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.
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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.
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ENGINEERING SECTION 11
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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
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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.
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ENGINEERING Scale: 1 = 250
Z 9233 WEST STATE STREET
0 BOISE,IDAHO83714
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PHONE(208)639-6939 R-40 Zone
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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
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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.
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} 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
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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
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L8 NO'41'48"E 5.00
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Y L9 N88'37'58"W 227.97
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kmengllpcorn Mar C-G Zone
n DATE: March 2,2020 Ada County, Idaho
PROJECT: 20-005
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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:
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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
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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
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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
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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
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- 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
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I
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1
I I
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o ¢ 1 OFFICE/RETAIL RESIDENTIAL
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- - - - - - - - - - - FRANKLIN ROAD
(PRINCIPAL ARTERIAL)
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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