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Gateway At 10 Mile H-2020-0046 (2021-082775) ADA COUNTY RECORDER Phil McGrane 2021-082775 BOISE IDAHO Pgs=62 NIKOLA OLSON 05/26/2021 12:32 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments 11, LLC, a Utah limited liability company, as an undivided 16.85% interest as tenants-in-common; Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common; RWG Investments,LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common; GFI-Meridian Investments 111, LLC, a Utah limited liability company, as an undivided 33.65% interest as tenants-in-common; and DFG Investments, LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common (collectively, "Owner/Developer"). THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 14th day of May 2021, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642 and Owner/Developer,whose address is 74 East 500 South, Ste. 200, Bountiful, UT 84010. 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; and 1.2 WHEREAS,Idaho Code§ 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation of 41.28 acres of land with a C-G(General Retail and Service Commercial)and R-40 (High Density Residential) zoning districts of the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE I OF 13 Item#9. 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 17th day of November,2020,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 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 DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 2 OF 13 Page 152 Item#9. 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 II,LLC, a Utah limited liability company,as an undivided 16.85%interest as tenants-in-common; Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common; RWG Investments,LTD,a Utah limited partnership,as an undivided 18.69%interest as tenants-in-common; GFI-Meridian Investments, III, LLC, a Utah limited liability company,as an undivided 33.65%interest as tenants-in-common;and DFG Investments, LTD, a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common,whose address is 74 East 500 South, Ste.200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Owner/Developer is required to submit a Development Agreement Modification if any future development or application materially deviates from the approved Development Plan, as attached hereto as Exhibit"C", and recorded Development Agreement. The City shall not issue a building permit until the property is subdivided. b. Owner/Developer shall comply with the design standards as proposed and shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions,attached hereto as Exhibit"B".Owner/Developer shall also comply with the following additional design standards at a minimum: 1. Street level commercial must have at least 40% of the linear dimension of the fagade as windows or doorways; DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 3 OF 13 Page 153 Item#9. 2. No wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet; 3. The principle doorway for public entry into a building shall be from the fronting street.; 4. Minimally six(6)of the eleven(11)proposed single-story structures shall be built with a first story clear ceiling height of 12-15 feet,especially those two structures along the main internal thoroughfare built adjacent to the proposed street cross- section 2 as seen in Exhibit VII.0 of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B"; and 5. In place of the fourth bullet point shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B", the following provision shall apply: Minimize single-story structures; on single- story structures, use architectural facades to add height wherever possible and visually effective. c. All street cross-sections (excluding commercial parking lot drive aisles) shall be consistent with the submitted cross-sections as shown in Exhibit VILE of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B", commensurate with the Ten Mile Interchange Specific Area Plan (TMISAP) for traditional neighborhood design. Commercial drive aisles should still be designed with a high degree of pedestrian connectivity and comfort in mind, and utilize on-street parking where feasible to separate pedestrians from automotive traffic. d. Owner/Developer shall preserve the Civic portion of the site for the future development of a multi-modal transit station. Interim uses shall be limited to shared/overflow parking, open space, and temporary uses (i.e. outdoor markets, car shows, mobile sales units, special events, and others as outlined in UDC 3-4. If by 2040 no Valley-wide study is adopted or the Treasure Valley High Capacity Transit Study determines a transit station is not necessary here, this restriction shall be null and void. e. All future landscaping and lighting shall be consistent with the TMISAP and Public Works standards. f. No accesses to N. Ten Mile Road and W. Franklin Road are approved with this application; access points to these arterial roadways will be reviewed in conjunction with the future traffic impact study required by Ada County Highway District(ACHD) upon future development of the subject site and any future subdivision. g. Upon future development, and upon dedication of the required right of way by third parties,Owner/Developer shall construct half plus twelve feet of the future collector street where it abuts the Property located in the southeast corner of the Property, as shown on the approved Development Plan. h. Owner/Developer shall construct the east-west street in the northern portion of the site as a full public street ending in the southeast corner of the proposed Civic site as DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 4 OF 13 Page 154 Item#9. shown on the approved Development Plan in Exhibit VILC of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B". i. Future development of this site shall comply with the Ten Mile Interchange Specific Area Plan (TMISAP) goals submitted by Owner/Developer , as shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B"; all other goals stated in the TMISAP shall also be complied with to the extent possible other than the Floor Area Ratio (FAR) requirement. j. Future development of both the commercial and residential structures shall comply with the applicable architectural design guidelines within the TMISAP and the Architectural Standards Manual (ASM). k. Future development shall be consistent with the development and dimensional standards listed in UDC 11-2A-8 for the R-40 zoning district and those listed in UDC 11-213-3 for the C-G zoning district. 1. Owner/Developer shall comply with the ordinances in effect at the time of application submittal. in. The future residential development on this site shall be developed with a density range of 8-15 dwelling units per acre, based on the acreage of the entire site. n. If an agreement with ACHD to relocate their pond to the constrained piece in the southwest corner of the site is not accomplished,the Applicant shall coordinate with the Parks Department to include a public amenity (trail hub lot) in the southwest corner of the site, labeled as possible ACHD pond relocation on the approved Development Plan.If neither agreement can be made,Owner/Developer may construct this area with a specialty use that allows for an activity node for the development. Future development plans shall show this area of the approved Development Plan with greater detail following these discussions. o. Minimally those commercial buildings fronting along the central thoroughfare, proposed to be built adjacent to the labeled street section 2, shall be built as close to the back of sidewalk as possible—outdoor dining may be used in this area as an alternative but building fagades shall be built no further than 10 feet from back of sidewalk in any case. p. The proposed plazas as shown in Exhibit VII.E of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B",shall be built as raised islands for added pedestrian safety and placemaking; the addition of bollards shall also be considered for added safety and to delineate travel areas. q. Future development and potential changes to the development shall include no more than 45% of the subject site with residential uses, as measured in acres and square feet. 6. COMPLIANCE PERIOD 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. DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 5 OF 13 Page 155 Item#9. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants,agreements,conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 6 OF 13 Page 156 Item#9. approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: c/o GFI—Meridian Investments 111, LLC with copy to: 74 East 500 South, Ste. 200 Deborah Nelson Bountiful, UT 84010 Givens Pursley LLP 601 W Bannock St Boise ID 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. DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 7 OF 13 Page 157 Item#9. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other 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 Owner/Developer , each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer , to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each parry 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 DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 8 OF 13 Page 158 Item#9. City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 9 OF 13 Page 159 Item#9. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GFI—Meridian Investments H, LLC, a Utah limited liability company, as an undivided 16.85% interest as tenants-in-common By: Trevor Gasser, Manag Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common By: G. Walter Gasser,Manager RWG Investments,LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common By: WGA-III, INC. a Utah corporation Its: General Partner By:14. Walter Gasser Its. President GFI-Meridian Investments III,LLC, a Utah limited liability company, as an undivided 33.65% interest as tenants-in-common By: Trevor Gasser,Mana r DEVELQPMENT AGREEMENT-GATEWAY AT TEN MII.E(H 2O20-M6) PAGE 10 of 13 Page 160 Item#9. DFG Investments,LTD., a Utah limited partnership, as an undivided 18.69%interest as tenants-in-common By: WGA-111, INC. a Utah corporation Its: General Partner By: G. Walter Gasser Its: President CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 5-25-2021 Chris Johnson, City Clerk 5-25-2021 STATE OF SS: County of ❑cvr5 On this day of Wl ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared Trevor Gasser kaAm or identified tome to be Manager of GFI—Meridian Investments II,LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEA4 Notary Public for t;j- c^ F t;U'f`f 1-LUSCHER Residing at: 2 Wjc.cr, VNo '.iH!'I'(1kI;•5 t:.t'f)I-fj rA[I My Commission Expires: L& t c- 2a2.Z COMMISSION NO. 7U2771 )MM. EXP. 10-11-2022 t SCOTT TEUSCHER STAT�OF 1 F:•,`'� ss: NOTARY PUBLIC■S TA TE OF tITAH County of ] ,f COMMISSION NO. 702771 ,•" r COMM- EXP. 10-11-2022 On this day of ,2021,before me,the un erstgne , or said State, personally appeared G.Walter Gass awn or identified to the to be Manager of Alpine 24Investments,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for '' SCOTT TEUSCHER Residing at:S(�Z $ YVt�14 iL""4°C�L tJ-� NOTARY PUBLIC•STATE OF UTAFI COMMISSION NO. 702771 My Commission Expires: G_- 1 t- 2s'Z 1` COMM. EXP. 10-11-2022 DEVELopmENr AGREEMENT—GATEWAY AT TEN MtLE(H-2020r0046) PAGE 11 of 13 Page 161 Item#9. STATE OF e,L,, } ss: County of IOC4 r�� ] On this day of UVL ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G. Walter GasAr known or identified to me to be the President of WGA-III, Inc., a Utah corporation, and the General Partner of RWG Investments, LTD.,a Utah limited partnership, who subscribed said limited partnership name to tine foregoing instrument,and acknowledged to me that such corporation executed the same in said limited partnership name. 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 f'or Residing at: SZ-- -1 �awv LctL SCOTT TEUSCHER My Commission Expires: L a -l t- �LZ- OTARY PUBLIC-STA TE OF UTAHOMMISSION NO. 702771 COMM. EXP. 10-11-2022 STATE OF G-�C t, } ss: County of b e-.V } On this day of ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G.Walter Gass own or identified to me to be Manager of GFI-Meridian Investments,Ill LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official sea[the day and year in this certificate first above written. f Notary Public for SCOTT TEUSCHER Residing at:SG L 5 WV4tn' NOTARY PusLrc•STATE OF UTAH My Commission Expires: Lb -U-'io 1.t COMMISSION NO. 702771 f COMM. EXP. 10-11-2022 STATE OF ) : ss: County of cjjL } Ou this Il'�( day of MIL ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G. Walter G er known or identified to me to be the President of WGA-III, Inc., a Utah corporation,and the General Partner of DFG Investments,LTD.,a Utah limited partnership,who subscribed said limited partnership name to the foregoing instrument,and acknowledged to tie that such corporation executed the same in said limited partnership name. 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 Residing at:94,Z S h►t-0-• SC4TT TEtSSCHEFi My Commission Expires: t Q-W Z.Z NOTARY PUBLIC•STATE Of UTAH N �'F COMMISSION NO. 702771 COMM. EXP, 10-11-2022 DEwLt7PMENT AGREEMENT—GATEWAY AT TEN MILE(H 2O20-0046) PAGE I--' UI [3 Page 162 Item#9. STATE OF IDAHO ) :SS County of Ada ) On this 25th day of May ,2021,before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,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) rotary Public for Idaho ReSiding at: Meridian, Idaho Commission expires: 3-28-2022 DEvELoPMENP AGREEMENT—GATEWAY AT TEN MEE(H-2020-0045) PAGE 13 OF 13 Page 163 Item#9. Exhibit A Annexation and Zoning Legal Descriptions kin 9233 WEST STATE STREET J BOISE,ID 83714 J 208.639.6939 J FAX 208.639.6930 April 20,2020 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: 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 followingthe westerly line of said Section 11,N00'52'00"E a distance of 1,546,96 feet; Thence leaving said westerly section line,SSB'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; 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, 500'40'38"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 500'50'24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly section line,N89'09'36"W a distance of 771.48 feet to the BEGINNING. Said parcel contains 41.284 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. SAL LA&D E� ,'C E N Se0 U�4 a a 6662 Y1� OF F� Y KIVEL qua ENGINEERS J SURVEYORS I PLANNERS www.kmengilp.com Page 1 Page 164 Item#9. 10 WEST 1/4 CORNER 0 125 250 500 N I 11 SECTION 11 Scole: 1" = 250' In N rLUnion Pacific Railroad rn — — — Ll S88'28'33"E 1183.65' LAft Legend y5 \,\OENSFD G'P< off' 0 FOUND IRON PIPE Q 6�r1 ® FOUND 5/8" REBAR LL u FOUND BRASS CAP mil' Pao A CALCULATED POINT FCC Y KE HR — — — SECTION LINE BOUNDARY LINE ADJACENT BOUNDARY UNE -0 (n N 0 _Z dt N cPDD mN Franklin&Ten Mile ml LLC o 00 a V)N 0o d b o Z m(p N.T.S. V) o N0941'48"E 5.00' � 1 I E s LINE TABLE LINE BEARING DISTANCE \ /+ 2 / L1 S88'28'33"E 48.00 \� L2 N88'37'58"W 237.14 \ W 3 kn POINT OF BEGINNING L3 N88'37'58W 227.97 \ / —1—I p SOUTHWEST CORNER 7--jA L2 L SECTION 11 L4 SO'40'38"W 193.32 John H. °� E o L5 SO'50'24"W 30.00 3 ._ a Morton m Y - - - - 0 15 14 N89-09'36'W 771.48' L5 W. Franklin Road $ E N G I N E E R I N G 9233 WEST STATE STREET 0 BOISE,IDAHO 8371E c PHONE(2081639-6939 City of Meridian Annexation o kmeng8p.com Ada County, Idaho DATE: April 20,2020 O PROTECT: 20-005 SHEET: 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 1 OF 1 Page 165 Item#9. 1 1 83.65 sB8°28'33"e 3 M N O � Q M O b [V Q h O C n88°3T58'hv n88°37'58"w 3 227.97 237,14 � M A O n89°09'36"w 771.48 Title: Date:04-20-2020 Scale: 1 inch=250 feet File: Tract 1: 41.284 Acres 1798338 Sq Feet:Closure=n81.2834e 0.0I Feet: Precision=1/864866: Perimeter=5562 Feet 001=tt00.5200e 1546.96 005--n 88.3758w 237.I4 009=s00.5024w 30.00 002—s88.2833e 4&00 006-n00.4148e 5.00 010=n89.0936w 77I.48 003=s88.2833e 1183.65 007=n88.3758w 227.97 004=s00.4038w 1319.22 008=s00.4038w 193,32 Page 166 Item#9. km E N G I N E E R I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for C-G Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of 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,NO0"52'00"E a distance of 1,546.96 feet; Thence leaving said westerly line,588'28'33"E a distance of48.00 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,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 643.44 feet; Thence leaving said southerly right-of-way line,S00°52'00"W a distance of306.93 feet; Thence N89°06'49"W a distance of 19.91 feet, Thence 576"01'35"W a distance of 203.26 feet; Thence S00°52'00"W a distance of 497.48 feet, Thence 397.66 feet along the arc of a circular curve to the left,said curve having a radius of 250.00 feet,a delta angle of 91°08'14",a chord bearing of S44°42'07"E and a chord distance of 357.04 feet; Thence S89°09'12"E a distance of 505.25 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 NOO'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 line of said Section 11; Thence following said southerly line,N89°09'36"W a distance of 771.48 feet to the POINT OF BEGINNING. Said parcel contains 24.011 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANO N Sep SG9� 6662 s� �o f'rf OF �OP� F�rlh�r K��R� 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com `v I V) Page 167 Item#9. ppl LANpS 10 ��y ��INS£40 G�fi 7 11 WEST 1/4 CORNER o ,c SECTION 11 a 6662 i� s9J� 4f `OP�o �F(C Y K HR�� �Llnion Pacific Railroad S88'28'33"E 843.44' � I I I t Franklin&Ten Mile L3 LLC Oo com CD to N d O z"t rn �w aaN 65 W a m rn1 N a LL co o o a x o d o L a V)� C-G o z mp o v' 0 125 250 500 I I Scale: 1" = 250, 0 S89'09'12"E 505.25' L5 o L7 Ln I ��o = POINT OF BEGINNING L8 16 ° >o a SOUTHWEST CORNER rn 8 m SECTION 11 ACHD John H. E 0 Morton o r 5 15 14 N89'09'36"W 771.48' L10Ion — — — w W. Franklin Road E N G I N E E R I N G 9233 WEST STATE STRFEr 0 BOISE,IDAH083714 PHONE I208J639-6939 C-G Zone k—g0p.com Ada County, Idaho DATE: octoher 15,2020 S PROJECT: 20-0cs SHEET: Exhibit B 1 OF 2. 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 Page 168 Item#9. 643.44 s88°28'33"c 3 o p, hb 0 0 o � 35"w s s762035 26 aw a 0 b O T O G N � h h � 505.25 s89°09'12"e 3 00 00 e � O N O n88°37'58"w H 08137'58"w y 3 227.97 237,14 ca N m M G o � O r n89°09'36"w 771.48 Title: Date: 10-14-2020 Scale: 1 inch=260 feet File: Tract 1: 24.011 Acres: 1045912 Sq Feet:Closure-n33.1032w 0.01 Feet: Precision=1/869864: Perimeter=5852 Feet 001=n00.5200e 1546.96 007=s00.5200w 497.48 013=n88.3758w 227.97 002=s88.2833e 48.00 008: R-250.00,oeim=9t.08w nns az0re,c 0=357' 04 014=s00.4038w 193.32 003-s88.2833e 643.44 009=s89.0912e 505.25 015=s00.5024w 30.00 004=s00.5200w 306.93 010=00.4038w 218.18 016-n89.0936w 771.48 005=n89.0649w 19.91 011=n88.3758w 237.I4 006=s76.0135w 203.26 012=n00.4148e 5.00 Page 169 Item#9. ENGIkm NEE RING October 15,2020 Project No.:20-005 Exhibit A Legal Description for R-40 Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of 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 1,539.02 feet; Thence leaving said westerly line,S89°08'00"E a distance of 691.40 feet to the northerly boundary line of a parcel of land described as Parcel A on Record of Survey No.6883,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 540.21 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, SOO°40'38"W a distance of 1,100.04 feet; Thence leaving said easterly boundary line,N89°09'12"W a distance of 505.25 feet; Thence 397.66 feet along the arc of a circular curve to the right,said curve having a radius of 250,00 feet,a delta angle of 91°08'14",a chord bearing of N44°42'07"W and a chord distance of 357.04 feet; Thence N00°52'00"E a distance of 497.48 feet; Thence N76°01'35"E a distance of 203.26 feet; Thence S89`06'49"E a distance of 19.91 feet; Thence N00°52'00"E a distance of 306.93 feet to the POINT OF BEGINNING. Said parcel contains 17.273 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Ali subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANos C5 4\GENSE� GPG 6662 A Jf9jF OF It 9233 West State Street Boise,Idaho 83714 • 208.639.6939 • kmengilp.com Page 170 Item#9. 10 NL LAND ! `�WEST 1/4 CORNER 13 SECTION 11Ce o 6662 0 �o I 9lF OF SOP — o — — gUnion Pacific Railroad — �F,L S88'28'33"E 540.21' 1011b��� LI (TlE) POINT OF BEGINNING �F I J I + Franklin&Ten Mile L3 LLC a M 170 o O U2 N _0 (O U`(O h QQl J ll0ilN I T -� C)I a u 00 "'o' cv R-40 0 t7 FCIj N(Nn I Q a Coot z to 0 o to I � 0 CT W 104 13 4 15 14 N89'09'12"W 505.25' a 0 POINT OF COMMENCEMENT x SOUTHWEST CORNER v SECTION 11 N Legend z ® FOUND 5/8" REBAR _ $ FOUND BRASS CAP z 2 CALCULATED POINT — SECTION LINE 0 125 250 500 <a BOUNDARY LINE lam E N G I N E E R I N G - - ADJACENT BOUNDARY LINE Scale: 1" = 250' g 9233WESTSTATE STREET p BD ISE,IDAHO 83714 PHONE(Z08)639-6939 R-40 Zone kmengllp— Ada County, Idaho DATE: October 15,2020 PROJECT: 20-005 SHEET: Exhibit B 5 1 OF 2 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 Page 171 Item#s. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 41.28 acres of land to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI— Meridian Investments III,LLC. Case No(s). H-2020-0046 For the City Council Hearing Date of: October 27, 2020 (Findings on November 17.,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 27.2020,incorporated by reference) ?, Process Facts(see attached Staff Report for the hearing date of October 27,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 27, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 27,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval.are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile-FILE#tH-2020-0046) - I - Page 172 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 27,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 27, 2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11, If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1 I- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -2- Page 173 Item#9. or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 27,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -3- Page 174 Item#9. By action of the City Council at its regular meeting held on the 17th day of November 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 11-17-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE 91-1-2020-0046) -4- Page 175 Item#9. Exhibit A STAFF REPORT E II3IAIT:-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/27/2020 Legend DATE: Project Location TO: Mayor&City Council — - r. -_ . :-- FROM: Joe Dodson,Associate Planner 1 ►----- �' 20S-884-;533 - - --�--r--�+��_ SUBJECT: H-2020-0046 � -- Gateway at Ten Mile ;. . . LOCATION: The site is located at the northeast corner of N.Ten Mile Road and W. Franklin - Road, in the SW '/4 of the SW I/4 of ,�' , ------ r ' Section 11,Township 3N., Range I W. i � f 1 I. PROJECT DESCRIPTION Request for annexation and zoning of approximately 41.28 acres of land from RUT in Ada County to the C-G(26.54 acres)and R-40(14.74)zoning districts to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI—Meridian Investments III, LLC. Note: Following the original publication of this staff report for the Planning& Zoning Commission,the Applicant requested a continuance to further analyze and address Staff's concerns and recommended conditions of approval.The Applicant and Staff have worked together in the recent months and a revised concept plan was generated out of these discussions. This revised and more detailed concept plan has been analyzed by Staff and has resulted in strikeout and underline changes throughout the staff report including changes to the Development Aereement provisions and conditions of approval. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 41.28 acres Future Land Use Designation Mixed Use Commercial(MU-C);Civic;Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use(s) Agriculture Proposed Land Use(s) Future Residential,Commercial,Office/Retail,and an area reserved for a future Civic Use Lots(#and type;bldg./common) None proposed at this time Pagel Page 176 Item#9. Description Details Page Number of Residential Units(type NIA; Proposed future high-density residential of units) Physical Features(waterways, Ten Mile Creek hazards, flood plain,hillside) Neighborhood meeting date:#of February 5,2020- l attendee attendees: History(previous approvals) NIA - B. Community Metrics Description Details Page Ada County Highway District • Staff report(yeslno) Yes Section VI11.E • Requires ACHD Commission No Action(yes/no) Access(ArteriailCoilectorslState See analysis section below for more information(Section HwylLocal)[Existing and Proposed) V.F) Stub StreetJlnterconnectivitylCtoss See analysis section below for more information(Section Access V Y) Existing Road Network Franklin.Road and Ten Mile Road,arterial roadways,are fully improved with at least two travel lanes in both directions abutting the site. Existing Arterial Sidewalks There is existing 7-foot attached sidewalks along both Buffers arterial streets:there is no existing street buffers due to the property never being developed. Proposed Road Improvements Applicant is not required to improve Over Overiaiid Read either arterial roadway of dedicate additional right-of-way. Fire Service No comments For bubble plan. • Distanee too Fire Station A miles kam Fire Siaiiefi#6 • Fire Response Time Reliability is tia"eym at jhis ti,r.0 Mr ahte saaiiefl is Inew. n i...k 14-wi fie.+.ioa Risk Faeter 1 RCesWeniial COMPASS Job/Housing Ratio .4(range of 1-1.5 is ideal;lower number indicates an em to ment need Nearest Services Bus Stop—0.4 miles Public Park- 1.2 miles Grocery Store—2.6 miles Page 2 Page 177 Item#9. C. Project Area Maps Future l..and Use :Flap Aerial Map $4 � Legend Medium Density Legend „� r ;Project Locatior Resid hitial ' Project Location MU-C ` ;.: L _ Me ].High density Mixed Residentialployme Employment I, � High Density Residential MU-Cam U - i MU-Res .Orn erMai - Zoning Map Planned Development flap Legend R-$ R-4 0 Legend 0Project Location l RUI Project Location R- L-p R-$ R 4Q ; city Lirrlits R-$ RUT �__' R-15 Planned Parcels - R-15�RUT R1 C-C R-8 -_�C-.0 -------- - C-G - -- - - - -- - R-15 1-L L-a C-N i --- - -� C-G- �r R-8 TN-C C-C R-4Q RUT _ R-40 AN RUT TN-R FD _--__-- R-40 C-G TN-C C-C TN-C _ R-g RUT III. APPLICANT INFORMATION A. Applicant: GFI-Meridian Investments 1I1, LLC-74 East 500 South, Ste. 200,Bountiful, UT 840 10 B. Owner: Franklin &Ten Mile LLC-217 W. Georgia Avenue, Ste. 100,Nampa, ID 83686 Page 3 Page 178 Item#9. C. Representative: KM Engineering, LLP—9233 W. State Street, Boise,ID 83714 IV. NOTICING Planning& Zoning I City Council Posting Date Posting Date Newspaper Notification 5/29/2020 10/912020 Radius notification mailed to properties within 300 feet 5/26/2020 101612020 Site Posting ._rr rya 812&2020 9/22/2020 NextDoor posting 5/27/2020 101612020 V. STAFF ANALYSIS A. Future Land Use Map Designation (hitps;llivii nreridrancftt,.otglco)nppiurr] Mixed Use Commercial —The purpose of the Mixed Use Commercial designation is to encourage the development of a mixture of office,retail, recreational, employment,and other miscellaneous uses,with supporting multifamily or single family attached residential uses. While the focus of these areas is on commercial and employment uses, the horizontal and vertical integration of residential uses is essential to securing entitlements. The subject property also resides within the Ten Mile Interchange Specific Area Plan(TMISAP) which plans for approximately 2,800 acres bordered(roughly)by Linder Road to the east; McDermott Road to the west: the Union Pacific Railroad line to the north and ''/a mile south of Overland Road on the south. The specific area plan is an addendum to this Comprehensive Plan. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential within the TMISAP. The goal in these areas is to achieve a floor area ratio(FAR)of 1,00- 1.25 or more. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character.The mix of residential uses may be achieved vertically within buildings;however, some horizontal mixes may be allowed.Where existing parcel sizes are small,development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across several parcels. This land use designation calls for an overall target density of 8-12 dwelling units per acre,with higher densities allowed on individual projects. No more than 30 percent of the ground level development within the Mixed Use Commercial designation should be used for residences. The proposed annexation area is surrounded by e_xisling City.-of Meridian zoning. The proposed application is only for annexation ivith the required Development Agreement; no subdivision or Conditional Use application is curren1h,proposed. The Applicant has proposed a biibbk-canmi plaza that f a are development shall be based gfja both its general ideas and its specifte details are important and will help guide,fiaure development, In general, the proposed annexation and coning is fir C-G(general commercial and offeelretail)and R-40{high-densio;residential) with a goal to adhere to the TMISAP and the Mixed Use Commercial policies.As.stated, this.site resides in the TMISAP and will be required to meet certain site design and building design standards(see further analysis below)regardless ofthe zoning districts. Eglbrcetnent of these standards will be larZel y done through the executed Development Agreement required with annexation 4fthis proper(y. Since there are no other concurrent applications associated with this Page 4 Page 179 Item#9. project. Staff'anticipatesfiarther-refinement ofthis#sable concept plan as end-users are identffied and a_r_raffic impact study is completed in the future. The Applicant is requesting R-40 zoning-for their residential portion of'the property Staff' understands the desire is to use this zoning designation for high-density residential in the form of rnralti-farrrily development. Multi-family residential is a conditional use in the R-40 zoning district and requires additional specific use standards as stated in UDC 11-4-3-27. MuLi-fatnilk residential is also a_ conditional arse in the C G zoning district and theoretically Me Ire gpplican could propose less vertivalhy dense residential across both requested zonindistricts. Because of this fact,Staff'is recom►rtending that the Cross density,of anlprQposed residential asses is based on the entire area of the site and not just within the residential.:onittg district. This will allow the Applicant to offer taller and denser residential on a smaller footprint fzlrthering compliance with the R9ived Use Commercial goals and policies. m-emiofg dee.i f . "-PStaS'is concerned that traditional, "Alk-up garden style►ulti family built in the areas shown on the bubble plan as R-40 would not meet the intent ofthe Mixed Use Commercial designation to build higher densitti,and integrated housing �vithin developments. Staff recognizes that meeting this goal is not always 100%L f asible, however, the applicant shnuld implement ma ?►t ,of the design concepts envisioned by 4w this}snare laud arse desig-nation wilhim the Ten Mile Area plan to ensure general compliance. The Agplivant has assured Slud'that traditional garden.sn le multi fantih,apartments will not be proposed and are not envisioned on this site. With the revised concept plats and conversations that have occurred with the Applicant, Staff now has less concerns regarding the npe of'apartments that may be built on site but will be adding provisions into the DA to help ensure traditional garden style multi,Tamily is not built as purl of this projecL :50O Staffpreyiously recommended chaanzin-e the requested Voniur from C-G and R-40 to the Tr•aadid(mal Neikliborhood zoning districts. This recommendation was nrade witli the intent to ensure pedestrian oriented design and ensure some multi-stm buildings on the subject site in order to comp1j,ivith fire comprehe►rsive Plan. Since the original publication of the staffreport, the Applicant and Staff have worked to create a more refined concept Plan that includes an overall stepping in building-height from the arterials towards the interior of the site and street sections that mirror those within the specific area plan. These Proposed street sections show on-street parking,bike la►res,parkways with a tree canopy, and detached sidewalks These — Page 5 Page 180 Item#9. Awes ofstreet designs are largeN what a "complete street"should be and offers walkable and inviti►tm nei-elrbarhoods for both the residential and cot►ttnercial component o0roiects. An additional change front the original bubble plan is the Applicant's addition of 3-ston townhomes alone the main thorougltfirre ofthe site and one o fthe roads proposed as a complete street. These 3-story tows►homes are a welcomed additional housing nwe on site and should help to create placetttaking within the transition between residential uses and commercial uses on the sub►ect site. Because of these chances,Staff is now more comfortable with rite requested,-oniur desimnations of C G and R-40 with both Staff and the Applica►tt understanding that provisions will be included to ensure the site is constructed in the future with a Pedestrian oriented focus as nor-proposed with the revised concept plat. These revisions make the development»tore consistent with the policies outlined in the Mired U.se Commercial designation,specifically those that Promote different housing tt7res and all intezration of'cominercial and residential uses. Ten Mile Interchange Specific Area Plan(TMISAP); The subject site and development is required to be consistent with the street cross-sections and design elements contained within the TMISAP. These include elements of streetscape design, building design,site design,and pedestrian connectivity. Because there is no specific development proposed with this application, Staff cannot analyze whether the application meets specific design requirements. However, Staff is including some of the most applicable goals from TMISAP below and analyzing those portions that are shown on the bubb! revised concept plan. The Applicant has also included a list of goals from the TMISAP within their application that they expect to be included as DA provisions(see Section VII•C). The following are goals and design elements in the TMISAP that are most applicable to future development based upon the submitted bubble plan and submitted application materials —Staffs analysis is in italics: ■ Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential— This t}pe Ufneighborhood design_focuses on true interconnec•tivity between pedestrians, cyclists, and the automobile_ One way this is achieved is through Street Oriented Design. This design requires streetscapes that should include landscaping with trees between curbs rind sidewalks, the adjacent residetrces, and an'v buildingfr-ontages. It creates development that allows access for everyone to be direct and convenient. T-he that of 'r'wvuldHe na „ The Applicant's revised concept plait.specifically shows more of'these elements Iparkst ays detached sidewalks a6ecent to residences_etc.) through their proposed street sections (see Section HLQ. Because this is only a blfbbe conMtplan, Staff Kill analy a fiaure.s eci ie developrnent.,for compliance with these design concepts. Future development gf'the site.should also focus on building scale and design oriented for 20 mph or slower. Features typical of•higher speed trr flic are not compatible with the internal activity+centers intended,for the Ten Mile Area. A11 features o,f the•fixture buildings should he pedestrian oriented, especially those,fronti►rg on internal travel ways and drive aisles.A simple wav to help the City'ensure a site design with these types of'desigrts is to ,t., e.pl;C nt:- . g,ed. :.renfial Eoningand , recommending-a DA provisions thaat fixture development adhere to the street cross-sections• site design,and architectural design standards laid out in the TMISAP and within the.submitted street sections. to the l ■ Street-oriented design is critical in urban environments and especially at a gateway to the Ten Mile- Area such as this;buildings should be at or close to the property line creating a Page 6 Page 181 Item#9. consistent edge to the public space and making streets more friendly and walkable— The Applicant has proposed a DA provision that.speaks to this goal but the.submitted condition relates to buildings fionting on Teri Mile and Franklin only. Stglf agrees that these buildings should get as close as possible to the edge of the landscape batffers required along the arterial roadx-ays but because of'the required landscape httffers, they= cannot "hold the corners"gf'thes•e major roadways. Therefore,_f inure commercial buildings should also aim to achieve this goal on all internal streets as well, where most pedestrian traffic will occur an.vways. Ak• ill eRsiwe Ae r.. ifienW neighbor4e.9 ► reeenimendafion to . The revised concept plan shows a majority of the commercial and 3-story townhome structures aiming to meet this,goal. Sta,(fi s still unable to fitlly determine whether the proposed structures are shoivn at the praperh,litre or are setback because it is only a concept plan,However, Straffwill be inclitdingprovisions to require that at least those buildings alyyng the interior thorouahlare are built to the back of sidewalk unless outdoor dining is proposed within this area. Staff'under stands that there may he a need far some of these structures to have frontage area for outdoor dinigg_or architectural elements--this should not preclude these buildings fi•oin being built with these elements and as close to the back pf sidewalk as passible to aid in placemaking within the development. In addition, the very southwest corner of'the site is constrained by the Ten Mile Creek and will severely limit any,use in this section of the site. The btobble revised concept plan has a note stating_"possible AHD pond relocation"in this area of the site. 771er-e_is no guarantee that ACHD will agree to relocating their pond and the Applicant should lie open to a number of possible options on this constrained piece oj'tlre prQpertZ This corner of the property is approximately 1.5 acres(including the easement area) anal is highly visible from public roadwa),s. This area should be treated with great care and consideration of its intended use. Ten Alik- Co:v--e The Teti Mile Creek should be integrated with the f attre uses proposed in this area similar to the design concepts implemented with the approval of the TM Creek project to the south. Sla ff also recommends the Applicant work with the appropriate agencies and City departments to,find the best use for this corner. There could be an opportunity to provide a public use on this side ol'lhe creek. ■ Incorporate plazas between compatible uses to provide shared outdoor seating and enhance pedestrian circulation between uses— The revised bubb z eoncept plan shows plazas between proposed commercial uses and a shared vista between the proposed officeli etail area and the high-density residential. This revised la}youl shows better pedestrian connection between uses and should greatly help activate the commercial uses. r___s_.•:_..- eKewed desij4n .:.•_.. emM in ..._ _ k*v and..._ __ _. Someflexibility in the location of'these should be assumed in the future, to ensure maxim urn benefit front a variety and inir of rises and various intensities and scale. ■ The goal in these areas is to achieve a FAR(floor area ratio) of 1.00-1.25 or more— There is no development proposed at this time that can have its FAR analvzed. This FAR is indeed a goal and not a prescribed standard as achieving this will be Mcult for most developments. However, Staff and the Applicant have had discussions regarding this goal Page 7 Page 182 Item#9. find the TMISAP goal of two-story or more structures. In response, the Applicant has included a proposed DA provision that would require same of those structures along the►►rain intc riot-road tirrrl n►rr)l he siirgle-sto►7► ld be designed in such a way that their building.facades appear to be a two-.story structure. Slad'is supportive of this provision so long as it does not include more than the nvo buildi►tgs shorn to he affected by this requirement as depicted on the submitted concept plan. StalLis sc=ortive ol'this but in rea_liti+this Provision helps add a took and feet to the.scale ofal rizitecture_instead of ar:ding in adding densitt+.sn Stafl'is not overly cn►acertrerl with this. Instead, Staff is - recommendinz a Provision that all commercial structures along the main tho►•oughtrrre (the only road shown with on-street parking) have a ceiling height of'at least 15 feet for Ike ground level commercial this includes those buildings shown as single-store with two-stow facades. This provision is consistent with language within the TMISAP(see page 3-38 within the plan). r.,w cad r.,..,; g to . e the look..rAy ti l; ..t..•.eh g a Staff will review each building site asJUlure land use applications are submitted for compliance with thi.9 gafw the uroPosed provisions but is not inclined to hold the Applicant to speck FAR requirements. Civic Land Use Designation--There is a very small area in the very northeast corner of the subject site,adjacent to the railroad tracks,that shows a Civic future land use with a Transit Station icon nearby won on the future land use map(FLUM).This area is labeled on the ,-taure Land Use Map (FL UN)N)as Civic to serve as a placehoider for future multi-modal transportation options should they arise. This o .,►.,,4s 4he~a:' . _fide, and : a eat ...lHee t fi4efe multi modal transpot4atien The Applicant plans to incorporate that area into their proposed R-40 zoning district.The Applicant shows this area as an open space area to act as a placeholder as it may be decades before it develops as a public transportation hub, Future transportation needs are going to become increasinglk,important for the City of Meridian, especially in the Ten Mile Area. To ensure the needs of/ature generations are at least capable of being nzet, areas labeled as Civic with a Transit Station icon within our FLUM need to be preserved to the extent possible. In addition to the specific land area needed,for a transportation hub, access to the site is equall)?as important. The access to this Civic area is analyzed in the Access section of'this staff report, see Section V.F. In order to help preserve this area, Staf'is recommending a DA provision that holds the Applicant to interim uses, such as sharedloverflow parking or open space and other temporary uses that don't require a lot o finveshnent or permanent stritcttt+•es, until such time that it develops as its k�e"d envisioned civicltransportation use. It should be noted that the City and outside agencies like that of'COMPASS and VRT do not currently have Medic plans for horn mass-transit within the Valley will work within the rail corridor or at this location. Because of this, it is currently difficult for Stalfto recommend other uses not be allowed or limit certain uses on this site for the area shown as Civic on the FL OR It should be rioted that COMPASS is currently doing a study to determine the corridor-and mode Ibr the I-84 alternative analt sis. There will he additional public involvement and stud y necessar-v Page 8 Page 183 Item#9. be ore anv real regional decision is made oft how the railroad corridor is used foa-public transportation. The Commission and Council should be aware that this Applicant is choosing to work)-vith Staff-on preserving this area for the benefit of the City and not necessaril 1 for themselves, which is appreciated. Nevertheless, Staff is concerned that the reserved area shown on the concept plan as open.space may not be enough area for f Ature transit needs like a transit station and associated in1kas•trueture; the parking area directly to its west and potentially even the adiacent multi-story buildiu may_need to be redeveloped in_the f tture depending on the tie of public transpo_r tatiair developed in the fzrttrre. The-ppl_icant is aware that more of this area orate need to be redeveloped in the fiatire to accommodate future needs and also understands that a multi-modal transportation stop oil this propeM,-would be beneficial to this development. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application and consistent with the Comprehensive Plan Staff recommends a DA as a provision ofanne-xation with the provisions included in Section V11I.A1. The DA is required to he signed b'v the property awner(s)ldeveloper and returned to the Chit within 6 naonths of'the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies (Irttps:Il �a7s.nteridiancitglcompplart7: The applicable general Comprehensive Plan policies are cited below with Staff analysis in italics. "Promote Ten Mile, Downtown,and The Village as centers of activity and growth."(2,09.03 B). The location of this site is at a major intersection within the TUISAP, in the northeast corner of N- Ten Mile Road and W. Franklin Road. This site is one of the last major corners of the Ten Mile Area to be annexed, Even though there is no specific development proposed at this time with this application, the submitted bubble plan shows the framewo►k for a center of'acti vity and growth. Stuff believes this could be a welcome addition to the City of Meridian. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed bubble plan shows R-40 zoning which is meant for high-density,residential. In line wilh this, the Applicant plans to construct multi fatnih;residential and some 3-stole townhomes in the requested R-40 zoning area. In the nearby vicinity of this site there is detached and attached single-family residential and multi family residential. There is other R-40 zoning in the area inhere nzulti.fanrily is under construction, an area where inulti fainily is already constructed, and anolher area of R-40 zoning that is zoned but not yet developed. There is also R-R and R-I5 zoning districts nearby that house the single Jittnily residential options for the area. Staff believes that some additional nlulti-Jamily residential is a good fit for this area and the pro osed density-of c•ominerc•ial uses,provided there be a miv of housing product t pes and designed consistent with traditional neighborhood principles. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management, and frontagelbackage roads, and promoting local and collector street connectivity"(6.01.02B). Future development oil this site will dictate precisely where and how manv access points to the arterial streets Wen Mile and Franklin)are needed The Applicant is requesting to keep as manv of the existing curb cuts as possible but understands that those locations shown on the bubble plan are not approved. This is because a f sture TIS will he required and the applicant will be required to,show how and why the locations and number of access points are needed. In general, Staff'appreciates the Applicant's desire to not keep all existing access points. Staff will largely defer to ACHD's staf-f report on the f inure access points onto the arterial streets to be determined with a future traffic stuuv, Staff-recommends that the — Page 9 Page 184 Item#9. applicant work with ACHD f ar the extension o/the collector street network to serve the development with a jWttre r►afc studv. "Provide housing options close to employment and shopping centers"(3A7-02D). This project is proposed as a mixed use development that would have both residential and employment opportunities in the saute area. In addition, the area immediately south of'the subject site is the Ten Mile Crossing subdivision that is f idl of commercial and emplQvnient development. Staff believes this is a prime location for residential, especiralty far the different housing types being proposed. "Encourage the development of high quality,dense residential and mixed use areas near in and around Downtown,near employment, Iarge shopping centers,public open spaces and parks, and along major transportation_corridors,as shown on the Future Land Use Map." -02.a1!E). Gateway at 10 Mlle is proposed as a mixed use development with three and four-store, high densitil residential as a main use of the site, The residential piece of this develop mew is proposed io integrate with the commercial portion of the site as well as offer options to those working in the empllovment centers nearby and throughout the Teti Mile Area. In addition, the site is located at the corner of two major arterial streets which litrthers the need for dense residential and a nzix of uses on this corner. Stao'fands that as development occurs oil the subject property,,future development on neurby Vroperties will encourage the density and Opes of uses proposed rat this location. Stafffiids this development to be generally consistent with Comprehensive Plan policies and objectives. C. Existing Structures/Site Improvements: The subject site is solely used for agriculture at this time. No other site improvements or structures are known at this time. D. Proposed Use Analysis: The proposed uses are not yet set in stone. However, the Applicant's bubb! concept plan depicts multi-family residential; commercial;and office/retail.This application is requesting C-G and R- 40 zoning; multi-family residential is a conditional use in the R-40 zoning district per UDC Table l 1-2A-2 and the C-G zoning district allows multiple types of commercial,retail, and office uses. As noted above, Staffis z d;Hg the TX C d ru R z Y.en Or.1., a . a . thf:aHga, .a fede food ,'.ae_.MO16._►ow comfortable with the requested zoning ofC-G and R-40 contingent on the fact that tile edestrian oriented design outlined in the submitted street sections and revised concept plan are adhered to in the future. Staff"is recommending a number of revised and new provisions to help ensure the site is built as Page 10 - Page 185 Item#9. close to this as possible. Multi family residential is a conditional use in the R-40 zorling district one[the Applicant is aware that this application is not granting approval of the multi Tinnily use cis that ivill he determined through future conditional use pertnit(.$). The inclusion ofplazas and sideivalks•that connect the proposed commercial and rc.side_ntial uses promote interconnectiyity behveen awes as desired within the Mixed Use Comniercial designation in the TMISAP. The Applicant has provided an erlailait of these plazas showing what appear to be raised crossings far vehicles Mddingpedestrian sa&e ij,benches with trees-within tree grates and sails providing shade for bistro tables between the commercial buildings. StaffrndLs that these details within the subinitted exhibit show integration of_pedestrian elements and better access to the proposed commereia[Iretail buildings for those who will live and work on-site or nearby. Future development of these pleas should minimally contain these niain elements to ensure compliance with the TMISAP and Comprehensive Plan. StaQ''is recommending provisions ill line with these elements. An additional element of the proposed uses within this development are the proposed industrial uses to the east of the sabiect site. As more of this area develops ivith users, thev will need Places to live, socialize, and grab lunch. It is not unfathomable that employees ofthe new Fed-Ex distribution center to the east will walk to this property for lunch evet)r week. Because of this. Staffsarpports the ratio of'proposed commercial and residential on the subject site, 27.7 acres to 16.3 acres respectively. Even though r the proposed uses are subject to change as end-users are identified in the fixture, the general distribution of land reserved for commercial and residential is not intended to changee. To o1kr-both the Cite and the Apprlicant sonrefletibiliu in future uses. Staffis►•econune►tding a DA provision to limit the amount of Residential uses on the pt•op-erty to no snore than 45%'. ---E. Dimensional Standards(UDC I1-2); All future lots and public streets shall be required to meet all UDC dimensional standards.This includes property sizes,required street frontages, road widths, and traditional neighborhood design standards as required by the TMISAP_and the traditional neighbor-hood.districts i the i i F. Access(UDC 11-3A-3): Even though the subject site is used for agricultural purposes and has historically been so,there are multiple curb cuts along W. Franklin load and N. Ten Mile Road, arterial roadways. The submitted bubble plan shows the Applicant's desire to keep a majority of the existing curb cuts for future access. According to ACHD,f aiwe development of this site roust have a trqfc impact study(TIS) completed and approved by ACHD based upon the density of housing and tape n f comnierc•ial users proposed. Because a TIS will be required at a fie ure date, Staf f'will await conditioning the access points until such time that future development applications and a TIS are submitted. A DA provision has been recommended in this staff report to ensure compliance with Cin,and ACHD policies regardingfuture access points to these arterial roadways. Along the eastern boundari; the Master Street Map (MSM) and the TMISAP show a future collector roawwyy that traverses almost the entire eastern property line. This collector roawwav is intended to connect across Franklin and into the Ten Mile Crossing subdivisions to the south of this site. However, this collector roadwa'3,cannot be built at its proposed connection point to W. Franklin Road at this time due to this Applicant not owning the property that direel v abuts Franklin Road. The Applicant is agreeing to construct ha f phis welve feet ofpublic right- - Page 1 i - Page 186 Item#9. of wav on the area of the site they do own in the southeast corner o_f their site. This construction) would occur upon development of the site at a.fixture date- Directly to the east of'this site is I-L zoning and a new Fed-Ex distribution center is nearing construction. Even though the MSM and TMISAP show the_future collector roadway going Jia•ther-north along the shared property,boundary and then heading east, Fed-Ex was not required to build a portion of the collector-roadway going north-south on this shared property line. Instead they were approved with an east-west collector road further south within their property•that aligns with the proposed east-west roadway in the southern area shown it? this application. This location of the collector roadway is clearly decent that? that shown within the TMISAP. This new location should still offer adequate cross access between parcels once Ally developed but has also changed the type of fiazrre access to the Civic use in the northeast corner of this site where the collector roadway ivould connect to. Since the Fed-E.r distribution center was approved wiihotct constructing the north-south collector. roadwav shown on the MSM, it is not a feasible option to require this Applicant construct their- portion at this time. , &qffbeliev w c9 .far Instead. Staff believes adequate access to ani,f tture transportation use im along the north boundary Hei-theast e--mef of the site,shown as the Civic land use on the concept plan, can be obtained via an east-west puhlic street connection to Ten Mile Road as depicted ora the concept plan.A]qefHigai a4emafkw;o Mis i§,eidd he to meve the OWe EHefior4hei'%t;e9t. 64M tfiei�g� moi4hern heimdaeg,beet behind Me Tem We, aiid emmtr Stuffhelieves the travel wav shown it? the north of the.site 4 should be built as a.full public access (at least a loyal street) to handle fixture traffic to and_fi•om a transportation huh instead of the private street shown an the concept plan. In addition to the access points to Tern Mile and Franklin?Road, there will be travel ways withit► She development, These areas appear to be.shown on the s..r..,,:, ed r ttbb e revised concert plan as a combination of public streets,private streets. and Brim aisles_and of r.•rr..mbli,. or-F-F,... .,., r The road network will he the backbone of the connectivity for this development and is therefore incredibly important to Chef►ture development of this site. Staff would prefer the main travel wav shown: that starts in the southeast corner and curves up towards the northwest corner ofthe properly be a public local.street. Ott Staffbelleves creating a gore rp rblie thoroughfitre would help tr•a,( eflow and create a grand drive through the development lined with street trees and pedestrian walkways. Staff is faddy supportive of the proposed street sections as the),mirror those presented as "Street Section C"and "Street Section D"within the transportation.section of the TMISAP(see page 3- 0 and 3-21 of the TMISAP). The submitted renderings include street trees, hike lanes, on-street parkinZ and detached sidewalks all of these elements are desired within the Ten Mile area and especially within AIL.-red Use Commercial land use designations where pedestrian oriented desiei is expected. Whether the rinal street layoul within this development is private or public, Staff is recommending that minimally the main streets within the development he buill with these street sections in mind. c along a fhk - Page 12 Page 187 Item#9. Staff recompnends that the Applicant continue working with ACHD on the extension of the street nem ork within this development: this will hopefully occur through the future tiaJficstudy that is required. G. Parking(UDC II-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office,and restaurant uses. ' .,dditian,the parkiiig staiia. Fds for Future Manning land us applications will determine the required number of parking spaces for all uses. H. Pathways (UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed use designation is pedestrian access and Connection as well as cyclist connectivity and safety for all. A recommended DA provision is the applicant provide a pedestrian circulation plan with a future DA amendment or subdivision, so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. 1. Sidewalks(UDC 11-3A-17): Seven-foot attached sidewalks exist along N. Ten Mile Road; seven-foot attached and detached sidewalk exist adjacent to W. Franklin Road. No additional sidewalks are proposed at this time because no development is proposed with this application. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. Staff notes that pedestrian connection will be integral to fixture development of this site and the Applicant will be required to meet the standards as set forth in UDC 11-3A-17 and those additional ❑A provisions outlining the requirement to construct sorne complete streets as proposed with the submitted street sections commensurate with the TMISAP. J. Landscaping(UDC 11-3R). A 25-foot wide landscape buffer is required adjacent to both W. Franklin Road and N, Ten Mile Road,arterial roadways, landscaped per the standards listed in UDC 11-3B-7C. A common lot that is at least 25-feet wide along these roadways will be required upon future development. As future development and the required TIS will dictate vehicular connections to Franklin and Ten Mile, Staff does not find it necessary to require Construction of the buffers now. Some of the required landscaping would likely be destroyed upon development.Therefore, Staff will analyze the landscape buffers at a later date. The landscape details that are a part of complete streets*Rd will be analyzed with future development. K. Qualified Open Space(UDC I I-3G): The Applicant has requested R-40 zoning and has stated their intention of developing that area with high-density, multi-family residential. In the R-40 zone, multi-family residential is a conditional use and qualified open space will be required for a minimum of 10%of the gross area and the open space requirements for the specific use standards in UDC I 1-4-3-27 the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee;therefore, this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications).The qualified open space and amenities for the future multi-family development will be reviewed at a later date. Page 13 Page 188 Item#9. fi L. Building Elevations{UDC 11-3A-19 I Architectural Stand►rdy hrtrr►►raa : As stated above, no specific development is proposed with this application.Therefore, no building elevations were submitted. Future buildings on the subiect site will be required to meet the architectural standards laid out in the TMISAP and the Architectural Standards Manual (ASM).The architectural design standards within the recommended traditional neighborhood design often reflect buildings with porches,minimal front loaded garages, and great pedestrian connections. The vertically integrated buildings being recommended by stag'have specific use standards that will also drive the architectural design for these areas. Staff recommends the Applicant review these requirements in conjunction with the Ten Mile Plan and its architectural standards. The proposed C-G zoning district should house multiple types of uses. The future buildings in this zone will be required to minimally meet those architectural design standards listed in the non- residential ASM checklist. In addition,the TMISAP requires the commercial buildings to be built with street oriented design. Some of the main design points in this specific plan are: buildings must"hold the corners"of the site when adjacent to streets; street level commercial must have at least 40%of the linear dimension of the facade as windows or doorways;no wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet; and the principle doorway for public entry into a building shall be from the fronting street. Staff is recommending DA provisions to ensure future compliance with the architectural standards for both the commercial and residential portions of this project, VI. DECISION A. Staff': Staff'recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VIII.A per the findings in Section IX of this staff report, B. The Meridian Planning&Zoning Commission heard these items on September 17, 2020. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning request. I. Summary of Commission public hearing_: a. In favor: Stephanie Leonard,Applicant Representative:Deborah Nelson,Applicant Legal Representative b. In opposition: None G. Commenting: Stephanie Leonard: Deborah Nelson:Walt Gasser. Applicant. d. Written testimony: None L. Staff presenting application: Joseph Dodson,Current Associate PIanner f. Other Staff commenting on application: Bill Parsons, Planning Supervisor 2. Key issuc{s}of public testimony a. None 3. Key issue(s) of discussion by Commission: — Page 14 - Page 189 Item#9. a. Viability of allowing up to two building permits prior to any plattingprocess and before an approved Traffic Impact Study(TIS)-Staff does not support this request. b. Are the access points to proposed project from Franklin and Ten Mile Roads,arterial streets,shown approved by City Staff. - Provisionally,these accesses are approved but without a TIS, none of it is guaranteed. G. Location and potential future use of Civic/transit area along north.boundary of site. d. Overall vehicular travel layout mostly focused on new location of collector roadwa versus_that shown on theMSM including where a future signal is planned at Franklin. e. What is the relation of this corner in terms of development of other areas within the Ten Mite Area 4. Commission changefsl to Staff recommendation: a. Revise DA provision VIII.A-I.b to include the first part of the Applicant's request for a wording change. 5. Outstanding issue(s) for City Council: a. None C Thc.MerWian Cil-Y.Counci -heard_thes�iWm-mQctQhtr? 202Q..Atibc-puhli�karing,the Council moved to approvc the subject Annexation and Zoning request. i. Summary of the City Council public hearing a. ln_favor,S-tOhanic-LcortardApplicant Repre�entatiye;_I�Yalt Gasscr._A�licat�t b. In o pasitj None c, C rnmcnting;- hanic_> cQnardy_Wal sser; Tr r-Casscra_ApvIbQaptj-mtYn.Lucas, ACH�Repre�ent�ti�e. d Written testimony:Nome ex Staff-mwiti-ng Planner f, O.thcc5-taff cvmmenti on gli a on Ngne 2. K�Lt i e S)-of_?�b1ic te,t5 i n�+_ a. None 3. Key-issuew.of diwussionby City Council: a, The near and long tenn potential use of the reserved Civic area near the northeast corner f h s imelLa wi3s-d ri b staffran sh l l,t gr e-n -- - a Qn 9 r the t�+to purcha c_thi s_�r�a rnia #pf t DA-am i Qrt b Staffs.comfort level with the DA and-whether it has been deemed strong enough to dict-ftf1w-v,-&xgl+ppmen6aIk j ;-A-sitc�-���thiJ rhngc}-w Lthe Applicant e ret c�ired to go lief retX Council again? c The ex _ te,r�timelinc of velp ent_ geCifii --mbiether theme i4ntial rn� cotnrncrcial G4mpQneati�cxpe�teslxo��o�r�tr��tccffirst. d, The of acros to Franklin Road atisslated to be signafind by ACH andbaw the construction of this_ssnai mig t occur with the Applicant not owning the r edy dirmity.a-diaccM to Fra�lin Rs�ad-ltts it�L uea from A HI]re,�; pod d t this question following sttaffs_comments outlining that with the required_Traffic lmgaot $Ndy_JIS,I3ACH0 will-rxvicw-what-the Applicant will-fie requir_csit+�partici�aate in mgarding�the.future_signal and aII requested acc-us-points e, Whether a discussion has occurred between the develer and the Commmity Myc1oxnentsict�aartxr���assisti��t��Apuicartt��f��i►�nar�Lsf�ih� commerjoial_portion ctfihe-site-_in-mdcr_toArx.and,bring-family--wag is SAO-Mcridiam f: Clarity on why staff decided to not push the floor area ratio goal from within the TMISAP and how has that bren mitigated within the s# ff report and suhseguent DA provisions. Page 15 Page 190 Item#9. 4. City Council change(s)to Commission recommendation: Approve the revised language for DA provisions VII1.AI.b&VIII.AI.I per the -AP,Plic mq e_st— frith thrsc ruisions as thpyyAwfQr glAdty�d of chafe the function or intent of eithcr o i io Page 16 Page 191 Item#9. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps(NOT APPR03o�D) lam 9233 WEST STATE STREET I BOISE,la 83714 { 208.639A939 1 FAX 208,b39.6930 April 20,2020 Project No.:20-005 legat Descr iption CITY OF MERIDIAN ANNEXATION A parcel of land situated in the West W of the Southwest 1/4,Section 12,Township 3 North,Range I West, Boise Meridian,Ada County,Idaho and being more particulariy described as follows- BEG]NNING at a found brass cap marking the southwest corner of said Section 11,which bears S0D'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,Nf10'52'00"E a distance of 1,546.96 feet; Thence leaving said westerly section line,588°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.6893,(Records of Ada County,Idaho)on the southerly right-ol-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,588'28'33"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 Ilne of said Parcel A, S00"4d38"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 23 7.14 feet to a found iron pipe; Thence N00'41'48"E a distance of 5.00 feet to a found iron pipe; Thence NS8'37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S0WMY38"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 500'5tY24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly section line,N89'09'36W a distance of 771.48 feet to the BEGINNING. Said parcel contains 41.294 Acres,more or less,and is subject to all existing easements and/or rights-of way of record a implied. hG LANs ENSEQ bpi a a 6662 rf OF �dr¢ ENGINEERS I? SURVEYORS I PLANNERS www.krnengitp.com Page 17 Page 192 Item#9. 10 WEST 1/4 CORNER 0 125 250 500 N / 12 SECTION 11 Scale: 1" = 250' !n en 'tUniOn Pacific Railroad Ll S88'28'33"E 1183.65' �5ti �tNS Legend E o 0 FOUND IRON PIPE a �+p C 62 r� I FOUND 5/8" REBAR J FOUND BRASS CAP � A CALCULATED POINT c OF C Y KE�F — — — — SECTION LINE BOUNDARY LINE — — ADJACENT BOUNDARY LINE W � (Y p Z taw tp m6 N - Franklin&Ten Mike 0? LLC LL `fl o C 00 3 in[V m r , ffi N N.T.S. \ Ear] o NCO'41'48"E 5.00' LINE TABLE LINE REARING DISTANCE , '+ f L1 588'28'33"E 48.00 L2 N8B'37'58"W 237.14 + Q Y o POINT OF BEGINNING L3 NW37'58"W 227,97 , l^ Z 2 Ln o SOUTHWEST CORNER 7A�CHD 'l SECTION T 1 L4 S(T40'38'W 193.32 y `m a o L5 SO'50'24 W 30,00 John H. 3 Morton 0 x 1U 2 — — — — 15 74 N89'09'36"W 771.48' L5 4 W. Franklin Road 7 km, E N G I N E E R 1 N G a 9233 WEST$TAtE s ftEct eoisf,irHwo 83714 "ONE 12W639M9 City of Meridian Annexation Ada County, Idaho 5 fwrE: April2A,Tom m ❑ PROIECT: 20-ws SHEET: A portion of the West 1/2 of the SW 114,Section 11,T.3 N„R,1 W.,B.M.,Ada County,Idaho 1 ❑F1 Page 18 Page 193 Item#9. ERR°2R'33"r 3: 6� r tlll8°37'58"w att8*37561w 227.97 237.1a b � n84'�4'3d"w 771.4R Title: Date:04-20-2020 Scale: l inch=250 feet File: Tract I: 41.284 Acres: 1798339 Sq R&Closure=tt81.2834e 0.01 Feet: Preaisinn=1/864866. Pmimetcr=5562 Fees 001=a00.5200e 1546.96 003=388.3758w 237.14 009=00,5024w 30.00 002`s88.2833c 48.00 00&--mODA148e 5.00 0103n89.0936w 771.48 003=s88.2833e 118M5 007=n88.3758w 227.97 004-00.4038w 1318.22 008-Js00.4038w 193.32 Page 19 Page 194 Item#9. km E N G I N E E A I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for C-G Zone A parcel of[and situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range I West, Boise Meridian,Ada County,Idaho and being mare particuiarly described as follows: BEGINNING at a found brass cap marking the Southwest corner of said Section 11,which bears SiD0'52'00"W a distance of 2,64613 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 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 of Record of Survey No.6883,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 643.44 Feet; Thence leaving said southerly right-of-way line,SD0°52'00"W a distance of 306.93 feet; Thence N89°06'49"W a distance of 19.91 fleet; Thence 576"01'35"W a distance of 203.26 feet; Thence SDD"52'00"W a distance of497A9 feet; Thence 397.66 feet along the arc of a circular curve to the left,said curve having a radlus of 250.00 feet,a delta angle of 91`0814",a chord bearing of S44°42'07"E and a chord distance of 357.04 feet; Thence 589"09'12"E a distance of 505.25 feet to the easterly boundary line of said Parcel A; Ilience following said easterly boundary line,S00'40'38"W a distance of 2 18,18 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 re bar 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 line of said Sect ian 11; Thence following said southerly Iine,N89'09'3VW a distance of 771A8 feet to the POINT of 8EWNNING. Said parcel contains 24.011 Acres,more or less,and is subject to all existing easements and/or rights-of way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. �L LA&D tij6tiY$£as��fi a x a 6662 lp 'r£ of ode 4 9233 West State Street Boise,Idaho 83714 • 208.639.6939 kmengllp.tam t� Page 20 Page 195 Item#9. TO NNL LAND SG 4ry \GENSF. •pA `-�WEST 1/4 CORNER o f 11 SECTION 11 Q 6662 o — 4.Umon Patffic Railroad S8828'33"E 643.44' � I I I G4 Franktin&Ten Mile L3 LLC �] m 0[V n k �(,to m QQ d o r yry C•G C V2 p O Q Z m p V0 1 9 "' 1 0 125 250 500 I a I Scale: 1" = 250' x ` 589'09'12"E 505.25' L5 L7 , W 01 LION T OF DECIHNiNG LB L6 -Cc 1 HWEST CORNER m John H 1i J ACHD MahonoX m 1S N89'o9'36"W 771.48' Liokn, — — — W.Franklin Road u E N G 1 N E E R I N G T M3 WEST STALE STREET ❑ BMW IDAHQp 137i4 PNome!")09 WIS C—G Zone � k.nn�lly�Pm Ada County, Idaho AaiE- 4cSo6er 15,2070 P(ppJeCT: I6005 SHEET: Exhibit B 1 OF 2 A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 21 Page 196 Item#9. 643.44 z88°2ti'73"c qL p P N p Y � s7$^01 3m'v ,p�yG r2 e r- m N v n v g 305.25 sa4°p9'12'c wr 3 oa N 09°37'38'tirr ^8$°37'S8'w w 227.97 231.14 � y _ r84°tl9'36'u• _ 771.48 Title: Qate: i0-14-2020 Scale: 1 inch=260 feet File: Tract I: 24.011 Acres: t045912 Sq Feet:Closure=n33.1032w 0.01 Feet: Precision-1/369864: Perimeter=5852 Feel 001=n00.5200e 1546.96 007=00.5200w 497.48 013--n88.3758w 227.97 002=s88.2833e 48.00 09w 014=s00.4038w 193.32 003--s88.2833e 643.44 009=s89.0912e 505.25 015=�DO.51124w 30.00 OW OO.5200w 306.93 01O=s00.4038w 21 S.18 016-n89.0936w 771.48 005=n89.0649w 19.91 011�n88.3758w237.14 006=s76.0135w 203.26 012=rt00. I48e 5.00 Page 22 Page 197 Item#9. km E N G I N E E R I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for R-40 Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of 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 tap marking the West 114 corner of said Section 11,thence following the westerly line of said Section 11,NOW52'00"E a distance o€1,539.02 feet; Thence leaving said westerly line,589"08'00"E a distance of 691.40feet to the northerly boundary sine of a parcel of land described as Parcel A on Record of Survey No.6893,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 540.21 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 tine of said Parcel A, SOD•40'38"W a distance of 1,100.04 Feet; Thence leaving said easterly boundary line,N89°09'12"W a distance of 505.25 feet; Thence 3 97.6 6 feet along the arc of a circular curve to the right,said curve having a radius of 250.00 feet,a delta angle of 91°08'14",a chard bearing of N4447'07"W and a chord distance of 357.04 feet; Thence NOWSV00"E a distance of 497.48 feet; Thence N76'01'35"E a distance of 203.26 feet; Thence S89"06'49"E a distance of 19.91 feet; Thence NGD°52'00"E a distance of 306.93 feet to the POINT OF BEGINNING. Said parcel contains 17.273 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Ail subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. L LAND ��co or'E N SE-p o e fist fiTrF OF �or� io I yQ 9233 West State Street Boise,IdahoSA714 • 20&639,6939 kmengllp.com Page?3 Page 198 Item#9. 10 pL LApO S WEST 1/4 CORNER yy��\CE HS'r& P< 11 SECTION 11 6662 Tf OF — o - - jLlnivn Pacific Railroad - - l Y i(ENR�`"� S88'28'X3"E 540.21' - L1 (TIE) POINT OF BEGINNING J Franklin&Ten Mile L3 LLC :t a o � � a _4 m o z r. _ cc Of ' aj n cv 111 C ti —m N N t jl� 000 u i N R-40 i2 F-Qj�'N o In o W Z mq z a N C h � n � 10� 11 15 T14 N89'09'12"W 505.25' POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 11 N Legend a FOUND 5/8" REBAR _ FOUND BRASS CAP 6 CALCULATED POINT — - - - - - SECTION LINE 0 125 250 500 BOUNDARY LINE ff lam N E E R I N G - - ADJACENT BOUNDARY i1HE u E N G I Scale: 1" = 250' x 9233 W EST STATE STREET O BOISE.IOAMOS3774 3' PHONE Nos)639.69M R-40 Zone � kmenallp.com Ada County,Idaho DATE; October 15.2o2o u PROTECT• tB-045 SHLLT: Exhibit B $ 1 OF 2 A portion of the West 112 of the SW 1/4,5ection 11,T.3 N.,R.I W.,B.M.,Ada County,Idaho Page 24 Page 199 Item#9. 54DI I s88°2Er33"¢ a 0 0 n r� C ao3 ae r76,aj"3s"e 4 V A y �+ n64°f14'I:"w 505-25 Title: Dare: 10-14-2020 Scale: 1 inch=200 feet File: Tract 1: 17.273 Acres: 752430 Sq Feel:Closure=05.01 M-0.01 Peet: Precision=11322352: Perimeter=3571 Feet 001 s88.2833e 540.21 ON:RL R 223 o,x,-91.w 1; wng-046.ato7w, esr.os 007=s89.0649e 19.91 402=WO,4038w 1100.04 005=nOb.520e 497.48 009= 00.5200e 306.93 003�nKD912+v 505.25 006 n76.0135e 20326 Page 25 Page 200 Item#9. B. Bubble Plan(date: 618/2020)(NOT APPROVED) LEGEND �� COMMERCIAL TENMILE CREEK FULL ACCESS 10 OFFICEIRETAHL SPECIALTY OF PICEIRETAIL i 'iI4AI. UVLL APPROVALz-, + INT ERIORT RAVEL WAY i RESICi>:NTIAL R-q0 FINAL OLVELOPMCH[PUNS CIVIC ROIINDARY FUTURE COLLECTOR E� NOT A PART H--W RAILROAOTIRACH5 r'�• SPECIALTY SITE ENHANCEMENTS L IPLAZA5.LANDSCAPING,DININGI r~OFF-SFFf ROADWAYS --4 PEDESTRIAN PATHWAYS(LOCATIONS ARE SCHEMATIC) I I I l l l I RAI LRDAD RIGHT OF WAY iTi::'—.-�*-a•iw..—r.w:Ti iii'ii7L...-7i -- I C R LIVI � COMMERCIAL RFSIDFKTAII I • II I • � I I � •4 � CG L2 COMMERCIAI 1 _— '��-.•••.•►i..>�.� wry���.�i���A ' fie.. - • -•►-•.•..•. �'S� s �n� a I Cc. SA i R ao �Y z i I COMMERCIAL OFFICE/RETAIL RESIDENTIAL 1 I xLLFFICE/R�TAII. '* -.' • [G Off ICE.•RCTA IL OFFICEIRETAIL •�:.: COMERCIAL ACHDEXISTING ALIT . . NOFA PART YVIAPARI FRANKLIN ROAD — _t _ IpRIryCIPAL ARTERIAL) // i I (A> TEN MILE AND FRANKLIN BUBBLE DIAGRAM 7�1 _1110, 210' + Pie In 5ca le:1"=70'When Prinwd pa 24"X96" Page 26 Page 201 Item#9. C. Revised Cone H*Development Plan (Augost September 2020� THE GAAT EWAY AT 10 MILE .IVA 1 1 1 i l l I_LLI I I 1 IJ_Ll 11 RAILRGAbl4l6 ETOFANY C.q R.10 0 RAAROAORlGWOF WAY - � gPENEN ARF A E7iEClf,1VE APARTMENTS 011 SECTIOR LEVATOR EXECUMVE APARTMENTS - PLALIA a 1 ul I€� � OPEN AREA - Imo--- -- . 46 TYPICAL •••••� ENTS EXMlJ7IVE PATNY� _ ' TOR ; APARTMENTS IWCW TYPICAL _� v TONNNOMM r2I9RY 3SSORY 35fORY WITHGARAGj k 4+ aN wT-mIA R-40 r� I♦• h♦ ~ T x.. $=FION3 VLLrI STORY lr ' E ■ �. ,I jl��rj 44 PLAT-A■ --._ . , �" � � � �-;�--------•�.� �y ;� . I 7 T .•\ �Ho i exlsnnw nl 1 STORY T SYDRY HDTA PAPT I RW A RA9T �I PosslsL�nc•Ip PONa PEL07CATI0H 1 y'+l _ 1 E RLINROAD [PI RCIPAL ARTERIAL] it Siff AREA ULL[ULATIOM& , -4-STORY APARTMENTS 576,309 5F I1113 ACRES) -3-STORY TOW NHOMES'133.301 5 F{3 A6 ACRES] -COMMERCIAL/OF FILE 967.43R SF[2257 ACRES] DEVELOPMENT PLAN Page 27 Page 202 Item#9. D. Applicant's Proposed Development Agreement Provisions Ten Mile and Franklin—Proposed Conditions for DA We propose that the fbllowung items be included as conditions governing development of the subject properiy' • BuiIdinp along Ten A-lice and Frank Iin should relate eflcclivelyto each fronting street. Buildings along Teri :Mile acid Franklin should be at or close to the properly line racing the street with main entrances/facades oriented to the street. Parking will not be petntitted between front of building and street frontage along Ten Mile and F-ranklin. ■ Buildings at the earner of Ten Mile and Franklin should "hold the corners" to Lb extent feasible given the constraints of the site do to Ten Mile C.reck. • The splice between a building fagade curd the adjacent sidewalk should he landscaped with a combination of lawn.groundcover,shrubs,and trees. ■ Minimize single-story structures. Include at least one multi-story building fronting on Ten Mile and at least one multi-story building fronting on Franklin. On single-alon, structures, rise architectural facades to add height wherever possible and visually effective. • incorporate plazas between compatible uses to provide shared outdoor seating acid enhance pedestrian circulation beLWl'ein uses. • Rcstaurants arc encouraged to have outdoor dining. Shops & stores arc encouraged to open their doors &street front windows&use clear glass haul allows visual access Inwards&outwards. ■ Incorporate human-scale design with building entrances placed close to the street, a owed floor .windows, articulated facades, appropriately scaled signs acid lighting, and wrvnirng3 and other weather protection. Create architectural distinctions between any ground and upper stories. Announce entries through changes in details,materials,and design compositions. ■ Provide elements that become focal points and announce special places in the Ten Mile area {gateway & entrvtvav eonydor signs, continuous walkways_ attractive streetscape design and Iaandscaping}. ■ :Lkrchitectur-al character shmild establish a clear sense of identity for each actiGI, center through an overall palette for each phase of the development while maintaining a degroc of individuality for each building. The palette should address and coordinate key elements such as materials(walls.roofs,key architectural clements),and colors.etc. ■ Signs should be compatible with the architecture of the buildings and businesses they identify in colors,materials,sires,shapes,and lighting. Page 28 Page 203 Item#9. E. Proposed Street Sections and Plaza Exhibit THE GATEWAY AT 10 MILE who Y 5,cm SECTION 1 �qP F e 2 o f F � � "iF m� F -- ` & 1& fey � SECTION 2 - i Jr. PLAZA�-- }f-:4�•p d 4�i.�jJ,N_ _ FRAHKUN ROAD l IPD CI[3�Ig r IMLARTERIAL]_ DIKE PEDESiRIAH SECTION 2 CIRCULATION DIAGRAM [IR[IILATiON CIRCULATION DECORATIVE FLOWER POTS SITE FEATURE ART!SIGN BENCH SLKTING THEE GRATES SHADE BISTRO SEATING MAP K IO5 K 1 = _ I I � — — JJ l •I! PLAZA A SITE FEATURE-ART(SIGN RENCH SEATING TREE GRATES DECORATIVE FLOWER POTS BISTRO SEATING SHADE E PLAZA B IL7� f CONCEPTUAL,5UBJECTTO CHANGE Page 29 Page 204 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1 . A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owners)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA slialI be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall,at minimum,incorporate the following provisions: Fevised bubble plan reflecting StaWs recommended reviSiOns hero;., b. The Applicant is required to submit a Development Agreement Modification :f c development plan is known or „hefi a fuiur— if any future development or application materially deviates from the approved Development Plan and recorded Development Agreement. The City shall not issue a building permit until the property is subdivided,andntsj -i€te develeement la is api9feved by C-eu -eiI e. The App1i an!Shall r e the bLib le plan to show a larger-residential area to •c At least ten(10)days prior to the City Council hearing, the applicant shalt provide revised legal descriptions and exhibit maps for the requested C-G and R-40 disiriecam and!he reeemmetided TN C and TN o zoninN districts to reflect the revised_concept plan as seen in Exhibit V I1.C. meet the specifi•use standards as stated UDC- 4 •'�ingle famile. No maFe than two(.2) buildings along eaeli ar-ter-ial f�oadway with in th along N. 'Ten Mile Read and two buildings along W. Franklin Road),emeept exeliangefer stfine"es that are greater-thE f The Applicant shall comply with the design standards as proposed and shown in Exhibit VILGD. The applicant shall also comply with the following additional design standards at a minimum: L Street level commercial must have at least 40%of the linear dimension of the facade as windows or doorways; - Page 30 Page 205 Item#9. 2. No wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet;and 3. The principle doorway for public entry into a building shall be from the fronting street-, 4. Minimally six(6)of the eleven(1 I)proposed single-story structures shall be built with a first story clear ceiling height of 12-1 S feet,especially those two structures along the main internal_thoroughfare built adjacent to the proposed street cross-section 2 as seen in Exhibit VILC: and 5. In place of the fourth bullet point shown in Exhibit VII.D, the following provision shall apply•. Minimize single-story structures, on single-story_ structures,use architectural facades to add height wherever possible and visually effective. g. All street cross-sections(excluding commercial parking lot drive aisles) shall be consistent with the submitted cross-sections as shown in Exhibit VILE commensurate with the Ten Mile Interchange Specific Area Plan (TMISAP) for traditional neighborhood design. Commercial drive aisles should still be designed with a high degree of pedestrian connectivity and comfort in mind, and utilize on-street parking where feasible to separate pedestrians from automotive traffic. h, The Applicant shall preserve the Civic portion of the site for the future development of a multi-modal transit station. Interim uses shall be limited to shared/overflow parkinL;,open space,and temporary uses(i.e. outdoor markets, car shows.mobile sales units, special events,and others as outlined in UDC 3- 4. If by 2044.no Valley-wide study is adopted or the Treasure Valley High Capacity Transit Study determines a transit station is not necessary here,this restriction shall be null and void. i. All future landscaping and lighting shall be consisting with the TMISAP and Public Works standards. j. No accesses to N. Ten Mile Road and W. Franklin Road are approved with this application;access points to these arterial roadways will be reviewed in conjunction with the future traffic impact study required by Ada County Highway District(ACHD) upon future development of the subject site and any future subdivision. k. Upon future development,the Applicant shall construct half plus twelve feet of the required right of way for the future collector street located in the southeast corner of the property. 1. The Applicant shall construct the east-west street in the northern portion of the site as a frill public street mAdin;.in_the_southeast_cgrn�,LQf tl7e�ro�Q5ed CivicaU along the eastern pr-operly botindar-y and wholly en this property st the 064111-56t F_ .,a....,,.i1i the „1hL- 66ffiff 4 th ending ifi th f4he s4 eemef of the site where the C-i Ae fiikire- ,.,.,a:--se S as shown on the approved Develo rn n Exhibit VILC.}Plan in m. Future development of this site shall comply with the Ten Mile Interchange Specific Area Plan[TMISAP] goals submitted by the Applicant,as shown in Exhibit VII.CD, all other goals stated in the TMISAP shall also be complied with to the extent possible other than the Floor Area Ratio(FAR)requirement. Page 31 Page 206 Item#9. n. Future development of both the commercial and residential structures shall comply with the applicable architectural design guidelines within the TMISAP and the Architectural Standards Manual(ASM). o. Future development shall be consistent with the development and dimensional standards listed in UDC 11-2A-8 for the R-40 zoning_district_and those listed in UDC 11-2B-3 for the C-G zoning district. p. The Applicant shall comply with the ordinances in effect at the time of application submittal. q. The future residential development on this site shall be developed with a density range of 8-15 dwelling units per acre, based on the acreage of the entire site. r-. The Appheant sliall integrate the Ten Mile Creek into the devel. the development. s. If an agreement with ACHD to relocate their pond to the constrained piece in the southwest corner of the site is not accomplished.T'#ethe Applicant shall coordinate with the Parks Department to include a public amenity (trail huh lot) in the southwest corner of the site,labeled as possible ACHD pond relocation on the bum concept plan. If an neither agreement wiIh the Gannet be made,the Applicant may construct this area with a specialty use that allows for an activity node for the development. Future development plans shall show this area of the bugle concept plan with greater detail following these discussions. t. Minimally those commercial buildings fronting along the central thoroughfare. proposed to be built adjacent to the labeled street section 2, shall be built as close to the bark of sidewalk as possibie--outdoor dining may be used in this area as an alternative but building facades shall be built no further than 10 feet from back of sidewalk in any case. u. The proposed plazas as shown in Exhibit VILE shall be built as raised islands for added pedestrian safety_and placemaking, the addition of bollards shall also he considered for added safety and to delineate travel areas. v, Future development and potential changes to the development shall include no more than 45%of the subject site with residential uses,as measured in acres and square feet. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.I A street light plan will need to be included in the preliminary plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards, 1.2 The City owns and maintains a reclaimed water system adjacent to the subject site. Connection to this systern is required for irrigation use. Use of reclaimed water is contingent on final design/demand. Declaimed water is only for commercialloffrce areas (n❑ residential). All reclaimed lines/sprinklers must be designed pet the city's reclaimed specifications including signage. Applicant shall be required to execute a user agreement Page 32 Page 207 Item#9. before water delivery. (See"Sample Reclaimed Water USER MANUAL" and "December 2017 RECYCLED WATER USER AGREEMENT" for additional information and examples.) 1.3 A Floodplain Development Permit is required for effective A Zone development. Applicant's engineer may want to extend the TM Crossing Hydraulic Study to determine actual floodplain and BFE's. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A)and an 8112"x i 1"rnap with hearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 24 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-83). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 15 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2_6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 1 1-3A-b. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. -- Page 33 Page 208 Item#9. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 S. Contact Central District Health for abandonment procedures and inspections(208)375-521 1. 2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building pennits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process, prior to the issuance of a plan approval letter. 2.I3 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 116 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 119 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or AC HD.The design engineer shall provide eertification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2 20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting,A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx"id=272. 212 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for . Page 34 Page 209 Item#9. surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the forrn of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221 l. C. NAM PA&MERIDIAN IRRIGATION DISTRICT(NMID) hrtps:llweblink.meridiancity.omg/WebLinklDocView.aspx?id=188672&dbid=O&repo=Meridian itV D. CENTRAL DISTRICT UEALTH(CDH) htt s:Ilwel�iiiik.?tieridianciA,.or IWehLinklDoeView.as --0id--187422&dbid Ochre o=MeridianC i(y E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:Ilwebliiak.meridiancitil.oI7lWebLinklDocl ieit,.g.Wx?irk 189937&dbid=O&repo=Meridian C a, F. COMPASS(COMMUNITY PLANNING ASSOCIATION) htlps:llweblink,meridians•ib,-.orglWebLinklDoc View,aWx?id=188458 'cdbid=f3&Wo=MeridianC itv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-53-3E) Required Findings. Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to C-G, T" C`iFd TX a a ii ets and n&R4w-R-40 zoning district is consistent with the Comprehensive Plan, if all provisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment will allow for the development of multiple r}pes o1'residential and commercial uses which will contribute to the range of housing opportunities available within the City and more employment opportunities in the Ten Mile Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed Use Commercial designation gl'the Ten Mile Interchange Specific Area Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Page 35 Page 210 Item#9. Cointnission_inds the proposed zoning nnrp amendment should trot be detritnental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to,school districts; and Co►nmission finds the proposed zoning tamp amendment will not result in an adverse inipac-t an the delivery of services by un}y political subdivision providing public services within the City. 5. The annexation (as applicable)is in the best interest of city. Cominission finds the proposed anne-xalion as in the best interest of'the CitiF per the Analysis it;Section V and the DA provisions contained herein. Page 36 Page 211 Item#9. EXHIBIT C Development Plan THE GATEWAY AT 10 MILE -:�JII13131111111l111111111111FIIIIIIItllflllllll111l11111111lIIIIIII1111 RAILROAD RIGHT OF WAY j— C-C R-40�1 RAILROADRIGHTOTWAY -- .=.�,'L`.�.i�*��:�_.>_�. '!—___ —'�.�er--•,AIR'-:.sl-•.�_. OPEN AREA 4STORY APARTMENTS j Wl ELEVAIOR EXECUTIVE MULTI-STORY APARTMENTS -------------- -r secrlDn 1 _ ' -- - - -- ,� V cl .._ .._ = - k'STORY�PA13fKghYfS :LL Vfl ELEVATOR EXECUTIVE �'^' -m ... - •! APARTMENTS ,rJ - .I PIAZAA I r OPEN AAEA STREET EXECUTIVE —"'�-"Y-----`---------� I +! — 41TORY APARTMENTS !PATHWAY W/ELEVATOR APARTMENTS S - �.-�`—-r\ n TYPICAL[ � __ I^L e STORY rp --- W rowneoMEs �fi ,yi `\ 33 iSl_:Ii% 35TORY ' 35TOPY I WITH GARAGE IT ..I L J L..'ry oN KITTTOM R-40 CG SECTION �• `3'/. ? .:�. IYCLTI-STORY - I it PLA2A A 0 PRIVATE STREEV 1141CAq I -` ACRC Hill 1 5TCRY 1 STORY NOT PART F P 1 1 I I'llA PUS5ISL5 RCM PT II PONORELOCATION FRAM KLI N ROAD [PRINCIPAL AHrERIAV SM AMA CAECULATIGWA 4-STORY APARTMENTS:576.309 5F 113.23 ACRES! 3-STORYTOWNHOMES:133,301 SF{3.06ACRESI -COMMERCIAL/OFFICE W,43E15F{22.67ACRES] DEVELOPMENT PLAN Page 212