Laura S.Huter, husband and wife as to an undivided 1.25%interest and Idaho Holdings,LLC,an Idaho limited liability company,as to an undivided 2.50%interest,,hereinafter referred to as Grantor 0 does hereby convey,release,remise and forever quit claim unto Franklin & Ten Mile LLC, an Idaho limited liability company(or whatever state the LLC is filed in), hereinafter o o l I referred to as Grantee g Ca a whose address is 9640 W.Pebblebrook Lane,Boise,ID 83714 a" the following described premises,to-wit: g"A g o cc a. a SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. K °C TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said grantees, heirs and assigns forever. Dated: Oct r 1, 0 Burke P. LaDoena Jones ;John J i Ferguson Michael E.Huter Laura S.Huter David L.Robe ,Member,for Idaho oldings,LLC R6:2EC0e0 J-D C 0 c,z-.- c 7- Mark K. Bottles,Member,for Idaho Holdings,LLC /16SCfZ1PT, '3f4 Page 1 of 4 01/03/2020 12:38 PM STATE OF IDAHO,County of_ AdL-0— On this,,Z l y of October,2005,before me,a notary public,personally appeared BURKE P.JONES AND LADOENA F.JOtjW,,{a►o)vn or identified to me to be the persons whose name is subscribed to the within instrument and acktpd�}b�e that he executed the same. 41 le �•. 1#01 r «� * Notary Public of Idaho Residing at Ptj$1' O Commission expires: 9 171 f Ooi .��,J,T 3 F�1 0- STATE 0?19 , ,0i of A oL2.-- On th'Qa2 Lda of October,2005,before me,a notary public,personally appeared JOHN B.FERGUSON AND JUDITH ON,known or identified to me to be the persons whose name is subscribed to the withirLins`tryltst• � •Y !*J dged to me that he executed the same. v •e • r� �. Notary Public of Idaho AUBLiG Residing at '.�� J j%% 3 Commission expires: STATE$FJAI ;AM, I, of .A — On this c 0rectober,2005,be re me,a notary public,personally appeared MICHAEL E.HUTER AND LAURA S.HUTER,known or identified to me to be the persons whose name is subscribed to the within instrument and ackrpwl�' '��Y�that he executed the same. blic of Idaho V 44, Residing at Commission expires: R?/-2 I.,/0 9 STATE OF IDAH f f d�•,.•• t�e� On this.12t"ay of Octo 2005,before me,a notary public,personally appeared DAVID L.ROBERTS, known or identified to be the person whose name is subscribed to the within instrument and acknowledged to me that he exec 0 .J O Notary Public of Idaho yJV 0 Residing at 6nit at Commission expires: / -/3- 1-01 t STATE OF IDAI-t 'v'ountyS ,..•`�� (),aL e_1 On this )$ day of Octo 1'•r1005,before me,a notary public,personally appeared MARK K.BOTTLES, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the saune. ,,,fffffffllff�l S. R og '�. eq +p1[AR Y Notary Public of Idaho pomp Residing at Commission expires: / I/ no, O Page 2 of 4 01/03/2020 12:38 PM Exhibit A .RSG �n�ersan Jurye't(irou0,com y LEGAL DESCRIPTION Parcel A A parcel of land si led in the So hwest Quarter of a Southwest Q arter of Section 11,Town 3 North,Re e 1 West of the ise Meridian, a County, Idaho,being mo particularty d cribed as folio • Commenci at the So st corner of sal ction 11, which the South Quarter crier of said ion bears So 9°09'12"Ea distance of 21358 feet; nee along 1 est line of said ection.North 052'32'East a dis ce of 3 .00 feot to the Point of ning; hence contin • g along said est line, N 00°52'32" East distancee of 1546.66 feet o a point on th Southerly r' t-of-way line of Union Pacific Railroad; If nce departing id Section ne along said So erty right-of-way line, Sou 89°28'19" a distance 1231.75 feet to oint,thence leav' said -ot way line, 00041' 'West a distan f 1318.13 feet; nce No 8803T11" W a distan of 237.27 feet a point, Then North 000 1101"East a d tartce of 5 0 feet;thenoe N 88°37'1 V Wes distance 0 27.85 to a t;Thence uth 00'41'02" t a distance of 1 .22 feet to int on the rtherly R t-of-Way line of ranklin Road; T nce along d Northerly lin and the a nsion of said lin he following cou es and dista es: North 8 09'12" t a distance 385.32 feet to a point; Th ce North 78"23' " West distance 68.91- hence North 8 9'24" West distance of 60. feet to point; Thence outh 83°24'23" st a distan of 99.31 fe , T nce No 89°09'12" W a distance of 1 .88 feet to a True Poi of innf . Said rcei contains 73,136 square f t or 40.71 es,more or I s. Project No.03-142 Msi. 1c J, May 05,2005 4 C• ov ka it,tcwer I.— Suitt r.. Meridiaa.It 81642 •""•••, STATE?OF IDAHO,COMI?OF ADA„u._. 1.J.David Navarro, Aala' owiry that the Ameaadis a fa1G true and correct copj of test.-Nqr as it appears on-Iiiodtn Boob J . �Rmoiih of Ada County,State of Iddo. IN WITNESS THEREOF.1 have ct_my pied an_Qaffi:ed my official seal this 20 0 L 1"flAY_iD,NAVARRff_,$aoraar- ,///�� b = YG Page 3 of 4 01/03/2020 12:38 PM F915rr Anderson Survey 6roup.com 0 LEGAL DESCRIPTION Parcel A A parcel of land situated in the Southwest Quarter of the Southwest Quarter of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the :)'outhwest corner of said Section 11, from which the South Quarter corner of said Section bears South 89009'12" East a distance of 2658.15 feet; Thence along the West line of said Section, North 00052'32" East a distance of 30.00 feet to the True Point of Beginning; Thence continuing along said West line, North 00°52'32" East a distance of 1516.66 feet to a point on the Southerly right-of-way line of the Union Pacific Railroad; thence departing said Section line along said Southerly right-of-way line, South 88028'19" East a distance of 1231.75 feet to a point; Thence leaving said right-of-way line, South 00041'25" West a distance of 1318.13 feet to a point; Thence North 881137" 1" West a distance of 237.27 feet to a point; Thence North 00041'01" East a distance of 5.00 feet to a point; Thence North 88"37'11" West a distance of 227.85 feet to a point; Thence South 00°41'02" West a distance of 193.22 feet to a point on the Northerly Right-of-Way line of Franklin Road; Thence along said Northerly line and the extension of said line the following courses and distances: North 89009'12" West a distance of 385.32 feet to a point; Thence North 78023'44" West a distance 68.91 feet to a point; Thence North 89°09'24" West a distance of 60.09 feet to a point; Thence South 83°24'23" West a distance of 99.31 feet to a point; Thence North 89°09'12" West a distance of 159.88 feet to the Point of Beginning. Said parcel contains 1,773,136 square feet or 40.71 acres, more or less. Project No.03-142 p,G LAND s� STE� 7314 ��•Q 9T�OF 1q� ��'� USN N. N��� 357 E. Watertower ln.. - Suite F. Meridian. 10 83642 P.200.888.7345 _ v. Page 4 of 4 01/03/2020 12:38 PM AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } COUNTY OF ADA ) DA V1 OD i- . �B-2iS, e.vzs t_. i L f M�^►�'�- aF I, F/L,A�iyr4�rnr ��n/ MI L.- L-!—C-- UV .'teA yWW-A-I iy ST (name) (address) (city) (state) being first duly sworn upon,oath,depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: GEI Meridian Investments III, LLC & KM Engineering, LLP. 9233 West State Street, Boise, ID 83714 (name) (address) to submit the accompanying application(s) pertaining to that property, 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of AAL# �-- , 20 2- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �NttlNll##lllf!!/!f , G��RI It'N EW,&Q4 • �i "� Pus, B�.• y �4 Cy•: (Notary Public for Idaho) - My COMMISSION t S -�-f ���y� E�CFIftES 219-2022 : = Residing at: 1303 � �� P.v" �•'•,'T,Q �`�,���� My Commission Expires: c2- !/ a Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning ,p.` Vicinity Map IandproaATA ILIz. Z �_.kP Ides .... .. 01 40 Kra _Ow w fit' J l� • � � _- •. A P . 1 -•'' . f ■ LC MIN -- �' dip' Flu i 7 � N .� ft1 MP lot' _ 1 „ - 43°35'S8.38'' N 116°25'14.52" W Mar 09, 2020 IandproDATA.com The materials available at this website are for informational Scale: 1 inch approx 600 feet purposes only and do not constitute a legal document. CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name:NEC Franklin &Ten Mile Date: 2-4-2020 Applicant(s)/Contact(s): KM Engineering-Stephanie Leonard; City Staff:Joseph, Brian, Joe B., Denny, Jason. Location: 2954 W. Franklin Road Size of Property:=40 ac Comprehensive Plan FLUM Designation: Mixed-Use Commercial; Civic in the NE corner for future transit center.TMISAP as well. Existing Use: County/Ag Existing Zoning: RUT Proposed Use: Commercial and Residential Proposed Zoning: CG/R15/R40 Surrounding Uses: Commercial to the North and South; Industrail to the East; Commercial to the West; Civic(Church)to the West. Street Buffer(s)and/or Land Use Buffer(s): 25' Landscape buffer to W Franklin Rd and N Ten Mile Rd (Arterial roads). Commercial zones require 25' Landscape buffer to Residential uses;All zones require 20' landscape buffer to collector streets. Open Space/Amenities/Pathways: Refer to 11-3G-3 for Open Space Requirements. Multi-family developments will require additional open space—refer to Specific Use Standards 11-4-3-27. Access/Stub Streets:A new collector road will be constructed on eastern boundary line(PRR for Fedex CZC to help determine where they are adding the collector on their property; City prefers access off of the collector road rather than additional curb cuts on Franklin Rd.ACHD comments regarding access to arterials will be integral. Waterways/Flood plain/Topography/Hazards: Tenmile Creek in SW corner of property. Potential variance if not tiling the creek. Depending on how you intend to use this after acquiring more information,we will have more comments. Recommend speaking to Jason Korn (208-489-0364)once you are at that stage. History: N/A Additional Meeting Notes: Property is in Ten Mile Interchange Specific Area Plan (TMISAP). Pay specific attention to the additional design and connectivity guidelines in this plan. Pedestrian scale and pedestrian connectivity is very important in a project like this; show this in your"bubble"plan along with general bulk and mass/layout in your plan. -Water and Sewer are both available along Black Cat and Franklin via multiple stubs near existing access points (clarify this with public works if you would like). Re-use water is also available at this site for the western portion of the property(coordinate w/ wastewater). -POLICE-ensure all common areas and any pathways are well lit.Addressing for multi-family is to be clear and easy to read. Ensure there is a parking plan for proposed multi-family that shows visitor parking. - FIRE- If any structure is 3 stories or more, minimum drive aisle width is 26 feet. Note:A Traffic Impact Study(TIS)will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions,impact fees and process. Other Agencies/Departments to Contact: ® Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ® Other:Wastewater Application(s)Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ® Annexation wlzoning. ❑ Final Plat ❑ Time Extension-Council ❑ City Council Review ❑ Final Plat Modification ❑ Comprehensive Plan Amendment—Map El UDC Text Amendment ❑ Comprehensive Plan Amendment—Text ❑ Planned Unit Development El Vacation ® Conditional Use Permit—If applying for ❑ Preliminary Plat El Variance multi-family upon annexation. ❑ Private Street ❑ Other Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. NEC Franklin e ■rgMile r Wednesday St", 2020 + 0 PM Meridian Police Department, Meeting Room Sign In Sheet Name Email Mail Phone Number COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s)had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. 4.07.20 Applica t/agent signature Date Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 x"vw.meridiancity.oi-e/plannin(2 Stephanie Leonard From: noreply@meridiancity.org Sent: Tuesday, March 10, 2020 7:48 AM To: Stephanie Leonard; tricks@meridiancity.org; rbeecroft@meridiancity.org Subject: Address Verification Complete Address verification is complete for record LDAV-2020-0133 Project: PV: Franklin and Ten Mile A/Z Address: 2954 W FRANKLIN RD MERIDIAN, ID 83642 Parcel(s): S1211336065 Lot: nu I I Block: null Subdivision: 3N 1W 11 City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 LEGEND COMMERCIAL OFF-SITE ROADWAYS FULL ACCESS OFFICE/RETAIL TENMILE CREEK LIMITED ACCESS RESIDENTIAL R-40 ---- BOUNDARY (RIGHT IN/RIGHT OUT ONLY) CIVIC �"H- RAILROADTRACKS INTERIOR TRAVEL WAY NOT A PART I RAILROAD RIGHT OF WAY 1 I ICOMMERCIAL � I I 1 CIVIC 1 I I I 1 1 I 1 I 1 ' ICOMMERCIAL I 1 �i I I 1 1 I I I I o ¢ 1 OFFICE/RETAIL RESIDENTIAL 0 w ( R-40 uu I j COMMERCIAL zo I I Lu� z I � I I 1 I 1 1 I I I 1 I 1 1 I 1 1 1 � 1 COMMERCIAL OFFICE/RETAIL OFFICE/RETAIL 1 I 1 I ` 1 --- -- I I I � I ACHD I RUT I SPECIALTY % I NOT A PART I NOT A PART I ! OFFICE/RETAIL %1 - - - - - - - - - - - FRANKLIN ROAD (PRINCIPAL ARTERIAL) r=7777 TEN MILE AND FRANKLIN BUBBLE DIAGRAM 0 70' 140' 210' Plan Scale: 1" =70' When Printed @ 24"X36" DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI-MERIDIAN INVESTMENTS III, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2020 by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and GFI-MERIDIAN INVESTMENTS III, LLC, whose address is 74 East 500 South, Ste. 200, Bountiful, Utah 84010, 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; 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/ Developer made 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 Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of C-G and R-40 (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and Development Agreement- 1 1.7 WHEREAS, on the day of , 2020, the Meridian City Council has approved certain Findings of Fact and Conclusions of Law and Decision and Order set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); 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 zoning designation; 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 requests; 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 development 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 re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, 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: 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 GFI-MERIDIAN INVESTMENTS III, LLC whose notice address shall be as stated above, the party that is developing said Property and shall include any subsequent owner and/or developer(s) of the Property. Development Agreement-2 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 describing the parcels to be annexed and zoned C-G and R-40, attached hereto and by this reference incorporated herein. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2. 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. The development may occur in phases and will generally conform to the conceptual land use plan in Exhibit "C", which is attached hereto and by this reference incorporated herein as if set forth in full. b. The following design elements from the TMISAP will be incorporated into the development: • Buildings should relate effectively to the fronting streets. To the extent practical, buildings should be at or close to the property line facing the street with main entrances/facades oriented to the street. • Buildings at the corner of Ten Mile and Franklin should "hold the corners" to the extent practical given the constraints of the site due to Ten Mile Creek. • The space between a building fagade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees. • Restaurants are encouraged to have outdoor dining. When possible shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards. • Incorporate human-scale design with building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection; Development Agreement- 3 • Provide elements that become focal points and announce special places in the Ten Mile area (gateway & entryway corridor signs, continuous walkways, attractive streetscape design and landscaping). • Architectural character should establish a clear sense of identity for each activity center through an overall palette for each phase of the development while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc. • Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. • Four-sided architecture is important where appropriate and visually effective and practical. • Public spaces and linkages should be clearly defined. • All street names within the subdivision shall be approved by the Street Name Committee (or Planning Commission, as applicable)prior to final plat approval. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement must be fully executed within six (6) months 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 forty-five (45) 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 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 and opportunity to cure 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 Development Agreement-4 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, inclement weather, strikes, pandemics, fire, earthquakes, other natural disasters, 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. Written approval by the City shall be deemed satisfaction of Owner/Developer obligations with respect to the completion of such portion, or the entirety of said development of the Property, as applicable. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, 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. 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 Meridian Development Agreement- 5 City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements required for the applicable phase are completed, unless the City and Owner/Developer have entered into an addendum agreement stating when the improvements will be completed and, in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. The City shall grant Certificates of Occupancy for each phase when the building and required improvements for the phase are completed in accordance with the City-approved plans and specifications from which the building permit was issued. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: OWNER/DEVELOPER City Clerk GFI-MERIDIAN INVESTMENTS III, LLC City of Meridian 74 East 500 South, Ste. 200 33 E. Broadway Ave. Bountiful, UT 84010 Meridian, ID 83642 with copy to: with copy to: Deborah Nelson City Attorney Givens Pursley LLP City of Meridian 601 W. Bannock Street 33 E. Broadway Avenue Boise, Idaho Meridian, ID 83642 83702 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. Development Agreement- 6 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 party so failing to perform. 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 of the Property, 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. Upon completion of Owner/Developer's obligations hereunder, or with respect to all, or a portion of the Property, the City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement releasing the Property from this Agreement, or such portion of the Property, as applicable, within fifteen (15) days of such request, if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed their obligations under this Agreement with respect to the Property or the applicable portion thereof, in accordance with the plans and specifications previously approved by the City. 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 Development Agreement- 7 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. Development Agreement- 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. GFI-MERIDIAN INVESTMENTS III, LLC By: Its: CITY OF MERIDIAN ATTEST: By Mayor Robert Simison City Clerk Development Agreement- 9 STATE OF UTAH ) ss: County of Davis ) On this day of , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the Manager of GFI-MERIDIAN INVESTMENTS III, LLC, and acknowledged to me that they executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Utah Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 2020, before me, a Notary Public, personally appeared Robert Simison and , known or identified to me to be the Mayor and Clerk, 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. (SEAL) Notary Public for Utah Residing at: My Commission Expires: Development Agreement- 10