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
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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
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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;
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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
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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.
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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
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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.
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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
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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]
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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
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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
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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
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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.
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Item#9.
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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
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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.
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Item#9.
ppl LANpS
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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.
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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
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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
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9233 West State Street Boise,Idaho 83714 • 208.639.6939 • kmengilp.com
Page 170
Item#9.
10 NL LAND
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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
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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
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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
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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
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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
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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
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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 -
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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-
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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 -
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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.
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Page 17
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Item#9.
10
WEST 1/4 CORNER 0 125 250 500
N
/ 12 SECTION 11
Scale: 1" = 250'
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7
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eoisf,irHwo 83714
"ONE 12W639M9 City of Meridian Annexation
Ada County, Idaho
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❑ 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
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227.97 237.1a
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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.
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Page 20
Page 195
Item#9.
TO NNL LAND SG
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`-�WEST 1/4 CORNER o f
11 SECTION 11 Q 6662
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S8828'33"E 643.44'
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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
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Item#9.
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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
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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
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9233 West State Street Boise,IdahoSA714 • 20&639,6939 kmengllp.com
Page?3
Page 198
Item#9.
10 pL LApO
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WEST 1/4 CORNER yy��\CE HS'r& P<
11 SECTION 11
6662
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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
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Item#9.
54DI I
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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
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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
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CG L2
COMMERCIAI
1
_— '��-.•••.•►i..>�.� wry���.�i���A ' fie.. - • -•►-•.•..•. �'S�
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z i I COMMERCIAL OFFICE/RETAIL RESIDENTIAL
1
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'* -.' • [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
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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 -
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46
TYPICAL •••••� ENTS EXMlJ7IVE
PATNY� _ ' TOR ; APARTMENTS
IWCW
TYPICAL _� v
TONNNOMM
r2I9RY 3SSORY 35fORY WITHGARAGj
k 4+
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[PI RCIPAL ARTERIAL]
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-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
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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)
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D. CENTRAL DISTRICT UEALTH(CDH)
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E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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F. COMPASS(COMMUNITY PLANNING ASSOCIATION)
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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
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RAILROAD RIGHT OF WAY j— C-C R-40�1 RAILROADRIGHTOTWAY
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OPEN AREA 4STORY APARTMENTS j
Wl ELEVAIOR EXECUTIVE
MULTI-STORY APARTMENTS
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STREET EXECUTIVE
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[PRINCIPAL AHrERIAV
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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