Z - Development Agreement Item#11.
ADA COUNTY RECORDER Phil McGrane 2021-089157
BOISE IDAHO Pgs=89 CHE FOWLER 06/09/2021 08:52 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. SCS Brighton,LLC,Owner
3. SCS Brighton U,LLC,Owner
4. DWT Investments,LLC,Owner
5. SCS Investments,LLC,Owner
6.. SCS TM Creek,LLC,Owner
7. Brighton Land Holdings,LLC,Owner
8. Ten Mile Crossing,Inc.,Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 8th day of June , 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,SCS Brighton,LLC,whose address is 2929 W.Navigator Drive#400,
Meridian, ID 83642; SCS Brighton II, LLC, whose address is 2929 W. Navigator Drive #400,
Meridian, ID 83642; DWT Investments,LLC, whose address is 2929 W. Navigator Drive#400,
Meridian, ID 83642; SCS Investments,LLC, whose address is 2929 W. Navigator Drive #400,
Meridian, ID 83642; SCS TM Creek, LLC, whose address is 2929 W. Navigator Drive #400,
Meridian, ID 83642; Brighton Land Holdings,LLC,whose address is 2929 W. Navigator Drive
#400,Meridian,ID 83642,hereinafter called OWNERS and Ten Mile Crossing Inc.,whose address
is 2929 W.Navigator Drive#400,Meridian,ID 83642,DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owners are the sole owners,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§67-6511 A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owners/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 11-5B-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land;and
DEvELOPMENT AGREEMENT—TEN MiLF CROSSING(H-2020-0074) PAGE 1 OF 16
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Item#11.
1.4 WHEREAS,Owners/Developer has submitted an application for the Rezone
of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning
district; 3.9-acres from the TN-C and C-G zoning districts to R40 zoning
district; 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning
district; and 0.53-acre from the TN-C zoning district to the C-G zoning
district;and, Development Agreement modification to terminate all existing
agreements in the Ten Mile Crossing development area in favor of one master
agreement to govern future development of the overall area. The proposal
includes a request for adoption of project-specific design guidelines to
supersede those in the Ten Mile Interchange Specific Area Plan(TMISAP),
which include deviations from certain goals and guidelines including
decreased floor area ratios,different street and streetscape designs,landscape
and architectural design elements and site development standards,including an
increase in height in the C-G zoning district of up to 100-feet to allow for 6-
story buildings[i.e.TM Crossing-AZ-12-005(Inst. 114002254, 1 st Addendum
#2016-062220, 2nd Addendum #2017-051907, TMC Expansion #2019-
011700); TM Creek/TM Creek East-AZ-13-015/H-2015-0018 (Inst.
#114045759, 1st Addendum#2016-073497,2nd Addendum#2017-113747);
Ten Mile Center-AZ-14-001 (Inst. #2014-065514); Calnon Properties -H-
2015-0017(Inst.2016-030845);and Bainbridge Franklin-H-2018-0057(Inst.
#2019-077071)]., under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made;and
1.5 WHEREAS,Owners/Developer made representations at the public hearing
before 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 Development
Agreement Modification held before the City Council,includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction,and includes further testimony and comment;and
1.7 WHEREAS, on the 12`h day of May, 2021, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B";and
1.8 WHEREAS,the Findings require the Owners/Developer to enter into a new
Development Agreement on only the subject property listed in Exhibit"A"
before the City Council takes final action on final plat;and
1.9 WHEREAS,Owners/Developer deem 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
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 2 OF 16
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1.10 WHEREAS, The subject property listed in Exhibit "A" shall no longer be
subject to the terms of the existing Development Agreements [i.e. TM
Crossing-AZ-12-005 (Inst. 114002254, 1st Addendum #2016-062220, 2nd
Addendum#2017-051907,TMC Expansion#2019-011700);TM Creek/TM
Creek East-AZ-13-015/H-2015-0018 (Inst. #114045759, 1st Addendum
#2016-073497,2nd Addendum#2017-113747);Ten Mile Center-AZ-14-001
(Inst.#2014-065514);Calnon Properties-H-2015-0017(Inst.2016-030845);
and Bainbridge Franklin -H-2018-0057 (Inst. #2019-077071 )] upon the
property owner(s)entering into this new agreement.
1.11 WHEREAS,City requires the Owners/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
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 OWNERS: means and refers to SCS Brighton,LLC,whose address is 2929
W. Navigator Drive #400, Meridian, ID 83642; SCS Brighton II, LLC,
whose address is 2929 W.Navigator Drive#400,Meridian,ID 83642;DWT
Investments, LLC, whose address is 2929 W. Navigator Drive #400,
Meridian, ID 83642; SCS Investments, LLC, whose address is 2929 W.
Navigator Drive#400, Meridian, ID 83642; SCS TM Creek, LLC, whose
address is 2929 W.Navigator Drive#400,Meridian,ID 83642;and Brighton
Land Holdings, LLC, whose address is 2929 W. Navigator Drive #400,
Meridian, ID 83642 hereinafter called OWNERS, the parties that are
developing said Property and shall include any subsequent owners(s) of the
Property.
DEVELOPMENT AGREEMENT—TEN MILE CRossING(H-2020-0074) PAGE 3 OF 16
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3.3 DEVELOPER: means and refers to Ten Mile Crossing,Inc.,whose address
is 2929 W. Navigator Drive #400, Meridian, ID 83642, hereinafter called
DEVELOPER,the party that is developing said Property and shall include any
subsequent developer(s)of the Property.
3.4 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 rezoned 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. Owners/Developer shall develop the Property in accordance with the
following special conditions:
(1) Future development shall be consistent with the guidelines for development in
the Ten Mile Crossing Design Guidelines pertaining to land use,transportation
and design; UDC standards; and design standards in the Architectural
Standards Manual,except for the deviations specified in this agreement.
(2) Public art shall be incorporated at the entries of the site to create a sense of
arrival and as appropriate throughout the overall development. Public art
should contribute to the character and identity of the City and should be
incorporated in the design of streetscapes, plazas, public spaces associated
with buildings, etc. Art should be easily visible to the public (e.g. on the
exterior of buildings rather than in lobbies, or visible from the street or
publicly assessible open spaces rather than interior courtyards.
(3) Building height in the C-G zoning district for structures in the area governed
by this agreement is allowed to extend up to a maximum of 100-feet without
further application.
(4) Direct lot access via S.Ten Mile Rd.and W.Franklin Rd.,arterial streets;and
W.Cobalt Dr.,S.Wayfinder Ave.,S.Vanguard Way and S.Benchmark Ave.,
collector streets,is prohibited in accord with UDC 11-3A-3 unless otherwise
approved by the City and ACHD. City Council approved waivers to UDCJJ-
3A-3for direct access via S. Ten Mile Rd., W.Franklin Rd.,S. Wayfinder A ve.
and W. Cobol t Dr,as shown on the preliminary plat and concept plan for TM
Creek Subdivision(AZ 13-0156;PP-13-030).
(5) The design of future buildings in this development shall incorporate design
elements that are generally consistent with those in the "typical' elevations
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 4 OF 16
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Item#11.
shown in Section VIII.G and the architectural design guidelines in the Ten
Mile Crossing Design Guidelines.
(6) The developer shall continue to work with Valley Regional Transit(VRT)to
determine the nature and timing of public transit services needed in this area.
With each final plat development phase,an update should be provided to the
City.
Shelters should be placed at transit stops for weather protection to patrons;the
design of such should be coordinated between the City, VRT and ACHD
ensuring architectural consistency with the general theme of the activity
center. Transit locations should include pedestrian amenities such as
landscaping,pedestrian and landscape lighting,benches and trash receptacles
consistent with the design and location of the shelter.
(7) Prior to the City Engineer's signature on the first final plat for TM Center,the
developer shall submit a surety to the City of Meridian for the cost of a
Welcome to Meridian sign to be placed off-site at the intersection of S. Ten
Mile Rd. and S. Vanguard Way. The sign shall be constructed prior to
issuance of the first Certificate of Occupancy in the first phase of TM Center
subdivision.
(8) A portion of this site along the Ten Mile Creek is located within the Meridian
Floodplain Overlay District. Prior to any development occurring with the
Overlay District,the Applicant is required to submit,and the City shall review
and approve, a floodplain development application which includes the
necessary analysis and documents under MCC Title 10,Chapter 6,including
hydraulic and hydrologic analysis.
(9) Street lights shall be installed within the tree lawn area along W.Frankin Rd.
(10) The Applicant should follow the bubble plan concept presented at the hearing,
included in Exhibit VIII.H, as they move forward with their conceptual
development plans.
(11) A significant central amenity shall be added to the concept plan for the project,
whether it be an amphitheater,a plaza,or a park.The Developer should seek
assistance from the urban renewal agency or work with Council on what that
amenity might look like.
(12) If at some point in the future the adjacent homes to the north and east of the
site(i.e.Parcel#R7192800752)redevelop commercially and the 25-foot wide
street easement depicted on the Primrose subdivision plat on the adjacent
property to the north(Lot 7,Block 3)is dedicated,a public street connection
may be required at that time.
(13) A pedestrian connection shall be provided from the residential neighborhood
(i.e.Primrose Subdivision)to the commercial development to the west on the
TM Crossing Expansion site(H-2018-0122 Parcel#R7192800752)in accord
with UDC 1 1-313-9C.3. The location of the pedestrian connection may be
within the street easement adjacent to the north property boundary.
(14) Street lights shall be installed within the tree lawn area along S.Ten Mile Rd.
and W. Cobalt Dr.
(15) Pedestrian-scale lighting shall be installed along S.Wayfinder Ave.,north of
Ten Mile Creek.
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 5 OF 16
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Item#11.
(16) All structures within the TN-C zone adjacent to S. Wayfinder Ave. north of
the Ten Mile Creek shall be a minimum of two stories in height in accord with
UDC 1 1-2D-5 and the design elements contained in the Ten Mile Crossing
Design Guidelines.
(17) Buildings along S. Wayfinder Ave. north of the creek should be built to the
sidewalk with street trees in wells and street-level store fronts.
(18) A crosswalk shall be provided across S. Wayfinder Ave.where the multi-use
pathway along the Ten Mile Creek crosses the street.
(19) Except where multi-family development may occur, for streets and block
fronts where commercial uses and pedestrian activity are most desired north of
the Ten Mile Creek, it is recommended that sidewalks be lined with shops,
restaurants,offices and galleries and that buildings be designed with multiple
sidewalk entries where feasible, generously-scaled display and transom
windows, pedestrian-scales signs and banners, and awnings or canopies for
sun shading.
(20) Sidewalks shall be provided internally along one side of all major drive aisles
for pedestrian connectivity within the development in accord with the Internal
Pedestrian Plan shown below.
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(21) South Wayfinder Ave. shall initially be constructed in accord with the street
sections shown below.Future reconfiguration of S.Wayfinder Ave.may occur
if warranted by ACHD, in accord with the street section shown below.
DEVELOPMENT AGREEMENT—TEN MR.E CROSSING(H-2020-0074) PAGE 6 OF 16
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Item#11.
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(22) The TM Creek East site (H-2015-0018) shall develop with multi-family
residential uses and shall obtain conditional use permit approval prior to
development. The overall average density target should be at least 16-25
dwelling units per gross acre. Design and orientation of buildings should be
pedestrian oriented with special Weetscape improvements to create rich and
enjoyable public spaces. A strong physical relationship between the
commercial and residential components to adjacent employment or transit
centers is critical."
(23) The subject property shall be subdivided prior to issuance of any Certificates
of Occupancy for the site.
(24) The property shall be developed in a manner that provides a transition in uses
to adjacent residential properties.
(25) A pedestrian connection shall be made to the adjacent school site to the east
(i.e. Peregrine Elementary School).
(26) The portions of the property zoned TN-C and TN-R shall be developed in a
manner that incorporates traditional neighborhood design concepts.
DEVELOPMENT AGREEMENT—TEN MILE CROSSNG(H-2020-0074) PAGE 7 OF 16
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(27) Only residential uses shall be developed within the R-8 zone. In addition to
other allowed uses, a minimum of 75 residential units shall be developed
within the TN-R zone, and a minimum of 300 residential units shall be
developed within the C-G and/or TN-C zones combined.
(28) The Kennedy Lateral and all other waterways on the site shall be piped or
otherwise covered in accord with UDC 1 1-3A-6, unless waived by City
Council.
(29) Based on the 2020 Sewer Master Plan Update, the subject property (i.e.
Parcels S 1214233668&S 1214233680)lies within two sewer boundaries.The
Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this
development is are being proposed via main extensions from the Black Cat
Trunk and Ten Mile Diversion Trunk of mains located near the Purdam Drain
within the southwest portion of the subject property and main extensions from
Franklin Road. Owner/Developer shall install mains to and through the
development, coordinate main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are
required to provide service.Minimum cover over sewer mains is three feet;if
cover from top of pipe to sub-grade is less than three feet then alternative
materials shall be used in conformance with City of Meridian Public Works
Department standard specifications.
(30) Water service to the subject property parcels#S1214233668&S1214233680)
will be via extension of mains in Ten Mile Road along the alignment of the
future east-west collector. Owner/Developer shall be responsible to install
water mains to and through the property at the time of development and to
coordinate main sizes and routing with City of Meridian Public Works
Department.
(31) Future construction of streets within this site shall be consistent with the
applicable street section as shown on the Street Sections contained in the Ten
Mile Crossing Design Guidelines.
(32) Development occurring on the subject property shall be subject to the
development agreement and conceptual development plan dated March 18,
2021,included in Exhibit V1I1.11,consistent with the MU-C and MU-R land
use designations. A mix of uses from each major use category (i.e.
commercial,residential,employment)shall be provided.No more than 30%of
the ground level development within the MU-C designation shall be used for
residences.No more than 40%of the land area within the MU-R area shall be
utilized for non-residential uses.
(33) Provide a minimum of 218 residential dwelling units on the site of varying
types (i.e. multi-family, single-family, townhouse, duplex and/or vertically
intregrated). Note: The number of units provided may be greater than 218
units without a limit on the maximum number of units.
(34) A 10-foot wide multi-use pathway shall be constructed on the site along the
south side of the Ten Mile Creek and to the property to the south(i.e.Parcel
#S 1214233668). The pathway shall be constructed in accord with the
Pathways Master Plan and UDC 1 1-3A-8. Landscaping on either side of the
pathway is required in accord with the standards listed in 11-3B-12C.
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 8 OF 16
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(35) The stub street that exists to this property at the east boundary of the site
#S 1214121133),W.Cobalt Street,from Whitestone Estate Subdivision shall
be extended with development.
(36) The Vaughn Lateral shall be piped on the site where it is currently open if
approval can be obtained from Nampa&Meridian Irrigation District(NMID)
as it is owned in-fee by NMID.
(37) This property(i.e.Parcels#S 1214212622,#S 1214121134,#S 1214120712&
#S1214121133) borders a domestic water pressure zone boundary, and
therefore with development,the applicant shall be required to install a pressure
reducing station vault and conduits for power and telemetry cabling in the
vicinity of their southeasterly connection in W.Cobalt Street.The installation
of the pressure reducing appurtenances shall be the responsibility of the
Meridian Public Works Department.Applicant shall coordinate the vault and
conduit design criteria with the Meridian Public Works Department as part of
the development plan review process.
(38) The City of Meridian currently owns and operates a sanitary sewer lift station
near the west end of W. Cobalt Street. With the development of the subject
property (i.e. Parcels #S 1214212622, #S 1214121134, #S 1214120712 &
#S1214121133), the applicant shall be required to extend a sanitary sewer
main from W. Franklin Road through the property to the lift station location
and facilitate the abandonment of the lift station.
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.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owners/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 Owners/Developer that is not cured after
notice as described in Section 7.2,Owners/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,
DEvEr oPMENT AGREEMENT—TEN MmE CRossING(H-2020-0074) PAGE 9 OF 16
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ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owners/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 Owners/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 Owners/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 Owners/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: Owners/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owners/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.
it. 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 Owners/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 Owners/Developer to the City in accordance with
Paragraph 11 above.
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13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developer agree 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
DEVELOPER:
Ten Mile Crossing,Inc.
2929 W. Navigator Drive#400
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES:Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or 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 Owners/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.
DEVELOPMENT AGREEMENT-TEN MILE CROSSING(H-2020-0074) PAGE 1 l OF 16
Page 360
Item#11.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owncrs/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 Owners/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the re-zoning of the Property and execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS: DEVELOPER:
SCS Brighton C Ten Mite Cro ing, Inc.
By: -Rb6ePf-4 L. ���jAg By: 7 oIo h-1L;ps
Its: Pre.sid&v-�a_J76 r j kjovnCor?,.,W1"er Its: Uu e.-F Do erg t in oAce -
SCS Brighton 11, LLC
/Z&
By: y2� +. i L, i ns
Its PreS # rig 4>,ACorp., W,....~.. er
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 12 OF 16
Page 361
Item#11.
DWT Investments,LLC
By: Rc ie V-. w 0 s
Its ere.s+d
SCS Investments, LLC
—Z�kg ,,,�- '
By: iG,yy t"L-i
Its
SCS TM Creek,LLC
Its
Brighton Land Holdings,LLC
By: i2o L. ip kL LV'ps
Its Qfesid.e-'* a¢ Corp.,Z-�`S �V�auasier
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 6-8-2021 Chris Johnson, City Clerk 6-8-2021
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(D-2020-0074) PAGE 13 OF 16
Page 362
Item#11.
STATE OF IDAHO )
ss:
County of ADA )
On this day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally
appeared 1�ofoex4- L. kZ Lt; o s _known or identified to me to be the 9ftscs
Brighton,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.
SHARI VAUGHAN Notary Public for p
Notary Public-Stale of Idaho
Commission Number Z0181002 Residing at:Emg !c "o
My Commission Expires Jun 1, 2024 My Commission Expires:
STATE OF IDAHO }
ss:
County of ADA )
On this day of VAX11 2021, before me,the undersigned, a Notary Publi in and for said State, ers$nally
appeared ��ioe r� 1_. 1n.�V D s known or identified to me to be the KtS.4 a� �}a,��tp�, f5CS
Brighton,11,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.
SHAR=JufnI,
Notary Public for
Notary Publ Residing at: -A i
Commission My Commission xpires:
My Commission
STATE OF IDAHO }
ss:
County of ADA )
On thi day of 2021, before me, the undersigned, a Notary Public inand for said State, erso l
appeared n(oe + Q�known or identified to me to be the Yrm.o ur. o
Investments,LLC,and the person who signed above and acknowledged tome that he executed tTie 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. tit 0
SHARI VAUGHAN Notary Public for LQ
Notary Public-state of Idaho Residing at: G_"
Commission Number 2018100 My Commission xpires: (o_ I-q,3i_L -
My Commission Expires Jun 1, 2024
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 14 OF 16
Page 363
Item#11.
STATE OF IDAHO }
: ss:
County of ADA )
On thisc&day of 2021, before me, the undersigned, a Notary Public 'n and for said State, personally
appeared i rE�a ll known or identified tome to be the Ore sAw,+ of SCS
Investments,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. L
SHARI VAUGHAN Notary Public for
Notary Public-State of Idaho Residing at: ram *- S
Commission Number 201810032 My Commission res: — -Q0 a '4
ray Commission Expires Jun 1, 2024
STATE OF IDAHO )
ss:
County of ADA )
On thiseV day o 2021,before me, the undersigned,a Notary Public in and for said State, erso all
appeared ' known or identified to me to be the �rQS trams �+ �'
TM Creek,LLC,and the person who signed above and acknowledged tome that he executed the same on behalf of said
entity.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
SHARI VAUGHAN Notary Public for a
Notary Public-State of Idaho Residing at: k—X A le.
Commission Number 20181002 My Commission xpires: �p$�
My Commission Expires Jun 1, 2024
STATE OF IDAHO }
ss:
County of ADA )
On this day of ct. 2021,before me, the undersigned, a Notary Public in and for said State,person?
appeared Zn b + L. fit:�I 1"'a s known or identified to me to be the is.o� r� o
Brighton Land Holdings,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.
SHARI VAUGHAN Notary Public for
EMYCCOO-MI-1-1-1-
STATEry Public-State of Idaho Residing at: QLG le. 7- tZ
ission Number 20181002 My Commission xpires:
ission Expires Jun 1. 2024
OF IDAHO )
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 15 or 16
Page 364
Item#11. ,
ss:
County of ADA }
On thiQ4Aday of Akoaj 2021,before me, the undersigned, a Notary Public in and for said State, personally
appeared-K p6 L.% o.; l l'o-S _known or identified tome to be the(,,, a7gcLAA bgitt[of Ten
Mile Crossing,Inc.,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 �, o
SHARI VAUGHAN Residing at: n
Notary Public-State of Idaho My Commission xpires:
Commission Number 20 18 1002
My Commission Expires Jun 1, 2024
STATE OF IDAHO )
ss
County of Ada )
On this 8th day of June 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) Notary Public for Idaho
Residing at: Meridianjdaho
Commission expires:3_28_gn?g
DEVELOPMENT AGREEMENT—TEN MILE CROSSING(II-2020-0074) PAGE 16 OF 16
Page 365
EXHIBIT A
E N Gam
October 9,2020
Teri Mile Crossing Sub-Area
Project No_19.105
Legal Description
Exhibit A
A parcel of land situated in a pogiian of Section 14,Township 3 North,Range i West,6.M..City of
Meridian,Ada County,Idaho and being more particularly described as follows;
Commencing at the norftwest corner of sell Section 14,which hears N89'09r27"W from the north 1/4 mrner
of said 5ectlon 14,thence following the northerly line of salt!Section 14,S89°09'2-r E a distance of 74A6feet;
Thence leaving said nortf*rly line,SWW'33"VV a distance of 72.W feet to the southerly right-of-way line of
VV.Fran kiln Rd.and the subdivision baunda ry of TM Creek Subdivision No-2 a rid being the POINT OF
BEG$MNING.
Thence fallowing said southerly right-af-way line and said subdivision boundary,the fonowing tvmtve courses:
1_ S89`09'27"E a distance of 176AS feet;
2. SW54Y33"W a distance of 10.70 feet-
3- SWME!'27"E a distance of 70.01)feet;
4. NOD°50'3rF 8 distance of 10.00 feet;
5. S89'09'27"E a distance of 44.37 feet;
6_ N88°2N2T'E a di5tarwe of 9.64 feet;
7. SG4"5D'33"W a distance of 7.41 feet
8_ S89'09'27"E a distance of 651.72 feed;
9. S84"34'43"E a distance of 11353 feet;
14. 588'42'21"E a distance of 1Z8.76 feet;
11, N84°21'40"E a distance of 94.56 feet;
12_ N87°3644:E a distance of 180.08 feet to the subdivision boundary of TM Cree<Subd Msion No_4;
Thence leaving said subdivision lboundary of TM Creek Subdivision Nu.2 and following said southerly right-cf-
way fine and said subdivision boundary of TM{xee k Su bdivision No-4 the following four Courses:
1. 583`19'S4"E a distance of 144.49 feet;
- $W0953"E a distance of 158.24 feet;
3. N00°3S'OrE a distance of 12.05 feet;
4_ S99`09'27"E a distance of 75.09 feet;
Thence leaving said southerly right-of-way line and fnllowiN said subdivision boundary the following two
courses;
1_ S00°34'31"W a distance of 18.'3D feet;
2_ S9M'27"E adistanm af249DOfeet,
9233 West State Street ■ Boise,Idaho 93714 - 2D8.639.6939 ■ kmenelIP.rofn
Ten Mile Crossing—H-2020-0074 Page 366
EXHIBIT A
Thence leav[ng said subdivision boundary,58"'27"E a distance of 1,079,97 feet;
The nre 589'13'12"E a distance of 467.21 feet;
The nce N001],WE a distance of 1-93 feet;
Thence 19A4 feet along the art of a circa ar cu rve to the left,said curve having a radius of GO.00 feet,a delta
angle of 18'33'54",a chord bearing of NOW05'04"W end a dhord distance of 1�F.36 feet to the said southerly
right-of--way line;
Thence following said southerly right-of-way line the Following three courses;
1. 589"13'12"E a distance of 322-98 feat;
2- NOO M27"E a distance of 20.00 Feet;
3. 589'13'12"E a dlstanm of 542.00 feet to the easterly line of the Northwest V4 of the Northeast 1/4 of
said Section 14;
Thence following said easterly line,MO"3X27W a distance of 1,2W-5afeet to the southeast corner of Bald
Nort.bwest V4 of the Northeast 1{4(northeast comer of the Southwest 114 of the Northeast V4);
Thence leaving said easterly line of the Northwest 1/4 of the Northeast 114 and followingtate easterly line Qf
said Southwest 1/4 of the Northeast 114r 50TW20"W a distance of 1,038.11 feet;
Thence leaving said easterly ll ne,N89'12'394W a distance of 450-00 fleet;
Thence SQ4'34'20e'W a distance of 290.40 feet to the Southerly line of said Southwest 1/4 of the Northnst
1/4;
Thence following said southerly line,Ngg• '12'39"W a distance of 879.80 feet to the center of said Section 14
(northwest corner of Primrose 5uhdivisi❑n);
Thence leaving said southerly line and folbwing the easterly line of the Southwest 1/4 of said Section 14
(westerly Fine of s.a id Primrose 5uhd ivision),SOW35'29 W a distance of 887-73 feet to the northwest corner of
the"Public Use Area"lot on Said Primr❑se Subdivision;
Thence leaving said easterly line(westerly line of said Primrose Subdivision)and following the northerly One of
said"Pu bllc Use Area'lot,589'11'48"E a d ista nee of 165.98 feet to the northeast comer of said late
Thence leaving said northerly line and fo Mowing the easterly line of sa id lot,SJW37'58"UV a d Istance of 440.52
feet to the Sootheast comer of said lot;
Thence leaving said easterly line and follo,Ning said 5outherfy line,N89*19'00 a distance of 166.30 feet to
the southwest co rner of said lot on the easterly line of said Southwest 1/4 of said Section 14;
Thence leaving said southerly line and folb ing5aid easterly line(also the subdivision boundary of TM
Cromi ng Subdivision No-4),500'35'29"W a distance of 15.90 feet to the narther[y right-of-way line of
Interstate 84,
Thence following the northerly right-of-way llne and sa W Su bdivision boundary,N89'34'11"W a dicta rke of
396.68 feet to the subdivision boundary cfTfvl Crossing Subdivision No.2;
Thence leaving said subdivision boundary of TM Crossing Subdivision No.4 and fo0 wing said northerly*ht-
of-way line and Said Subdlvl0on boundary of TM Crossing Subdivision No.2 the following tight courses-.
1. N8994'11"W a distance of 10kE1 feet;
2. N81'01r4i"W a distance of 83.12 fleet;
3. N$5�34'09"Wadistan€eof670.00feet
4. N04`25'51"Eadlstance-of 25.0a2eety
S. N85`34'09"Wadistan€eof110,CDfeet
6. 504'25'51"1N a distance of 15_DO f #;
7. H21,29'ci"w a distanreof42It7feet;
B. N82`36'3U"Wadistanceof185-91 feet to the subdivisionboundaryofTMCrossing Subdivision No.3;
PAGE I
Ten Mile Crossing—H-2020-0074 Page 367
EXHIBIT A
Thence leavingsaid subdivision boundary of TM Crossing No-2 and following said northerly rat-of-way line
and Bald SubdMslon Boundary of TM Cra;sing Subdivision No.3 the Following four courses,
1- N82*3&3(rW a distance of 394.97 feet;
Z. N73'55'09"W a distance of 144.00 feet;
3. N46'58'42" a distance of 166,76 feet;
4. N12TS'53"W a distance of 92-20 feet to the easterly right-of-way llne of S.Ten Mile Rd.;
Thence leaving said nartherly right-of-wa� line,and following said easterly rigrrt•uf,way line and said
subdivision bounldapy, NOI'31`49"W a distance of 71.15 feet to the subdivision boundary of TM ossing
Subdivision,
Thence leaving said subdivision boundary of TM Crossing Subdivisio n No.3 and following said easterly right-of-
way line a nd said subdivision boundary of TM Crosslog Subdivlslon the fol lowing three cou rses=
1. N0r31'49'W a distance of 396.89 feet;
2. N&T42'58'W a distance of 4.M 1Aet;
3. NOb"3C'OVE a distance of456-76feetw
Thence leaving sold subdivision houndar�and fallowing said easterly right-of-way line the following sic
Courses:
1, 589'111TE a distance of 35-18 fee;
2. N0Q 31'34"Ea distance of236-38 Net;
3- N$9'24V27`W a distance cif 46,0S feet;
4. N00 Y33"E a distance of 1,069.27 feet
5- 58'9°2627'°E a distance of 12,9S key
6, NOn9 37"E a distance of 39.28 Feet to the Subdivision boundary of TM Creek Subdivision No.1.
Thence following said easterly right-uf-my line and sated subdWiision boundary the fallowing twelve courses;
1. NO3'39'37'E a distance of 20-72`eet;
2- NBfi'2Q'234W a distance of 16.21 feet;
3. N00°33'51"E a distance of 4-41 feet;
4. N 1G'4-?07"E a distance of43.38 Feel;
S. N53'31'44"E a distance of 5A.14 Feet;
6- NO3°31'44"E a distance of 66.89 Feet;
7. N49°2627"W a distance of 43-98 feet;
.8- N03639'37"E a distance of45.01 Feed;
9. N01°43'37"1N a distance of 13213 feet;
10. 19.74 feet along the arc of a cimlarcunre to the left,said curve having a radius of 7,272.00 feet a
delta angle of 00'O '20 ,a chord bearing on NO2'SS'55"l:and a chord dicta nce of 19.74 feet;
11. N89'41'52"E a distance of 4-35 feet;
12, NOO°33'33"E a distance of 529.09 feet to the subdivision Wv ndary of TM Cree k Su bdivisio n No.2;
PAGE 13
Ten Mile Crossing—H-2020-0074 Page 368
EXH I BIT A
Thence Ieaving said subdivision boundary of TM Creek Subdivision No_1 and following said easterly right-of-
way Gne and said subd ivision bou ndary of TM Creek Subd(vision No.2 the following four courses=
1. NODa33'33"E a disc nce of 12331 feet;
2_ N07'37'31"E a distance of 80.50 feet,
3. NOO°33'2a"E a distance of 100-00 feet;
4_ 1\145a0g55"E a distance of 23.06 feet to the Pa NT OF BBGINNiNG.
Said description runtaim a total of 307.?2 acres,more or less,
w , 1 4 59
GF
�. W30,
PAGE 1 4
Ten Mile Crossing—H-2020-0074
Page 369
EXHIBIT A
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421.07 rOP34144br M v .rrs+1—
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Ten Mile Crossing—H-2020-0074 Page 370
EXHIBIT B
Item#11.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-�
AND DECISION & ORDER
In the matter of the request for Development Agreement modification to terminate all existing
agreements in the Ten Mile Crossing development area in favor of one master agreement to govern
future development of the overall area to include project-specific design guidelines to supersede
those in the Ten Mile Interchange Specific Area Plan (TMISAP),which include deviations from
certain goals and guidelines including decreased floor area ratios,different street and streetscape
designs,landscape and architectural design elements and site development standards,including an
increase in height in the C-G zoning district of up to 100-feet to allow for 6-story buildings; Rezone
of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district,3.9-acres from the
TN-C and C-G zoning districts to R40 zoning district,0.65-acre from the R-8 and TN-C zoning
districts to the C-G zoning district,and 0.53-acre from the TN-C zoning district to the C-G zoning
district; and, Preliminary Plat consisting of 83 buildable lots and 2 common lots on 132.42 acres of
land in the R-40 and C-G zoning districts,by Brighton Development.
Case No(s). H-2020-0074
For the City Council Hearing Date of: April 13,2021 (Findings on May 11,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 13, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 13. 20?1. incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of April 13,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 13,2021, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975," codified at Chapter 65,Title 67,Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title I 1 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TM CENTER AKA TEN MILE CROSSING—MDA,R2,PP H-2020-0074
-I- Page 371
Item#11.
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 13,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a development agreement modification in favor of one new
consolidated agreement,rezone and preliminary plat are hereby approved per the provisions in
the Staff Report for the hearing date of April 13, 2 02 1,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 11-6B-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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-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 1I-
6B-7C).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2020-0074
-2-
Page 372
Item#11.
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 April 13,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2020-0074
-3 Page 373
Item#11.
By action of the City Council at its regular meeting held on the 1 lth day of May
2021.
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 5-11-2021
Attest:
Chris Johnson 5-11-2021
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-11-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2420-0074
-4 Page 374
Item#11. EXHIBIT A
STAFF REPORT E IDIAT:---
COMM[7NITY DEVELOPMENT DEPARTMENT
HEARING DATE: April 13,2021
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2020-0074
TM Center-PP
Ten Mile Crossing—MBA, RZ
LOCATION: East of S. Ten Mile Rd. & south of W.
Franklin Rd., in the north half of Section
14,Township 3N.,Range 1 W.
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I. PROJECT DESCRIPTION
Preliminary Plat consisting of 83 buildable lots and 2 common lots on 132.42 acres of land in the R-40 and
C-G zoning districts;
Rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the
TN-C and C-G zoning districts to R-40 zoning district; 0.65-acre from the R-8 and TN-C zoning districts to
the C-G zoning district;and 0.53-acre from the TN-C zoning district to the C-G zoning district; and,
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Item#11.
Development Agreement modification to tenninate all existing agreements in the Ten Mile Crossing
development area in favor of one master agreement to govern future development of the overall area. The
proposal includes a request for adoption of project-specific design guidelines to supersede those in the Ten
Mile Interchange Specific Area Plan(TMISAP),which include deviations from certain goals and guidelines
including decreased floor area ratios,different street and streetscape designs, landscape and architectural
design elements and site development standards, including an increase in height in the C-G zoning district of
up to 100-feet to allow for 6-story buildings [i.e.TM Crossing-AZ-12-005 (Inst. 114002254, 1st
Addendum#2016-062220.2nd Addendum#2017-051907,TMC Expansion#2019-01 1700);TM Creek/TM
Creek East-AZ-13-0151H-2015-0018 (Inst.#114045759, ist Addendum 92016-073497,2nd Addendum
#2017-1 13747); Ten Mile Center-AZ-14-001 (Inst. #2014-065514); Calnan Properties-H 2015-0017
(Inst.2016-030845), and Bainbridge Franklin -H-2018-0057(Inst. #2019-077071)].
11. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 307.72 DA boundary; 132.42 plat boundary,46.06 rezone area
Future Land Use Mixed Use-Residential(MU-R.),Medium Density Residential (MDR),
Designations Medium High-Density Residential (MHDR),High Density Residential
MDR),Mixed Use-Commercial (MU-C)and Commercial in the
TMISAP
Existing Land uses Agricultural,commercial,restaurant,carwash,personal and professional
service,office,healthcare,multi-family residential
Proposed Land Use(s) Commercial,office and high density residential
Current Zoning Mostly C-G with some R-8,R-40,TN-C,TN-R and C-C
Proposed Zoning R-40 and C-G
Lots(#and type; 83 building(74 commercial,9 high-density residential)/2 common
bldg./common)
Phasing plan(#of 6(conceptually,based on market demand)
phases)
Number of Residential T8D
Units(type of units)
Density(gross cY:nett TBD
Open Space(acres, TBD with future residential development
total [%]1 buffer 1
qualified)
Amenities TBD with future residential development
Physical Features The Ten Mile Creek,Purdam Gulch Drain,Van Lateral and Kennedy
(.waterways,hazards, Lateral cross this site
flood plain,hillside)
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Item#11.
Neighborhood meeting September 23,2020,4 attendees
date;#of attendees:
History(previous TM Crossing—AZ-12-005(Inst. 1 14002254, 1 st Addendum#2016-
approvals) 062220,2nd Addendum#20 1 7-05 1 907,TMC Expansion#2019-
01 1700):TM Creek/TM Creek East— AZ-13-0151H-2015-0018 (Inst.
#11404575 9. 1 st Addendum#2016-073497,2nd Addendum#2017-
1 13747):Ten.Mile Center—AZ-14-001 (Inst.#2014-065514);Calnon
Properties—H-2015-00t7(Inst.2016-030845),and Bainbridge Franklin
—H-201E-0057(Inst.#20t9-077071)]
P. Community Metrics
Description Details L Page
Ada County Highway
District
• Staff report Yes
(yes/no)
• Requires AC.14D No
Commission
Action(yes/no) A full Traffic Impact Study(TIS)was not required.
• Existing Abutting roadways(Ten Mile &Franklin Rds.)are fully improved; Wayfinder
Conditions with detached sidewa[ks exists between Franklin and Vanguard;Cobalt with
detached sidewalk on the north side of the road exists from Wayfinder to the
east boundary of TM Creek East A w ments
• CIPIIFYWP ■ Linder Road is scheduled in the IFYWP to be widened to 54anes from Franklin Road to Pine
Avenue in 2020. The project includes Bridge#1120.
• Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Overland Road to
Franklin Road and will include a new 4-lane 1.84 overpass.
The intersection of Linder Road and Franklin Road is listed in the CIP to be widened to B-
lanes on the north leg.6-lanes on the south.7-lanes east.and 7-lanes on the west leg,and
signalized between 2021 and 2025.
Access One collector street access(S.New Market Ave.)and two(2)driveway
(Arterial/Collectors/State accesses are proposed via.Franklin Rd.
Hwy/Local)(Existing and
Pro oseci
Traffic Level of Servicc Better than"D"—Franklin&Ten Mile Roads(acceptable LOS is"E")
Stub Cobalt Dr.is proposed to stub to the east for future extension.
Stre et/Interc on necti vity!
Cross Access
Existing Road Network Ten Mile and Franklin Roads exist along the west and north boundaries of this
site;Wayfinder exists from Franklin Rd.to Vanguard;Cobalt extends from
Ten Mile PU to midway between Wayfinder and New Market/Benchmark.
Existing Arterial A detached sidewalk exists along Franklin,some buFfcrs;an existin-asphalt
Sidewalks 1 Buffers pathway exists along Ten Mile, some buffers
Proposed Road No improvements are proposed to adjacent roadways(Ten Mile& Franklin)
Improvements
Fire Service
■ Distance to Fire 1.7 miles—Fire Station#2
Station
• Fire Response Falls within 5-lninute response time
Time
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Item#11.
• Resource 76%for Fin Station#2—does not meet the target goal of 80%or greater-
Reliability
• Risk Identification Risk factor of 4—current resources would not be adequate to supply
service to this project(see comments in Section VllI.C)
■ Accessibility Project meets all required access,road widths and turnarounds
■ Spec iallresource An aerial device is required.the closest truck company is 6 minutes travel
needs time(under ideal conditions)—Fire Dept. can meet this need in the
required timeframe if required.
■ Water Supply Requires 1.500 gallons per minute for 2 hours. may be less if building is
fully sprinklered, which all are proposed to be
• Other Resources NA
Police Service
• distance to Police 4 miles
Station
Police Response 3.5 minutes
Time
• Calls for Service 577 within a mile of site(31112019—2/29/2020)
• Accessibility No concerns with the proposed access
o Spec ialtylresource No additional resources are required at this time;the P❑already services the
needs area
■ Crimes 67 within a mile of site(31112019—2/29/2020)
• Crashes 25 within a mile of site(31112019—2/29/2020)
West Ada School
District Joint School District No.2(dba West Ada Sehool District)has experienced significant and sustained growth in student
enrollment during the last ten years,Many oFourschvoIs throughout the district are aperating atarahove capacity. Based
on U.S.census data,we can predict that these homes,when completed,wlII house 381)t p homes_x 0.8 ner census datal
school aged children.Approval of the TM[enter will affect enrollments at the following schools in West Ada District.
Enrollment CaeacN Miles
i0w mxhow�
Peregrine Elementary 526 650 1.4
Meridian Middle School 1285 12SO 2.7
Meridian High School 2126 Z400 1.5
Due to the abundant amount of growth in the area,West Ada 1s actively building new schools,and boundaries are always
changing.These future students could potentially attend Owyhee High School.
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Item#11.
Wastewater
■ Disuice to Sewer Directly adjacent
Services
■ Sewer Shed South Black Cat Trunk shed
Estimated Project See application
Sewer ERU's
• WRRF Declining 13.96
Balance
0 Project Consistent Yes
with WW Master
Plan/Facility Plan
■ Impacts/Concerns The current sewer configuration submitted with this application,depicts at
intersection of Colbalt and New Market Avenue,Clow being enabled to go in
either the north or the west direction.This needs to be corrected so flow only
goes in one direction. Based on conversations with applicant 8" sewer line on
Cobalt will not connect to manhole at intersection,
Water
■ Distance to Water Directly adjacent
Services
■ Pressure Zone 2
Estimated Project See application
Water ERU's
P Water(duality This development will result in a long dead-end water main which may result
Concerns in poor water quality. Connecting to the south will eliminate this dead-end
and correct this problem.
• Project Consistent Yr-5
with Water Master
Plan
■ lnrpacts/Conccrns •To alleviate the water quality issues,this development must extend the
proposed 12"water main south to connect into the existing water main in S
New Market Ave(TM Crossing No 4).
•Make sure to tie into the existing 12"water stub in Vanguard(between lots
6&25,block 1)
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Item#11.
C. Project Maps(Preliminary Plat Boundary)
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Michael Wardle, Brighton Development—2929 W. Navigator Dr. 9400,Meridian, ID 83642
B. Owners:
SCS Brighton,LLC—2929 W.Navigator Dr.#400,Meridian,ID 83642
SCS Brighton II,LLC—2929 W.Navigator Dr.,#400,Meridian, ID 83642
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Item#11.
DWT Investments,LLC—2929 W, Navigator Dr.,#400,Meridian, ID 83642
SCS Investments, Inc.—2929 W.Navigator Dr.,#400, Meridian, I❑ 83642
SCS Investments,LLC—2929 W. Navigator Dr.,#400, Meridian, ID 83642
SCS TM Creek,LLC—2929 W. Navigator Dr.,#400,Meridian, 1D 83642
Brighton Land Holdings, LLC—2929 W.Navigator Dr.,#400,Meridian, ID 83642
C. Representative:
Same as Applicant
W. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 212612Q21 3/26/2021
Radius notification mailed to
property owners within 300 feet 2/23/2021 3/24/2021
Public hearing notice sign posted
31412021 4/1/2021
on site
Nextdoor posting 2/25/2021 3/24/2021
V. COMPREHENSIVE PLAN ANALYSIS
No changes are proposed to the Future Land Use Map(FLUM) or text o}'the Comprehensive Plan ar the
Ten Mile Interchange Specifc Area Plan (TMISAP).
LAND USE,
Approximately half of the property subject to the proposed new Development Agreement(DA) is
designated on the Future Land Use Map in the Comprehensive Plan as Commercial with some Medium
Density Residential(MDR), Medium High Density Residential(MHDR), High Density Residential
(HDR),Mixed Use Residential(MU-RES) and Mixed Use Commercial (MU-COM) [see pg. 111 (D-1),
Appendix D]. Development of this area is governed by the Ten Mile Interchange Specific Area Plan
(TMISAP)and existing DA's.Seepages 3-5 thru 3-9 in the TMISAP for more information on these
specific land use designations. (�
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Item#11.
Since the adoption of the TMISAP in 2007,there have been substantial changes to the FLUM in this
area. In 2012, an amendment to the map was approved for TM Crossing(CPAM-12-001)that changed
30.5-acres of land from Lifestyle Center(LC}, 8.5-acres from Medium High Density Residential
(MHDR)and 40-acres from High Density Employment(HDE)to Commercial with C-G zoning to
accommodate a range of uses including office/professional,hospitality and large& small retailers. A
market analysis provided by the Applicant at the time deemed another lifestyle center in addition to The
Village at Meridian wasn't feasible in such close proximity. Although future development wouldn't be
held to the mixed-use guidelines of the Plan, future development was required to comply with the design
goals of the Plan through the DA to ensure consistency with the Plan and the overall area. This area has
developed with several multi-story professional office and medical office buildings and is still in the
development process. Note: The Commercial land use designation i.s a FLUM designation ill the
Comprehensive Plan bars not in the TMISAP; therefore, there are no specffic design guidelines in the
Plan for this designation.
In 2015, an amendment to the FLUM was approved for Callon(H-21015-0017) that changed the FLUM
designation on 40.05-acres from Medium High Density Residential (MHDR)&High Density
Residential (HDR)to Mixed Use Commercial (MU-CONf) and 15.49-acres from Medium Density
Residential (MDR), MHDR and High Density Residential (HDR) to Mixed Use Residential (MU-RES).
In the absence of a development plan, a conceptual use plan was approved with the DA for retail, office
and service commercial uses within the MU-COM area and office/medium high-density residential uses
in the MU-RES area to ensure a mix of uses is provided in this area consistent with the underlying
FLUM designations.No development has occurred yet in this area.
Most recently in 2019 with the new Comprehensive Plan (Res, #19-2179),the FLUM designation on
approximately 52 acres of land on the western half of the Ten Mile Center(aka Treasure Valley
Investments)property was changed from Lifestyle Center(LC)to Commercial based on the finding in
the previous market analysis that another lifestyle center couldn't be supported in such close proximity
to The Village. No development has occurred yet in this area.
Conceptual development/use/roadway alignment plans were previously approved with DA's for the land
proposed to be governed by one overall new DA that currently govern future development of these areas.
TRANSPORTATION:
No road improvements are planned adjacent to this site as Ten Mile Rd. is fully improved with 5-travel
lanes, curb,gutter and a 7' wide attached temporary asphalt pathway; and Franklin Rd. is fully improved
with 5-travel lanes with curb,gutter and 5-foot wide attached sidewalk abutting the site. A traffic signal
exists at the S. Vanguard Way/S. Ten Mile Rd. intersection and a signal has been installed through the
poles at the W. Franklin Rd./S. Wayfinder Way intersection--ACHD will hang the mast arms when
warranted. Conduit was also installed at the New Market Ave. {Benchmark}/Franklin Rd. intersection
with the Franklin Road widening project to accommodate installation of a future signal which is required
to be constructed through the signal poles and luminaires prior to signature on the final plat. When
ACHD determines it's warranted in the future, the District will complete installation of the signal and
put it into operation.
Construction plans for the extension of S. Wayfinder Ave. between the two roundabouts within the
proposed plat were approved by ACHD on May 26,2020 outside of the subdivision process and the
street and detached sidewalks have been constructed. The plans were approved by the City Land
Development Division for consistency with City standards pertaining to extension of water&
sanitary sewer main lines and street lights but were not reviewed or approved by the Planning
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Item#11.
Division and do not comply with the design guidelines for that street section (i.e. "E") as
designated on the Street Section Map in the Plan and as required in the existing DA for Ten Mile
Center(see Street Design below for more information).
Construction plans for the extension of W. Cobalt Ave. from the Wayfinder roundabout to the east edge
of the Ten Mile Creek East Apartment project(midway between Wayfinder and New
Market/Benchmark)were approved by ACHD with that project also outside of the subdivision process
and the street and detached sidewalk on the north side has been constructed. These plans were also not
reviewed or approved by the Planning Division and don't comply with the street section Ei.e. "E"
(or`°D"A desired in the TMISAP for the east/west collector street connection between Wayfinder
and New MarketlBenchmark,albeit further to the south (see Street Design below for more
information).
Approval of S. New Market Ave./Benchmark from Franklin to the south boundary of the site is
requested with the proposed preliminary plat. The existing DA for Ten Mile Center requires streets to
be constructed consistent with the applicable street section (i.e."D")as shown on the Street
Section Map in the TMISAP (see Street Design below for more information).
Street Network(3-17): The Transportation System Map(TSM)included in the TMISAP(pg. 3-18,
shown below)depicts collector streets through this site connecting to existing and Future collector streets
to the north and south.These street locations coincide with the town center collector streets depicted on
the Master Street Map (MSM). Roundabouts are also depicted on the TSM.at the Cobalt/Wayfinder and
Vanguard/Wayfinder intersections, which have been constructed.
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Two(2)north/south collector streets (S_Wayfinder Way and S. New Market Ave./Benchmark) are
depicted on the plat in locations consistent with the TSM and the MSM: Wayfinder was recently
constructed. An east/west collector street is not proposed along the southern boundary of the site because
a local street(W. Navigator Dr.)was constructed further to the south with development of the adjacent
TM Crossing subdivision,which was deemed to meet the intent of the Map and provide the desired
east/west connection. An east/west collector street(W.Cobalt Dr.)is proposed and partially constructed
through the middle of this site for a connection between Ten Mile and New Market/Benchmark that is
not depicted on the TSM or the.MSM, which provides more needed connectivity in this area.
Access Control (3-17): In order to move traffic efficiently through the Ten Mile Area and optimize
performance of streets,direct access via arterial streets is prohibited except for collector street
connections. Access to arterial streets should occur via the collector road system. Wayfinder,Cobalt,
Vanguard and New Market/Benchmark are all collector streets that provide access via the abutting
arterial streets(Ten Mile&Franklin).
Two(2) driveway accesses via Franklin Rd. are depicted on the plat—one to the east and one to
the west of New Market/Benchmark on Lot 4,Block 3 and Lot 4, Block 4.The conceptual
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Item#11.
development plan included in the DA for the Bainbridge Franklin property depicts the eastern
driveway access via Franklin; however,the Applicant states this property is no longer planned to
develop in that manner.ACHD has not approved either of these accesses and is requiring a traffic
analysis be submitted to demonstrate additional driveways are necessary to serve the site. The
Ul]C's II{ 3A_) intention is to improve safety by combining and/or limiting access points to
arterial streets to ensure motorists can safety enter all streets.City Council should determine if a
waiver to the standards in UDC 11-3A-3 is appropriate for the proposed driveway accesses in the
absence of a conceptual development plan for this area. These accesses are prohibited unless
specifically approved by the City and ACHD.
Complete Streets(3-19): Streets should be designed to serve all users—motorists,bus riders,bicyclists,
and pedestrians, including people with disabilities. Bicycling and walking facilities should be
incorporated into all streets unless exceptional circumstances exists such as roads where bicyclists or
pedestrians are prohibited by law,where the costs are excessive, or where there is clearly no need. The
following are features that should he considered as a starting point for each street: sidewalks,bike
lanes,wide shoulders,crosswalks, refuge medians,bus pullouts,special bus lanes, raised
crosswalks,audible pedestrian signals,sidewalk bulb-outs,street furnishings and on-street
parking.
The street sections depicted on the plat,some of which have already been constructed,incorporate
detached sidewalks/pathways,planter strips and bike lanes along all streets; however,many of the
other desired elements are not being provided which are integral to the Ten Mile area and the
multi-modal options envisioned by the Plan. A VRT bus stop exists at the northwest corner of
VanguardlWayfinder; other bus stops are anticipated within the development. The Applicant
should address at the public hearing(or in writing prior to the hearing)what other design features
are planned for internal public streets within this development.
Street Design(3-20): The TMISAP includes several street section types for specific uses and conditions
based on projected vehicular and pedestrian usage,desired parking conditions,Specific physical
conditions,public emergency access,and streetscape character. Streets within the Ten Mile area should
be designed and sized to optimize pedestrian comfort and to facilitate slow-moving traffic, It's desirable
that lanes on streets be 1 1 feet in width with the exception of those lanes closest to the intersections with
Franklin and Ten Mile Roads which can increase to 12 feet from the point of the intersection with the
arterial street to the point of the intersection with another street or access point.
The Street Section Maly(SSM)contained in the TMISAP (pg. 3-22,shown below)depicts specific street
section classifications for each of the streets shown on the TSM based on the criteria noted above for the
area.These classifications have both a functional and a design-related classification to balance the design
considerations for pedestrians and motorists.
law'
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Item#11.
The Master Street Map(MSM)guides the right-of-way(ROW) acquisition,collector street requirements
and specific roadway features required through development, The MSM designates the collector streets
within this site as town center collectors,which are recommended to have(2)travel lanes with a center
turn lane, bicycle lanes and on-street parallel parking(if appropriate)within a 60-foot wide street
section, a 6-foot wide buffer zone and an 8-foot wide sidewalk within 88 feet of right-of-way(see
ACHD's Livable Street Design Guide pg.21,shown below). The ACHD report states the previously
approved street section for Wayfinder& the proposed street section for New Market/Benchmark meet
District policy and are consistent with the TMISAP and Town Center Collector street typology as
proposed without on-street parking and is approver. However, these street sections are not consistent
with the applicable street sections in the TMISAP in that they don't have on-street parking and have
reduced pedestrian walkways and/or buffers.
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The western north/south collector street,proposed as S.Wayfinder Ave.,designated as`E"(minor
collector street),extends from a future signalized intersection at W. Franklin Road to the south to
Vanguard. The portion north of Cobalt was approved with TM Creek subdivision. Per the Map and as
required by the existing DA for Ten Mile Center,this street should have been constructed per the
guidelines for Street Section E shown below with two(2)travel lanes, bike lanes,diagonal parking
and 12' sidewalks with trees in wells(see pgs.3-21 &3-23 in the TMISAP). However,the street
section approved by ACHD and constructed is a standard street section with (2)travel lanes, a
center turn lane,bike lanes,8-foot wide planter strips,a 5-foot wide detached sidewalk on the west
side and an S-foot wide pathway on the east side with no on-street parking, similar to that of major
collector street(i.e. Street Section C,shown below)(see street section from the proposed plat and
detail from the proposed design guidelines below). Because of the changes to the FLUM in this
area from LC to Commercial and this street providing access to the employment uses to the south,
which will likely result in a higher traffic volumes,Staff is in general support of the design as
constructed.Minor collector streets in the Plan differ from the MSM's town center collector street in
that they don't have a center turn lame and have diagonal instead of parallel parking.
Minor collector streets serve as the primary retail streets and are pedestrian-oriented and defined by
street-level storefronts. Buildings are built to 12-foot wide sidewalks with street trees in wells and
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Item#11.
pedestrian-scale lighting. A 5-foot wide dry-utilities corridor should be provided along both sides of the
street curb;both wet utilities may be located in the street;and streettights should be placed in the dry
utilities corridor on either side of the street.
Major collector streets provide access from adjacent arterial streets into the employment areas. Buildings
on these streets are set back from the street as some distance generally behind a detached sidewalk. The
sidewalk may be widened in some cases to extend to the front of commercial retail or higher density
residential buildings.
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Item#11.
Typical Street Sections
Typology
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-------------------------------------------------------------------------------------------------------------------------------------------------------------------
The eastern north/south collector street proposed as S. New Market Ave./Benchmark Ave., designated as
"D"(residential collector street), will extend from Franklin Rd. to the south boundary of the site and
connect to Navigator Dr. in the TM Crossing project. This street should be constructed in accord with
the guidelines for Street Section D shown below with two(2)travel lanes,bike lanes, parallel on-
street parking(if allowed by ACHD),8' tree-lined parkways and detached sidewalks per the
TMISAP and as required by the existing DA's for Ten Mile Center and Calnon (see pgs.3-21 & 3-
23 in the TMISAP).
The street section from the proposed plat and a detail from the proposed design guidelines shown
below differ from a residential collector street in that there is a center turn lane,wider travel lanes
and no on-street parking.ACHD has approved the proposed design; however, Staff does not
support the proposed design as it's not consistent with the TMISAP and the existing DA's and
therefore, recommends revisions consistent with Street Section D below with on-street parking.
ACHD will have to review and approve revised street sections if changes are required to the
proposed design—although on-street parking is desired and recommended,ACHD will need to
review and determine if it's safe to provide.Staff discussed the discrepancies between the proposed
plat and the town center collector in the MSM and Street Section D►vith ACHD and was told that
although the Livable Street Design Guide allows for parking on a collector street it isn't always
appropriate in all locations—because we don't know the end users for lots adjacent to these streets(a
conceptual development plan or use plan wasn't submitted)it's difficult to determine ij'on-street
parking will be appropriate. Residential collector streets in the Plan difj'er from the MSM's town center
collector.street in that they don't have a center turn lame and have a wader bu�f�j`er zone.
Residential collector streets serve the local access needs of residential, live/work, and commercial
activities within a residential neighborhood or mixed-use residential area. Buildings on these streets
should have limited setbacks behind the sidewalk and a tree lawn should be provided. On-street parking
is allowed. A 5-foot dry utilities corridor should be provided along both sides of the street curb;bath wet
utilities may be located in the street; and streetlights should be placed in the dry utilities corridor on
either side of the street.
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T=.J* J
1 W 1 w I W 1 0, 1 'rc. a rrve7 arr ne r e
Paklno ��j1A ;p Can- Pa,tiry
Street Section D c,rrm-n:rl,dane
11'RI:Mx-oF-Nq
1�re'FLOM !%wrEA 1
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on '
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•-'•k*".KIl AAII �- ASPH4T PA'IEI®IT
••:f._71EN.'ME Ca,IDA[]m 6UBaRIC[ )/a•-Nryys pUSXW FOGRFpIif.lKrF.
�YiNiG Pn-�,X s.,ugµsE
STREET SECTION: S. NEW MARKET AVE.
Typical Street Sections
Typology
Figure 7.3
Label Physical Characteristics Typical Cornlr+ertiial
A Sidewalk:5'[0 8'
Street Section,
Two-lane+Turn
Tree Lawn:W to 10' lane • f3 ike Lanes
•Navigator,east of
rj__j Tree Grate Vanguard
•Cobalt
•New Market
Lane •Wayftnder,south A IE
of Tenmile Creek
Two-Way Left Turn Lane to vanguard
�F Center Landscaped Median
Parallel parking
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
Neither the SSM shown above,nor the MSM, depicts an cast/west collector where W. Cobalt Dr.is
proposed to extend between Wayfinder and New Market although it does depict such further to the south
in alignment with the access via Ten Mile Rd. along the southern boundary of this site which was
actually constructed further to the south(i.e.Navigator Dr.) as discussed above.This southern section is
designated as a minor collector street("E") on the Street Section Map in the TMISAP and as a town
center collector on the MSM. The portion of Cobalt west of Wayfinder is designated as a residential
collector street(Street Section D)but was approved to be constructed as a major collector street closely
aligning with Street Section C due to residential uses not being planned at that time in that area—since
that time,the development plan changed and multi-family residential uses have been constructed along
the north side of the street,east of S. Innovation Ln.
The extension of Cobalt will provide a connection fi•otn Ten Mile between Wayfinder and New
Market/Benchmark,which Staff believes provides much needed connectivity in this area. Residential
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uses exist and are planned on the north side of this street between Wayfinder and New
Market/Benchmark with future commercial uses likely on the south side. The section of this street east of
TM Creek East Apartments has not yet been constructed but the design has been approved by ACHD
with the subject plat. Staff is amenable to the proposed design consistent with that constructed to the
west.
Street Section C,the street section from the plat and a detail from the proposed design guidelines are
shown below. The western portion of Cobalt in front of the TM Creek East apartments project was
previously approved as part of ACHD's action on that project and has been constructed.
,W-9
' 'Tram la6t 'i' .
Low lerx
Street Section C
(IA�1�4R11 OSLi10!
��'AI�Arr-rlF-rA1
5%oasl*WkK �H'I, NrEy KMTW 5'scoxx
To
DGIIKC
Lmnw h`6r3' /.f ij� �/� .1Jr ti//.✓�IJ
M lNrM IL WRC aMENENf
Aryo WnoP,r1A. LYYYr4TF}1 iVkG�IL'E S/i'-ulnu5 tNl"Eo
�"NMUS PIr�IIN SUB?.�SE
STREET SECTION: W. COBALT DR.
Typical Street Sections
Typology
figure 7.3
Label Physical Characteristics Typical Commercial
O Sidewalk,V to 8' Street Section,
Two-Lane J Turn
Lane+Bike Lanes
Tree Lawn:S'to 10'
•Nat4gatlor,east of
Tree Grate Vanguard -�
•cobalt *rU
•New Market
Bicycle carte •Wayflnder,south A 8 r 0
of Tenmile Creek
Two-Way Left Turn Lane to Vonguord d
t Center Landscaped Median
Parallel Parking
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----•-------------------------------------------------------------------------------------------------------------------------------------------------
South Ten Mile Rd., an existing arterial street along the west boundary of the site, is designated as a
modified 4-lane parkway("A")on the Street Section Map. Buildings should address the street but be
set back some distance from the roadway to provide security to the pedestrians and bikes and a
wide tree lawn and detached trail should be provided as shown on Street Section A below.
Streetlights should be located in the tree lawn area and should be of a pedestrian scale.Dry
Futilities should be located back of the curb in the dry utilities corridor.
..:.. s...w ..N..., .� ....h.,� w,.a fps...
S I r e a l 8 a c I i a n A (AclusI roan section under design by ITD)
------------------------------------------------------------------------------------------------------------------------------------------------------
West Franklin Rd.,an existing arterial street along the north boundary of the site, is designated as a
typical 4-lane parkway("B")on the Street Section Map. Buildings should address the street but be set
back some distance from the roadway edge to provide for a tree lawn and detached sidewalk to
provide security to the pedestrian as shown on Street Section B below. Streetlights should be
located in the tree lawn area and be of a pedestrian scale. Dry utilities should be located back of
the curb in the dry utilities corridor.
J
$fir@@I S@sllon 8------------------------------------------------------------------------------------------------------------------------------------------------------
Streetscape(3-25): All streets should include street trees within the right-of-way. The proposed
development incorporates tree-lined streets with detached sidewalks throughout consistent with the Plan.
Public Art(3-47): Public art with a high quality of design should be incorporated into the design of
streetscapes. No public art is proposed. Staff recommends public art is provided in the streetscape
and within the development in accord with the guidelines in the TMISAP.
Public transit(3-25)—Commercial and employment activity centers need access by multiple modes of
transportation and should be pedestrian and transit friendly. Public transit is also important component of
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residential developments as it effectively decreases parking needs by reducing the number of cars needed
for residents.
Transit stops should be designed with shelters for weather protection to patrons; the design of such
should be coordinated between the City. VRT and ACHD ensuring architectural consistency with the
general theme of the activity center.Transit locations should include pedestrian amenities such as
landscaping, pedestrian and landscape lighting,benches and trash receptacles consistent with the design
and location of the shelter.
Valley Regional Transit(VRT)currently has an intermediate stop at Ten Mile Crossing in its Boise-
Nampa service. As the project's employment and residential.population grows and more of the internal
street systems are completed,the opportunity for expanded transit service will also grow. A bus stop has
been provided at the northwest corner of the VanguardlWayfinder roundabout in Ten Mile Crossing;
more bus stops are anticipated as the businesses and residential population in this area increases. In April
2020,the VRT Board approved a new fixed-route connecting The Village at Meridian and Ten Mile
Crossing, which is anticipated to begin service in early 2021. The Applicant's narrative states they
will continue to work with VRT on additional bus stop locations in future phases of development
as the public transportation system expands.These plans should be shared with the City with each
subsequent final plat phase.
DESIGN:
Development of the area governed by the Plan is required to incorporate design guidelines consistent
with those in the Plan as outlined in the Application of the Design Elements table(3-49). These
guidelines apply to Architecture and Heritage (3-32), Street Oriented Design(3-33), Buildings to Scale
(3-34), Gateways(3-35),Neighborhood Design(3-36),Building Form &Character(3-37), Building
Details(3-41), Signs(3-46)and Public Art(3-47),
The Applicant proposes alternate design guidelines with this application to supersede those in the Plan.
These guidelines are proposed to govern site design and development;landscape and hardscape;
architectural design for commercial,mixed-use and multi-family residential structures; signage; and
streets and pathways. A text amendment is not proposed to the Plan to exclude this area from the design
guidelines in the Plan as recommended by Staff.See Analysis below in Section Y1 far more itt formation.
Goals,Objectives,& Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
+ "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services." (3.03.03F)
Cht water and sewer service is available and can he extended bY the developer with development in
accord wilh UDC 11-3A-21.
• "With new subdivision plats,require the design and construction of pathway connections,easy
pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open
space with quality amenities."(2.02.0]A)
Pathivai:c are proposed throughout the development along at least one side of internal public streets
as shown on the pathways plan in Section 1711.F. A pathwav is planned ivith future development to
the school site to the east fin-connectivi4,and a safe route to the school. A multi-use pathway is
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proposed within the Ten Aflle Creek corridor as an amenity in accord with the Pathways Master
Plan.
• "Improve and protect creeks and other natural waterways throughout commercial,industrial and
residential areas."(4,05.01❑)
The Ten Mile creek runs eastlwest through this site and is proposed to be improved as an amenity
corridor with a inulti-use pathway.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer sy mnzs:services are proposed to
be provided to and though this development in accord with current 04,plans.
■ "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the rnid-
mile location within the Area of City Impact."(6.01.03B)
Collector streets are proposed consistent with the MSM.
• "Provide pathways,crosswalks, traffic signals and other improvements that encourage safe,physical
activity for pedestrians and bicyclists."(5.01.01 B)
Pathways are proposed within the development per the pathwgyv plan in Section VIII.F. Crosswalks,
audible pedestrian signals and other improvements to encourage safet,should be considered and
provided as appropriate for pedestrians and bicj clists.
■ "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water iqf astructure and curb. gutter and sidewalks is required to be provided with
development as proposed.
VI. STAFF ANALYSIS
A. DEVELOPMENT AGREEMENT MODIFICATION(MDA)
A modification is proposed to terminate all existing Development Agreements (DA's) in the Ten Mile
Crossing development area in favor of one new master agreement to govern future development of the
overall area. The existing DA's proposed to be replaced by the new agreement are as follows(links to
the agreements are included):
r TM Crossing—AZ-12-005 (Inst. #114002254), Ist Addendum H-2016-0054 (Inst. #2016-062220),
2nd Addendum H-2017-0027 (Inst. #2017-051907);
TM Crossing Expansion—H-2018-0122 (Inst. #2019-011700),
TM Creek/TM Creek East—AZ-13-015 (hest. 4114045759), I st Addendum TM Creek East H-2015-
0018(Inst.#2016-037777),TM Creek Addendum H-2016-0067 (Inst.#_2016_-073497).TM Creek
2nd Addendum H-2017-0124#2017-113747);
Ten Mile Center(aka Treasure Valley Investments)—AZ-14-001 (Inst.#2014-065514);
Calnon Properties— H-2015-0017 (Inst. i 016r030845); and,
D Bainbridge Franklin —H-201.8-0057(Inst.#2019-077071)
The map below depicts the Iocations and land area governed by these agreements.
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---4i
T TM CAEE CA+NQN 0AI1'�6kiL'GE'
4 TEN MILECENTER -
i�.ZYA
rNF caass�NG '. :I -
I
Expansion
1- PRO,.ECTCkfr1JNFS ARE GENER-kL
* ACTUAL AREAS IAAY VARY
These agreements include a variety of provisions for development, including standard UDC
requirements and provisions specific to each development—some of which have already been complied
with, and conceptual development plans demonstrating how the property was proposed to develop—
future development is required to generally comply with those plans. All of these developments were
required to comply with the various guidelines and design elements in the TMISAP.
Staff has reviewed these agreements and included pertinent provisions from them in the new DA;many
of the standard UDC requirements have been removed along with provisions that have already been
complied with(see recommended DA provisions in Section IX.A.1). Provisions for development of the
overall Ten Mile Crossing area governed by this DA are included as well as specific provisions for each
annexation area; a map is included that depicts the boundaries of these areas.
The proposed DA modification also includes a request for adoption of project-specific design guidelines
through the DA to supersede those in the Ten Mile Interchange Specific Area Plan (TMISAP) for the
overall Ten Mile Crossing development area referred to as the Ten Mile Crossing Design JMCD)
District.These guidelines would be the governing design and development guide for this area and would
not apply to any land not included in the Ten Mile Crossing project area.
As stated in the Introduction,the purpose of the design guidelines is as follows: to encourage flexibility,
innovation and creativity in Ten Mile Crossing's overall design and development that respond to market
demand and site specific conditions while enhancing the economic viability and quality of Ten Mile
Crossing and the City of Meridian; allow for innovative design solutions that create visually pleasing and
cohesive patterns of development;provide for the implantation and balance of a variety of uses within
the development including viable mixed-use projects; identify and define standards for uses that may
offuc in each of the land use categories;create functionally integrated development that allows for a
more efficient and cost effective provision of public services; provide for the public health,safety,
enjoyment,convenience and general welfare, and provide efficient and effective administrative
processes.
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The proposal establishes an administrative framework for the development process for this area and
includes the creation of an in-house design review board("TMCDR Board") and internal design review
process prior to application submittals to the City for Certificate of Zoning Compliance (CZQ and
Design Review(DR) approval. This Board would forward its decisions to the City for their consideration
of all project applications. Staff would review these applications and the decision of the Board,
applications found in compliance with the proposed design guidelines would only be subject to CZC
approval but not DR approval. Staff would issue Findings of Fact,Conclusions of Law(FFCL) and
Conditions of Approval of their decision,which would be appealable pursuant to the provisions in UDC
11-5A.Note: FFCL are not issued for administrative actions, only Connnissio►r and Council actions.
The Applicant's narrative states the two major distinctions between the proposed design guidelines and
those in the Plan are the floor area ratios(FAR's) and street standards(see analysis below)—the
remainder of the proposed guidelines detail,define and clarify the standards proposed to unify,guide and
govern the development of this area. See below for#tore information on requested deviations from the
Plan.
As a provision of the new DA,the Applicant also requests approval of an increase in building height to
100-feet in the C-G zoning district to allow for 6-story buildings in this area(see analysis below),
Requested Deviations from the TMISAP:
Floor Area Ratio(FAR): Floor area ratios(FAR's) are defined in the TMISAP as the gross floor
area of all buildings on a lot divided by the lot area. FAR's are used as a means for measuring the
intensity of a use and are a comparison between the land the building occupies and the floor area in
square foot of the space. The minimum FAR's desired in the Plan are based on the FLLIM designation
and range from 0.75 in MU-RES to 1.00-1.25 in MU-COM designated areas—because the
Commercial designation is not included in the TMISAP,there are no minimum FAR guidelines for
that designation.
In the proposed design guidelines, maximum FAR's are encouraged to the extent possible for the use
and building height but a minimum FAR is not specified. This will result in decreased FAR's for this
area from what was envisioned in the Plan.
Because the FAR goals have been somewhat unrealistic to achiese thus far,Staff agrees a change
is appropriate;however, City Council should determine if eliminating the nrininium FAR goals
entirely is approp►late far this area and is in the best interest c►f'the City.
■ Street and Streetscape Design: As noted above in Section V,the street sections already approved by
ACHD and constructed(i.e. Wayfinder)and proposed(i.e. New Market/Benchmark and Cobalt) are
not consistent with the guidelines in the TMISAP for those street section.
Traditional Neighborhood design concepts with a st►•ong pedestrian-orietrted faces are desired in the
Ten Mile Area to assist in creating a liveh,and active street presence with stores and residences
fronting on adjacent streets. The portion of Wayfinder north oj'the Ten Mile Creek does have on-
,street parking in the planned town center area. Pedestrian pathways are proposed along collector
streets, the Ten Mile Creek and the Kennedy Lateral as shown in Section VIII.F throughout the
development consistent with the Pathways Muster Plwr_for pedest►ian walkability and connectivity.
The proposed street design with reduced walk-wav widths, no on-streetparki►rg and wider travel lanes
will not promote as tnuch of a pedestrian fi�iend1v environment as i►atended far this area as traffic will
be flowi►rg faster ivith the proposed design.
On-street parking was desired,for this area based on the original FL UM designations and uses and
site design anticipated for this area based on projected vehicular and pedestrian usage, desired
parking,physical conditions and streetscape character. Several changes to the FLUM have been
approved since the adoption of the TMISAP as noted above bur no changes have been made to the
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Street Section Map or the street sections in the Plan. Collectively, these changes-especially the
change From 1 festyle center to commercial and C-G zoning-will result in more intense commercial
development than envisioned and will.substantially change the intended character of this area.
In the commercial areas along lVay ruder and Cobalt,Staff agrees it'.s more appropriate(and
safer) not to have on-streetparki►rg. However, in the residential and mired-use designated areas
along New Market/Benchmark,Staff is of the opinion air-street parking is still appropriate
although it's dif m offo ► a devedopnient plain for that area since the type
of street sections desired are largely based on the types o f uses adjacent to the streets. Refer to
Section V Street Design above jor Staffs recommendation or streets and streetscape designs.
Staff is not supportive of floe Applicant's proposal,for different design guidelines to apply to this
development to supersede those in the Plan through the DA as Ilse whole intent of the goals and
guidelines in the Plan is to have a unified design for the overall area governed by the Plan.
Because the Applicant requests street sections,streetscape designs and FAR's that differ fi-ono
those outlined in the Plan and doesn't want to be held to the architectural desig►r guidelines and
other guidelines in the governing plat,Staff suggested applying for an a►nendnrent to the
TMISAP to exclude this area from the Plait. Without apt amendment to the Plan, this area is
governed by the Plan and can't be superseded by another Plan. The Applicant was not in favor of
this option.
Another suggestion was to only include certain exceptions to the design guidelines in the Plait
through the DA that differ f►-Win the Plan and for the Applicant to use the proposed design
guidelines internally to ensure consistent design within their development.Since they state the
only.substantive changes to the Plan are to the street sections,streetscapes and FAR this was
Staffs preferred option. The Applicant was not in favor of this option either.
As stated above,Stafj''is of the opinion the design guidelines in the Plait cannot be replaced with
another set of design guidelines without an amendment to the Plait allowing this and referencing
the other guidelines;or an amendment excluding this area from the Plat. Otherwise, the
guidelines in the Plan apply to this area as well as the other areas within the overall Tell Mile
Area which ensure u►ritt'in the overall Ten Mile Area.
Rather titan recommending denial oj'the Applicant's request,Staff recommends approval of'an
alternative as previously suggested to only include the exceptions to the guidelines in the Plan in
the DA. If the guidelines proposed by the Applicant are truly in line with the existing guidelines as
stated, notwithstanding the exceptions, this seems to be the simpler option,and one that doesn't
conflict with the current Plan. Note:Staff has not compared the established design guidelines in
the Plan to those proposed by fire Applicant to verify they align, notwithstanding the exceptions
requested. Staff requested the Applicant include the differences between the two sets ofguidelines
in their application for transparency in what was actually being requested(i.e. how they differed)
but they did not do so.
If Council is in favor of'the proposed design guidelines,Staff recommends air application is
submitted to amend fire TMISAP to allow this area to be excepted from the existing Plan or for a
reference to be included to these design guidelines fir this area.
Requested deviation from the dimensional standard for maximum building height listed in UDC
Table 11-213-3 for the C-G zoning district:
a The maximum building height allowed in the C-G zoning district is 65-feet. Additional height not to
exceed 20%of the maximum height allowed in the district may be approved by the Director through
the alternative compliance procedures set forth in UDC ]1-5B-5-additional height shall be allowed
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when the development provides 10%of the building square feet in open space,courtyards,patios, or
other usable outdoor space available for the employees and/or patrons of the structure, excluding
required setbacks and landscape buffers per UDC 11-2B-3A.3d. Additional height exceeding 20%of
the maximum height allowed in the district or when additional height is requested without providing
the required open space in accord with UDC I 1-2B-3A.3d requires approval through a conditional
use permit, per UDC l 1-2B-3A.3e.
Because the TMISAP encourages taller buildings and greater FAR's and the UDC standards hinder
this goal. Sta ff'is supportive of allowing an increase in the maximum building height up to 100 f feet
in the C-G Zoning district through the new DA without further application.
B. REZONE(RZ)
The Applicant requests a rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G
zoning district; 3.9-acres from the TN-C and C-G zoning districts to the R-40 zoning district, 0.65-acre
from the R-8 and TN-C zoning districts to the C-G zoning district; and 0.53-acre fi-om the TN-C zoning
district to the C-G zoning district. A conceptual development plan was not submitted with this
application for the areas proposed to be rezoned as is typical for such requests.
The smaller areas proposed to be rezoned to C-G will "clean-up"the zoning in this area where it's
irregular and doesn't follow parcel lines and/or proposed streets.
The area proposed to be rezoned to R-40 south of the Ten Mile Creek will be an extension of the R-40
zoning that exists to the west and will allow for the development of additional multi-family residential
uses with conditional use pen-nit approval. The proposed zoning and use is consistent with the
underlying Mixed Use Residential (MU-RF-S)FLUM designation;the target density for this designation
is 8 to 12 dwelling units per acre. The FLUM designation of the abutting property to the west is High-
Density Residential (HER)which also allows for multi-family residential uses at a target density of 16-
25 dwelling units per acre. FLUM designations are not parcel specific and an adjacent abutting
designation, when appropriate and approved as part of public hearing with a land development
application,may be used. Because the HDR designation allows for a higher density, Staff recommends
this designation apply to fixture development of this property since the density will likely be higher than
12 units per acre if apartments are developed on the site similar to those to the west(i.e. TM Creek East
Apartments). Future development of this property is currently governed by the existing ❑A's for Ten
Mile Center and Calnon referenced above; conceptual development plans were not approved for these
projects other than a conceptual street layout for the Ten Mile Center properly. In the absence of a
conceptual development plan,to ensure a mix of uses from each major use category(i.e.
Commercial, residential,employment)are provided as set forth in the TMISAP in accord with the
provisions of the annexation, Staff recommends a conceptual use plan (i.e. bubble plan)is
submitted and included in the new DA that demonstrates compliance with the existing DA
provisions.Nate:An existing acid future development wrap is included in the proposed design
guidelines on pg. 6 that could be further defused to accomplish this.
The larger area to be rezoned to C-G between W. Franklin Rd. and the Ten Mile Creek is designated on
the FLUM as mostly Mixed-Use Commercial(ML]-COM)with approximately a quarter of the area on
the west end as High Density Residential (HDR). As noted above. because the FLUM is not parcel
specific and allows for abutting designations to govern, Staff recommends the abutting MU-COM
designation to the east apply and govern future development of the western portion of this site. The
proposed C-G zoning district is listed as an appropriate zoning choice in the Zoning District
Compatibility Matrix in the TMISAP for the MU-COM designation. The MU-COM designation allows
for a variety of uses including: commercial,vertically integrated residential,live-work,employment.
entertainment, office,and multi-family. Allowed uses in the C-G district are listed in UDC Table 11-2B-
?. Future development of this property is currently governed by the existing Development Agreements
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for TM Creek East and Calnon referenced above; conceptual development plans were not approved for
these projects. In the absence of a conceptual development plan,to ensure a mix of uses from each
major use category(i.e.commercial, residential,employment)are provided as set forth in the
TMISAP in accord with the provisions of the annexation,Staff recommends a conceptual use plan
(i.e.bubble plan) is submitted and included in the new ❑A that demonstrates compliance with the
existing DA provisions.
C. PRELIMINARY PLAT(PP)
The proposed preliminary plat consists of 83 [74 commercial and 9 high-density residential (Lots 16-24,
Block 3)] buildable lots and 2 common lots on 132.42 acres of land in the R-40 and C-G zoning districts.
The plat is conceptually proposed to develop in six phases. Phase l consisting of multi-family
apartments in TM Creek East on Lot 16. Block 3 is currently under construction and almost completed.
no development has occurred on the remainder of the site. Phase 2 commenced last year with the
Completion of Wayfinder from Vanguard to Cobalt between the existing roundabouts. The development
of Phases 3-6 may vary in area and sequence based on product need and market demand.
The proposed common lots will contain the Ten Mile Creek corridor which includes a 10-foot wide
segment of the City's multi-use pathway system on one side and the Nampa and Meridian Irrigation
District's(NMID)maintenance road on the other side(Lot 15, Block 3); and the relocated Von Lateral,
which will be deeded to NMID(Lot 1, Block 4)
Existing Structures/Site Improvements:
There are no existing structures on this site. West Cobalt Dr. has been extended from.the roundabout at
Wayfinder to the east boundary of the TM Creek East apartments project and S. Wayfinder Ave. has
been extended between the roundabouts at W. Cobalt Dr. and S. Vanguard Way but the design of these
streets was not approved with a subdivision plat and are not consistent with the street sections designated
on the Street Section Map in the TMISAP however,they do campy with ACHD standards. South
Vanguard Way from Ten Mile Rd. and the roundabout at the southwest corner of the site was approved
and constructed with the TM Crossing development to the south.
Dimensional Standards (IIDC 11-2):
The proposed subdivision and subsequent development is required to comply with the minimum
dimensional standards listed in UDC Tables 11-2A-8(R-40), 11-2B-3 (C-G)and 11-2D-5(TN-C),as
applicable. Staff has reviewed the proposed plat and it complies with these standards.
Access(UDC 11-3,4-3]:
Previous projects(i.e.TM Crossing and TM Creek subdivisions) in this area established accesses via S.
Ten Mile Rd. (i.e. Cobalt and Vanguard) and W. Franklin Rd. (Wayfinder)and collector streets
consistent with the TSM in the TMISAP and the.MSM. A new street access via W. Franklin Rd. and
collector street (New Market/Benchmark)is proposed with this plat to the east of Wayfinder consistent
with the TSM and the MSM, which will align with the segment of New Market/Berichinark to be
constructed to the south in TM Crossing Subdivision.
As mentioned above,S.Wayfinder Ave.between the two roundabouts at Cobalt and Vanguard
was constructed last year outside of the subdivision process. Although the proposed access points
and road alignments are consistent with the TSM and the MSM,the street sections constructed for
Wayfinder between the roundabouts and the proposed New MarketlBenchmark are not consistent
with the Street Section Map in the TMISAP as discussed in Sections V and VLA above. Staff
recommends New Market/Benchmark is constructed with on-street parking(if deemed safe and
acceptable to ACHD) consistent with Street Section D in the Plan.
Two(2) driveway accesses are depicted on the plat via W. Franklin Rd. on Lot 4, Block 3 and Lot 4,
Block 4.The access on Lot 4, Block 4 was previously conceptually approved with the Bainbridge
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Item#11.
Franklin annexation by the City(DA provision#1.1.1 i)and ACHD(Site Specific condition#B.1)as a
temporary full access which may be restricted to a right-in/right-nut at any time as deten-nined by ACHD
—other than this access,all other access via Franklin on the Bainbridge Franklin site was prohibited. Per
the guidelines in the TMISAP for Street Section B(pg.3-22) and access control(pg.3-17),access
should be restricted to collector streets. The(UDC 11-3A-3)also limits access points to arterial
streets.City Council approval of the proposed driveway access on Lot 4,Block 3 is required;
ACHD has required a traffic analysis to be submitted for these accesses to demonstrate that
additional driveways are necessary to service the site. Both the City and ACHD have to approve
these accesses in order for access to he granted and driveways constructed.
A cross-access/ingress-egress easement is required to be granted via a note on the plat between all
non-residential lots and to the parcel to the east I#R8580480020(now#R8580500100),Twelve
Oaks) per requirement of the existing DA for Bainbridge Franklin in accord with UDC 11-3A-
3A.2. A note should also be placed on the plat that direct lot access via S. Ten Mile Rd. and W.
Franklin Rd. and the internal collector streets is prohibited unless otherwise approved by the City
and ACHD.
Pathways(UDC 11-3A-8):
The Pathways Master Plan(PMP)depicts segments of the City's multi-use pathway system on this site
as follows: on-street within the street buffer along Ten Mile Rd.,along the Ten Mile Creek corridor and
along New Market Ave. Multi-use pathways are required to be I0-feet wide within a 144001 wide public
pedestrian easement with landscaping on either side per the standards listed in UDC 11-313-12C.
A pathways plan was submitted by the Applicant, included in Section VI1I1 that depicts 8-to 10-foot
wide pathways throughout this site and the adjacent properties owned by the same developer consistent
with the PMP totaling 3.5 miles of pathways. These pathways connect to the City's multi-use pathways
and provide a pedestrian connection to the school site to the cast. Pathways and associated
landscaping should be depicted on a revised landscape plan submitted with the final plat(s) in
accord with UDC standards and the Pathways Master Plan as recommended by the Park's Dept.
Sidewalks(UDC 11-3__ _4-1 D:
The UDC (I 1-3A-17)requires minimum 5-foot wide detached sidewalks along all collector and arterial
streets. In the Ten Milt area, the design guidelines call for wider sidewalks ranging from 6 to 12 feet
depending on the street section classification. Because 5-foot wide detached sidewalks have already been
provided in many areas within the site, Staff is amenable to continuing this minimum width with 8-to
I0-foot wide pathways provided in locations consistent with the pathway plan in Section VI11.F.
Parkways(UDC 11-3A-17):
Parkways should be provided as shown on the applicable street sections in the TMISAP for the street
classification as noted above in Section V. Landscaping shall be provided in the parkways consistent
with the standards listed in UDC 1 1-3B-7C.
Landscaping(UDC I1-3B):
A 35-foot wide street buffer is required along S. Ten Mile Rd.,an entryway corridor; a 25-foot wide
street buffer is required along W. Franklin Rd.,an arterial street; and 20-foot wide street buffers are
required along collector streets, landscaped per the standards listed in UDC 1 I-3B-7C. The design
guidelines in the TMISAP also require landscape buffers based on the street classification and the
applicable street section. Staff recommends minimum street buffers are provided in accord with
UDC standards,except for along S.Ten Mile Rd.,classified as Street Section A in the TMISAP,
which requires a 50-foot wide street buffer so that pedestrian walkways and buildings are setback
a safe distance From the street.
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Item#11.
Qualified Open Space& Site Amenities(UDC 11-3G):
Common open space and site amenities are required to be provided in residential developments in
residential districts of five acres or more in size per the standards listed in UDC I 1-313-3. Although a
portion of this site is planned to develop with residential uses in the future, no development is proposed
with this application. Future development should comply with the standards in UDC 11-3G-3,as
applicable.
As mentioned above,3.5 miles of pathways are proposed in the area shown on the pathways plan in
Section VIII.0 as an amenity for this development.
Fencing(UDC 11-3A-6, 11-3A-7):
No fencing is depicted on the landscape plan. All fencing constructed on the site is required to comply
with the standards listed in UDC 11-3A-6 and 11-3A-7.
Waterways: The Kennedy Lateral and the Ten Mile Creek run east/west across this site and the Von
Lateral runs across the northeast corner of the site.
The Ten Mile Creek lies within a IQ0-foot wide easement in Lot 15, Block 3 and is a natural waterway,
as such, it should remain as a natural amenity and not be piped or otherwise covered and be improved
with the development and protected during construction in accord with UDC 11-3 A-6. A maintenance
road exists for NMID on the north side of the creek and a multi-use pathway is planned on the south side
of the creek.
The Kennedy Lateral lies within a 55-foot wide easement and is required to be piped unless left open and
improved as a water amenity or linear open space.
The Von Lateral lies within a 40-foot wide easement and is proposed to be relocated along Franklin Rd.
in Lot 1,Block 4 and deeded to NMID.
F'loodplain: A portion of this site along the Ten Mile Creek is located within the Meridian l;loodplain
Overlay District. Prior to any development occurring with the Overlay District,the Applicant is required
to submit, and the City shall review and approve, a tloodplain development application which includes
the necessary analysis and documents under MCC Title 10. Chapter 6, including hydraulic and
hydrologic analysis.
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is
required to be installed in accord with the City's adopted standards,specifications and ordinances and
the TMISAP. See Section VIII.B below.for Public Works comii entslcanditions.
Pressurized Irrigation System (UDC 11-3,4-15):
An underground pressurized irrigation(PI)system is required to be provided for each lot within the
development as set forth as set forth in UDC I 1-3A-15.
Storm Drainage(UDC 11-3.4-18 :
An adequate storm drainage system is required in all developments in accord with the City's adopted
standards, specifications and ordinances. Design and construction shall follow best management practice
as adopted by the City as set forth in UDC 1 1-3A-18.
Building Elevations (UDC I I-3A-19 I A)dlitectup-al Stalldul•ds Manual) (TIVfISAP1
The Applicant submitted pictures/renderings of 14 existing and approved buildings at TM Crossing:
commercial,office, retail and residential strictures including multi-story office buildings.- single-story
commercial structures(medical,hospice, gym,restaurant and food service,retail,auto service);and the
first two multi-family projects(see Section VIII.G)_
The design of future buildings in this development shall incorporate design elements that are
generally consistent with those in the"typical"elevations shown in Section VIII.G. Final design of
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Item#11.
structures in this development is required to comply with the design guidelines in the TMISAP
and the design standards listed in the Architectural Standards Manual, notwithstanding the
exceptions approved with this application and included in the DA.
VII. DECISION
A. Staff:
Staff recommends approval of the requested modification to replace all existing Development
Agreements with a new agreement for the overall Ten Mile Crossing development per the provisions in
Section IX.A.1; approval of the proposed rezone in accord with the Findings in Section X; and approval
of the proposed preliminary plat per the conditions included in Section IX in accord with the Findings in
Section X.
B. The Meridian Planning& Zoning Commission heard these items on March 18,2021. At the
public hearing,the Commission moved to recommend approval of the subject RZ and PP
requests.
tests.
1_ Summary of Commission public hearing
a. In favor: ]on Wardle and David Turnbull Brighton Co .
b. In opposition:Norte
c. Commenting. None
d. Written testimony: Mike Wardle,Brighton Corp.; Doug Thompson
K. Staff presenting application: Sonya Allen
f_. Other Staff commenting on application: Bill Parsons
2_ Key issue(s')ofpublic testimony:_
a. Applicant presented a comprehensive view of the design guidelines proposed for the
Ten Mile Area and the requested modifications to the staff recommendation.
_ Key issue(s)of discussion by Commission:
a. Would like a nice central common open space/site amenity area:
b. Desire for pedestrian-scale lights to be12rovided along walkways;
C. Desire for the developer to follow the use plan submitted to ensure a mix of uses is
developed as desired;
d. Concern that it may not be appropriate to extend the building height limit up to 100-feet
in the overall C-G zoning district—certain areas may not be appropriate for buildings
that tall(e.g. adjacent to Franklin and Ten Mile Roads):
e_ Applicant's request for additional driveway accesses via Franklin Rd.,
f The Commission was geneially in favor of the proposed design guidelines for the
development.
4. Commission change(s)to Staff recommendation:
a. Applicant should work with Staff prior to the Council meeting to identify specific areas
where buildings could extend up to 100' in height&provide a conceptual diagram for
Council to consider—consider the area south of Cobalt&west to Benchmark Ave. for
those taller buildings—these areas should provide significant buffering between future
residential uses&neighborhood.roadways; The Applicant&Stadiscussed 1his(Intl
agreed that leaving flexibility in this area way be the best option—rf Council disagrees,
condition#A.la(3)should be amended accordingly.
b. The Applicant should follow the bubble plan concept presented at the hearing as they
move forward with their concept plans jsee provision#A.1 a(10)1, and
C. The Commission wanted to see some sort of significant central amenity added to the
concept plan for the project whether it be an amphitheatre,a plaza,or a park and that
they might seek assistance from the urban renewal agency or work with Council on
what that amenity might look like[see provision#A.I a(11)].
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Item#11.
5. Outstanding issues for City Council:
a. City Council should determine if a waiver to the standards in UDC 1 1-3A-3 is
appropriate for the proposed driveway accesses via Franklin Rd. in the absence of a
conceptual development 121an for this area;
b. The Applicant should address at the public hearing[or in writing prior to the hearing]
what other design features are planned for internal public streets within this
development. Per the TMISAP,the fallowing are,Leatures that.should he considered as
a starting point for each street.sideivulks, bike lanes, wide shoulders. crosswalks,
te& e medians. bus pullouts, special bus lanes. raised crosswalks, audible pedestrian
si.gtral ..sideia,alk bulb-outs, ,street fiirtiishiiw,s a►rd oti-streetparkinz
Thp-l�i�dia���p�il��ard the�it.�ni�_Qn April_],�4�..s�t_th�p��h�ng
Council moved to aporove-the subiect MDA, RZ and PPrcquests.
1 Smmary of the Citv Council m lic hearing:.
a, In favor: Jon Wardle, Brighton Development
b. In_pRpmWpn_NQac
Commenting: Garrett Blackne:Denise LaFever
d WritckL7UV�p�,%m -
�Ia�fp�c��it�ga�rnl3cali����tay�Allt'�
f. Other commenting an MWication:None
2. Kyxis�me[ wfpulZli�tes
CQUQm p�'t-&iU to t ms-Qn on-wrcel Parking-franlmi d-fa deveW e_utand
central 1pcation of mailboxes for the multi-fami1v developments;
�Q11Cerrn n��taixllTl�IQ�13 �3S�pjLr�u; Of this de�elobmenCY�'I�hY9n� �
� K�v issue[�pf�t�G�ss_i9Q��City�.��
a �t�rQuirernent fp��treet parking to be_prov-ided alnn IVew Ma�rl.etlBenchmark.
cxcluding.lhe.ZOO'_sPr.tion-w-uth.offrxxklin2d.;
$ The Applicant's request fora waiver to UDC 11_3A-3 for two(2) direct lot accesses via
Waanal Rd:; -------
Th��ppr�pri�t���Qval of sin xaiesl si idelintw�fsatd elsz amp 4£ lai$
nra=pgM-to be included in the Development A eemen
d, Th�2lp� t'-S r mt 4r_b jil tlg&lil_th� - dl�trict is 1?e allowed a xiinurn
height Qf I 00-feet. --- ---
4. City_Council change(s)to Commission recommendation:
ax LjaWgygk_hg,—ApppCant'V -sted changes to coition -Oyer-the
iyer-_tQU-D--C 113A-3-to alto t_e_w—o ro-cse�dim-ct�c-ccs-s-o-via Frm*lin-
and approved the proposed desiWI guidelines to be the governing documentfor this
deyelaum nt tplzc lud d-izt thc_I7eYcl�pment Agueemeztt. ------ -
Page 27
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Item#11.
VIII. EXHIBITS
A. Legal Description of Property Subject to New Development Agreement
lam
E N 0 1 N E E R P N G
October 9,2020
Ten Mile Crossing Sub-Area
Project No.19.105
Legal Description
Exhibit A
A parcel of land situated in a portion of Section 14,Township 3 North,Range 1 West,B.M.,City of
Meridian,Ada County,Idaho and being more particulariy described as follows:
Commencing at the northwest corner of said SecWn 14,which bears N89'09'27"1N from the north 114 corner
of said Section 14,thence following the northerly line of said Section 14,589'09'27"E a distance of 74A6 feet;
Thence leaving said northerly line,S00 50'33"W a distance of 72.00 feet to the southerly right-of-way line of
W.Frankiln Rd.and the subdivision boundary of TM Creek Subdivision No.2 and being the POINT OF
BEGINNING.
Thence following said%cutherly richt•or•way fine and said subdivision boundary,the fallowing twelve courses;
1. 589'09'27"E adistance of 176A5 feet;
2. SIVSV33"W a distance of 10.39 feet;
3. S89"09'27"E adistance of 70.CO feet;
4. NCTW331 a distance of 10.00 feet;
5. 589'09'270E adistance of44.37 feet;
6_ N881'73'22"E a distance of 9.64 feet;
7. S00°50'330W a distance of 7A1 feet;
S. S89`09'27"E a distance of 61.72 feet;
9. S84'34'43"E a distance of 11353 feet;
10. 58r42'21"E a distance of 128.76 feet;
11. N84`2V410"E a distance of 94.58 feet;
12. NS7"36'44"E a distance of ISQ08 feet to the subdivision boundary of TM Creel Subdivision No 4;
Thence leaving said subdivision boundary of TM Creek Subdivision No.2 a nd following said southerly rigor-af
way line and said subdivision houndary of TM Creek Subdivision No.4 the following four courses_
1. S83'19'54"E a distance of 144A9 feet;
2. 589'06'53"E a distance of 15824 tW:
3. N00'35'03"E a distance of 12.05 feet;
4. 589'09'27"E a distance of 75.09 feet;
Thence leaving said svutherty right-ofway line and fallowing said subdivision boundary the following two
courses;
1_ S00"34'31"W a distance of 18.30 feet;
2. S89'09'270E a distance of 249D0 feet;
9233 Wit st State Street • Do Ise,Idaho 83714 • 208.635.6939 • kntenglir.com
Page 28 — -
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Item#11.
Thence Ieavingsaid subdivision boundary.589V9'27"E a distance of 1,079.97 feet.-
The nce S89"13'12"E a distance of 467.21 feet;
Thence NI7❑°1]'S3"E a distance of 1.93 fee;
Thence 19.44 feet alo►tg the arc of a circa ar curve to the left,said curve having a radius of 60.00 feet,a delta
angle of 18"33'54",a chord hearing of N09`05'04"W and a chord distance of 19.36 feet to the said southerly
right-of-way fide;
Theme following said southerly right-of-way line the following three courses;
1. 589'13'12"E a distance of 322-98 feet;
2. N00'3427"E a distance of 20.00 feet;
3. S89'13'12"E a distance of 542.00 feet to the easterly line of the Northwest 1/4 of the Northeast 1/4 of
said Section 14;
Thence following said easterly line,SW"34'27"W a distance of 1,280.50 feet to the southeast corner of said
Northwest 1/4 of the Northeast 1/4(northeast corner of the Southwest 114 of the Northeast 1/4);
Thence leaving said easterly line of the Northwest 1/4 of the Northeast 1/4 and following the easterly fine of
said Southwest 1/4 of the Northeast 1/4,SW'34'20"W a distance of 1,038.11 feet;
Thence leaving said easterly line,N89'12'39"W a distance of 450.00 feet;
Thence 500"34'20"W a distance of 290.40 feet to the southerly line of said Southwest 1/4 of the Northeast
114,
Thence following said southerly line,NST12 39"W a distance of 879.80 feet to the center of said Section 14
(northwest corner of Primrose Subdivision);
Thence leaving said southerly line and following the easterly line of the Southwest VAI of said Section 14
(westerly line of said Primrose Subdivision),SOW35'29"W a distance of 887.73 feet tD the northwest corner of
the"Public Use Area"lot on Said Primrose Subdivision;
Thence leaving said easterly line(westerly;line of said Primrose Subdivision)and following the northerly fine of
said"Public Use Area"lot,589"11'48"E a distance of 165.98 feet to the northeast corner of said lot;
Thence leaving said northerly line and following the easterly line of said lot,500'32'586W a distance of440.52
feet to the southeast corner of said lot;
Thence leaving said easterly line and following said southerly tine,N89'19'WW a distance of 166.30 feet to
the southwest corner of said lot on the easterly line of said Southwest 114 of said Section 14;
Thence leaving said southerly line and following said easterly Cne(also the subdivision boundary of TM
Crossing Subdivision No_4),SOY3S`29"W a distance of 1.5.90 feet to the northerly right-of-way line of
Interstate 84;
Thence following the northerly right-of-way line and said subdivision boundary, N89'34'11"W a distance of
395.68 feet to the subdivision boundary cf TM Crossing Subdivision No,2;
Thence leaving said subdivision boundary of TM Crossing Subdivision No.4 and following;aid northerty right-
of-way line and said subdivision boundary of TM Crossing Subdivision No.2 the following eight courses:
1. N8934'11"W a distance of 104.E1 feet;
2. N81"01'41"W a distance of 83.12 feet;
3. N85°34'09"W a distance of 670.00 feet;
4. N0425'51"E a distance of 25.00 fleet;
5. N85'34'09"W a distance of 110M feet;
6. 504'25'51'W a distance of 15.00 feet;
7_ N81°29'01"W a distance of421.C7 feet;
S. N82'3V30"W a distance of 185.91 feet to the 5ubdiiision boundary of TM Crossing subdivision No. 3;
PAGE 12
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Page 403
Item#11.
Thence leaving said subdivision boundary of TM Crossing No.?and following said northerly right-of-way line
and said Subdivision Boundary of TM Crossing Subdivision No.3 the following four courses:
1. N82"36'30"W a distance of 394.87 feet;
2. N73"55'W W a distance of 104.00 feet;
3. N4658'42"W a distance of 166.76 feet;
4. N12905'53"W a distance of 92.20 feet to the easterly right-of-way Une of S.Ten Mile id.;
Thence leaving said northerly right-of-wai fine,and following said easterly right-of-way line and said
subdivision boundary, N01'31'49"W a distance of 71.15 feet to the subdivision boundary of TIN Crossing
Subdivision;
Thence leaving said subdivision boundary of TM Crossing Subdivision No.3 and following said easterly right-of,
way line and said subdivision boundary orTIVI Crossing Subdivision the following three courses:
1. NGI'31'49"W a distance of 396.39 feet;
2. N89042'58"W a distance of 4.00 eet;
3. NOW30'02"E a distance of 456-75 feet;
Thence leaving said subdivision boundary and following said easterly right-of-way line the following six
courses:
I. S89'11'30"E a-distance of 35.18 feet;
2. Nd0'31'34"E a distance of 236.38 feet;
3. N89'26'27"W a distance of 46.05 feet;
4. N00"33'33"E a distance of 1,06817 feet
5- 589°2627"E a distance of 12.95 feet
6. NO3°39'37"E a distance of 39.28 feet to the subdivision boundary of TM Creek Subdivision No.1,
Thence following said easterly right-of-way line and said subdivision boundary the following twelve courses:
1. NO3'39'370E a distance of 20.72-pet,
2. N86"20'23"W a distance of 16,23 feet;
3. N00"33'51"E a distance of 4A1 feet;
4. N10"47'07"E a distance of 43,38 feet;
5. N53'31'44"E a distance of 54.14 Feet;
6_ NO3"31'44"E a distance of 66.$8 feet;
7. N49"26'27"W a distance of 43.9E feet;
& NO3"39'37E a distance of 45.01 Feet;
9. N01"43'37OW a distance of 13213 feet;
10. 19.74 feet along the arc of a circular curve to the left,said cure having a radius of 7,272.00 feet,a
delta angle of p0'09'2Q",a chard bearing on N02055'55"E and a chord distance of 19.74 feet;
11. N89"41'52"E a distance of 4.35 feet;
12. N00"33'33"E a distance of 529.09 feet to the subdivision boundary of TM Creek Subdivision No.2;
PAGE 13
Page 30
Page 404
Item#11.
Thence leaving said subdivision boundary of TM Creek Subd"wision No.land following said easterly right-cf-
way Gne and said suhdivismn boundary of TM Creek Subdivision No.2 the fallowing four courses:
1. F+M13'33"E a distance of 123.31 Feet;
2. N0n7'3f'E a distance of 80,50 feet;
3. NOO'33'20"E a distance of 100.01)feet;,
4. N45"09'55"E a distance of 23,06 feet to the POINT OF BEGINNING.
Said description contains a total of 307.'2 acres,more or less.
OLL
13
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PAGE f 4
Page 3 f -
Page 405
Item#11.
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Page 32
Page 406
Item#11.
B. Rezone Legal Descriptions& Exhibit Maps
im-
9233 WEST STATE STREET j BOISE,ID 83714 1 208,639.6939 l FAX 208-639,6930
October 21,2020
Project No 19-105
Exhlbit A
legal Description for
Rezone to C-G{North)
TM Center Subdivision
A parcel of land situated in a portion of the Northeast 1/4 of the Northwest 1/4 and a portion of the
Northwest 1/4 of the Northeast 114 of Section 14,Township 3 Nnrth,Range 1 West,B.M.,City of
Meridian,Ada County,Idaho and being more particularly described as fnllaws:
Commencing at a found brass cap marking the Northwest corner of said Section 14,thence following
the northerly line of the Northwest 1/4 of said Section 14,589'09'27"E a distance of 1,577.99 feet to the
POINT OF BEGINNING.
Thence 589°09'27"E a distance of 1,080,0D Feet to a found aluminum cap marking the North 1/4 corner
of sold Section 14;
Thence leaving said northerly fine and following the northerly tine of the Northeast 1/4 of said Section
14,589'13'12"E a distance of 786.9C Feet to a point;
Thence leaving said northerly fine.S00'34'27"W a distance of 234,00 feet to a point;
Thence 576'26'39"E a distance of 556.22 feet to a point on the easterly line of said Northwest 1/4 of the
Northeast 1/4 of Section 14,-
Thence following said easterly line,500'34'20"W a distance of 459.40 feet to a point on the centerline
of Ten Mlle(halo;
Thence leaving said easterly line and following the centerline of Ten Mile Drain,S75'31'34"W a distance
of I&D.64 feet to a point;
Thence 96.67 feet along the arc of a clrcuIRrcutve to the right,said curve having a radius of 28630 feet,
a delta angle of 19'20'p0".a chord bearing of S85`11'34"W and a chord distance of 96.22 feet to a
point;
Thence N85'08'26'W a distance of 1,677,56 feet to a paint;
Thence S89'28'20"W a distance of 4,55,90 feet to a point on the easterly boundary aIfTM Creek
Subdivision No.4(Book 117 of Plats,Pages 17944-17947,records of Ada County,Idaho);
Thence leaving said centerline and following the easterly boundary of said TM Creek Subdivision f4a.4,
NOW34'31"E a distance of 765.77 feet to the POINT OF 8EGINNING.
Said parcel contains a total of 40,98t acres,more or less.
Attached hereto is Exhibit 8 arrd by this reference is hereby made a part of.
a. ... 12459 0
a �
OT
ENG NEERS SURVEYORS I PLANNERS
Page 33 - -
Page 407
Item#11.
O d
� T
0
z U
� s �
0 5W 1000 1500 t:
D c
Plan Scale:1"=Soo' Z C o
POINT OF COMMENCEMENT FOU140 ALUMINUM CAP
FOUND BRASS CAP E 1/76 CORNER SECTION 14
CORNER SECTION 14 b -0FOUND ALUMINUM CAP , Q m mN 1 4 CflRNEft SECTION 14
6ASi5 OF BE117N /0 JNW
589'O9'27"E 29'a L
,Franklin Rd. S89'13'12`E S89'13'12E SB9'13'i2"E 11 12 z
15 14 1577.99" 1080.00' p,I C m
786.90' 542.00' 1328.90'
v POINT OF 34 13 tl1 r
S00'34'27 W N00'34'20"E
d w BEGINNING Rezone Area:40.994+AC ��� I U o
a 357.00' v H
`�, ;. Parcets 51214212459,512142i258(1,
g 51214121134,51214120710&S1214120805 +' w- o n 51214212622,a portion of SIb 26'38"E c
z 51214212742&.51214121172 556.22' X Y '^
U I u Current Toning:R 40&C-C S00'34'20'W LU
v I+ 58428'20"W Propnsed Zoning:C-C 459-40'
ES M
465,90 C w
NS5 08'26 3 j
I � I fi77,5g' a
TCENTERKINE OF ¢ +�
TEN MILE DRAIN 875'31'34VW
180.64' DATE: ocoe«2020
[ PROAO S9-]03
_ I SHEET-
1 OF 1
FOUND 5/a" RESAR
NE 1/16 CORNER SECTION 14
CURVE TABLE lam
CURVE RADIUS LENGTH DELTA CHORD BR G CHORD
C3 258.50' 96.67' 19.20'W- S85'11'34"W 96.22' MINEERS,5URgEyQ11S.PWINEA3
9233 WEST srn SrpeEr
11015E 10Fr a&3r.4
PHGNEI!, I639.6939
FAX L"j fiN-6730
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Item#11.
km
92 3.3 W EST STArF STREET 1 00i5E,i❑83714 1 208.639,6939 [ FAX 248.639.6930
February 16,2021
Project No.19-105
Exhibit A
Legal Description for
Rezone to R-40
TM Center Subdivision
A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4 and a portion of the West 1/2
of the Northeast 1/4 of Section 14,Township 3 North.Range 1 West,B.M.,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at a found brass cap marking the Northwest corner of said Section 14,thence following the
northerly fine of the Northwest 1/4 0l said Section 14,S89`09'27"E a distance of 2,657.99 feet to a
found aluminum cap marking the North 1/4 corner of said Section 14;
Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of said Section
14.500`35'31"W a distance of 79 7.7 6 feet to a point on the centerline of Ten Mile Drain;
Thence leaving said easterly line and following said centerline,585'08'26"E a distance of 81.87 feet to
the POINT OF BEGINNING.
Thence following said centerline,585'08'26"E a distance of 246.53 feet:
Thence leaving said centerline,504'52'53"W a distance of 63.54 feet;
Thence 194.95 feet along the arc of a circular curve to the right,said curve having a radius of 461.00
feet,a delta angle of 24°13'44",a chord bearing of 516*59'46"W and a chord distance of 193.50 feet;
Thence 529'06'3W W a distance of 39152 feet;
Thence 4 16.98 feet along the arc of a circular curve to the left,said curve having a radius of 1,000A0
feet,a delta angle of 23'53'28",a chard bearing of N77'14'03"W and a chord distance of 413.96 feet to
the southerly line of said East 1/2 of tie Northwest 1/4;
Thence following said southerly line,589'10'36"E a distance of 232.35 feet;
Thence leaving said southerly Iine,NT49'30"E a distance of 99.7Ofeet;
Thence 469.81 feet along the arc of a circular curve to the right,said curve having a radius of 600.00
feet,a delta angle of 44°51'49"r a Chord bearing of N22'38'33"E and a chord distance of 457.90 feet 10
the POINT OF BEGINNING.
The above-described rezone parcel description contains a total of 3.895 acres,more-or less.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
12459 �
ENGINEERS I SURVEYORS I PLANNERS
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Item#11.
0
o �
ry
(A)
O 300 600 900
0
Plan Scale;1 3w
10 11 BASIS OF BEARING a
W.Franklin Rd, _ 589'09'27'E 2857.99' S69'10'12"E 2857.79' 11 12 = o
15 I4 — — — — cc
14 13 c .
POINT OF COMMENCEMENT y °
m FOUND BRASS CAP FOUND ALUMINUM CAP c
ai I NW CORNER SECTION 14 � � m m
_ N 1/4 CORNER SECTION 14
°� >`
r —z i z
vi w coLn
'>� r m
Y M I � V
cENTCauNe OF �
TEN MILE DRAIN b X w o
PDIIIT OF Lu
BEGINNING
`o `o
S85'08'26'E o
245.53' w
Rezone Area:3.895±AC S85'08'28"E p° r
Portion of 51214121172 $1,07' (TIE] 50452'53"W Q L
S12]4121133&S1214233668--- a 63.54'
Current Zoning:C-G&TN-C DATE:
Propused Zoning:R-40 PROTECT: 19-1p5
NDO'49'30'E ;
99.7 Q' SHEET
SSW i 0'36"E { y�� 1 or 1
232.35' ry6'��]•
CURVE TABLE CZ
CURVE RADIUS LENGTH DELTA CHORD0RQ CHORD LEGEND
14� FOUND BRASS CAP km
C1 461.OD' 194.95' 24'13'44" 516"59'4fi"Vf 193.50' & FOUND ALUMINUM CAP
C2 1000.00' 416.98'1 23'53'213" N7714t3"W 413.96' A CALCULATED POINT FNGlrgW5 w7lnmRS,KmNUs
9233 WES! STRtET
03 600.00' 469.81' 44'51'49' N22'36'33'E 457.90' REZONE BOUNDARY etRse,raARD n.tnax73s
— — — —SECTION LINE Prµ(2MI6r ♦39
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Item#11.
km
9233 WEST STAR STREET I BOISE,ID 93714 1 208.639.6939 M FAX 2.08.639-6930
February 16,2021
Project No.19-105
Fxhibit A
Legal Description for
Rezone to C-G(South)
TM Center Subdivision
A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 and a�artson of the
Southwest 1/4 of the Northeast 1/4 cf Section:14,Township 3 North,Range I West,B.M.,City of
Meridian,Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the center of said 5ectian 14,which bears S89"11'34"E a
distance of 2,656.47 feet from a found aluminum cap marking the West 1/4 corner of said Section 14;
Thence following the southerly line❑'said South 1J2 of the Northwest 1/4, N89°11'30"W a distance of
49.56 feet to POINT OF BEGINNING 1.
Thence following said southerly line,N89°11'30"W a distance of 50.18 feet;
Thence leaving said southerly line,NC'48'3WE a distance of 172.47 feet;
Thence 131.103 feet along the arc of a circular curve to the left,said curve having a adius of 200.00 feet,
a delta angle of 37'32'15",a chord bearing of N17'57'36"W and a chord distance of 128.70 feet;
Thence N36°43'42"W a distance of 53;-27 feet;
Thence 57.88 feet along the art of a circular curve to the left,said curve having a radius of 300.00 feet,a
delta angle of 11`03'15",a chard bearing of N47'44'41"E and a chord distance of 57.79 feet;
Thence 141.85 feet along the art of a compound curve to the left,said curve having a radius of 500.00
feet,a delta angle of 16'15'16",a chord hearing of N34"05'26"E and a chord distance of 141.37 feet to a
point hereinafter referred to as POINT"A";
Thence 500'18'58"W a distance of 494.23 feet to POINT OF BEGINNING 1.
The above-described rezone parcel description contains a total of0.654 acres,more or less.
TOGETHER WITH
Commencing at a paint previously referred to as POINT"A",Thence N00'1W58"E a distance of 262.00
feet;
Thence 271.76 feet along the arc of a circular curve to the right,said curve having 2 radius of 926.00
feet,a deft angle of 16°48'5.4",a chord hearing of N08'43'25"F and a chard distance of 2 70.7 9 feet to
POINT OF BEGINNING 2.
Thence 128.39 feet along the arc of a circular curve to the left,sold curve having a radius of 500.00 feet,
a delta angle of 14'42'45",a chord bearing of N19'19'30"W and a chard distance of 128.04 feet;
Thence 144.04 feet along the arc of a reverse curve to the right,said curve having a radius of 300.00
feet,a delta angle of 27*30*34",a chord bearing of N12'55'37"W and a chord distance of 142.66 feet;
Thence N0449'3d"E a distance of 17.95 feet;
Thence 18 2.4 9 feet along the art of a circular curve to the right,said curve having a radius of 1,000,00
feet,a delta angle of 10*27'20",a chord bearing of 570'30'59"F and a chord distance of I8213 feet;
Thence S29'06'38"W a distance of 44.98 feet;
ENGINEERS I SURVEYORS I PLANNERS
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Item#11.
Thence 193.61 feet along the arc of a circular curve to the left,said curve ha Wing a radius of 9MAD Feet,,
a delta angle of 11'58'46",a chord hAaring of 523'07'15"W and a chord distance of 19 3.2 5 Feet to
POINT OF BEGINNING 2.
The above-described rezone parcel cewiption contains a total 00.533 acres,more or less.
The total rezone desc►iptioa contains a total of 1.187 acres,more or foss.
Attached hereto i5 Exhibit B and by this reference is hereby made a part of,
bL
VS I
1245910 Q
a+
PAGE 12
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Item#11.
a S R
y L
` TM Leek Suh.Na.3 L 3
L
NW 1/16 CORNER I s m
SECTON 14
4 —� W.Ctrhalto— " vvpl Sr o
!
N I/16 CORNER Rerane Area:0.533tAC cx ro
N SECTIO.45 14& 15 4 Lri o
ParcelS121R233668 ro
Current Zanirlg TIN ns y 3
Proposed lDning:C G Ln
I POW OF
BEGINNING 2 4 (TIE) U r r
Pa rLel S12 TA233668 ND7 T B'Se"E
Current Zoning;C-G on c
m-ow (TIE) �, a
PAINT"A" � m
02 + 16
� o �
i i 5OO'18'SB'W LL1 o n
Rezone Area.,0.554±AC 494.2Y
Parcel51214233668 a �
Current Zanfng-R 8&TH{
NSW 11'30'W 4
Pra pose d Zoning.C-G `J 4B-58' (TIE)
OAiE rEy.urry apt!
� saa•i r•30"e 2556-4 7�' � �o,an: >su�
(72""Dald
ui1 &LS 5 CF IHG L11 rPOINT OF SHEET!
d£GINNING 1 1 DF 2
M CRP
W 1/4 CORNER SECTION 14 POI FO OF tI 6 ALUMINUMCOMMENCEMENT
COP
7
CENTER OF SECTION 14
LEGEND
IS ALUM114UM CAP
® CALCULATED POINT
REZONE BOUNDARY winE rs survEmu nennoes
U 400 �� — —SECTION LINE �p3 wetilsf.,'r sr�ei
■nlSf. Nr1+7iU
Vry{1kE llGE'hf9rilY
Plan Stake:1"=400' rAL rare;i.wrNm
O 6
G
� p C
❑ ❑ m
o` c
Cif RVE TABLE OIL' m
l7 1+1 na �
CURVE RADIUS LENGiK Dfi7A CHORD eRG CHORD U A
a �
C1 200.00' 131.D3' 3732'I5" N17'57'36'W 129.70' O n ep
C2 300.00' 57.88' 11'03115" N4T4-V41'E 57.70' 4) V5
c
C3 `.AO.00' 745$5' 16'15'16' N34'05'28'E 14I,37' I❑j Ql 2 -
++ " m
Cd 826.00' 271.76' 16'4d'S4' NR'43'25'E 270.78' CC �
CS 500-00' 128.39' 1C42'45' IN Ir 10,30,14 125.0w Cd
Cfi 300-00' 144.p4' 27'30'34' N12'S6'37'VI l42.88'
C7 1000.00' 182.42' 10`27W WOW55-E t82.23' r N
C8 E126.00' }9a.61' 11.584e' SLY07 1WL& LLI a
� 1
r w
v x
EINETABLE
LINE eCARING oil
w Mi
L1 N84'11'7A'Y1 50.18I��ua
L2 H0'4a'30"E 172.47 SHEET_
L3 We43'42"N 53.27 2 OF 2
l4 NO'49'30'E 17r-
L5 529'06'3E'YI 44,20
I rnxlr
y�WS;.lw lnu
rHonrl�!�®e
krn
R�r 17QiSpE�b
Page 39
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Item#11.
C. Preliminary Plat (date: 5/29/2020)and Conceptual Phasing Plan
TM CENTER SUBUIVISION PRELIMINARY PLAT
A PARCEL OF LAND OF ING A PORTION OF THE NORT NWESI L/A AND A,PORTN]H OF ME
WE5F 1/2 OF THE NORTHEAST 1/+OF SECTION 14.TOWNSHIP!NOW-IN,WWGE 1 WEST,
606E MEMIMN,❑TY Oi MEKOAN,AOA t0u1TY,IOANO4 2020 -
a
IF, I . n � f
m ♦f1 �]` s •• • V +.TY.V WIn _ IIxIL _
Tm—
kk
^"�� �� � TYI mITm suaurirau.,
.�n-F � AIwc�Wlor.w
rrin
07
�w3L!
i € .
_ . 1
{
MAUI
TM CINTLC SJe_,,
Page 40
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Item#11.
4
10
•
iu arum suaww"
ME510LW,Nl4q
gm
k m
M
rM cENm w5Dwm oh
.�,�ar.,ws.wra seas.-ee.��ago�n�r.wn IAEAICUM,IMHO
sic I n
w. PPi.o_
Page 41
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Item#11.
==T'M IINE-
SEE SKEO PP-0 �z.1 ti......
.16IL
I
f
iM CEN.E.YUOOY^PUN -
./EalnNh�CWIO
FT
i
PI'LS �
.�_.
�' -- — d
! "� - b�
~ ~ MATCH UNI-SEE SHEET PP3,1-
STREET SECTION:S.NEW MAR KEY AVE-
-——--------
—rr.ww-m -s_ _ri--'n a�E�n fA1 CfM'EF SU9�iNSIC1N
'� MEFIOUIH.i0Rr�0
Ian
.I _ _ ,�'•.l' r't.'i.��ae r.»w•r r.�..r r wucE.nwF
AwJArE nWAY¢ercw n'wci NNe enMei AUnemuxe[�w�e
iP3.0
Page 42 -
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Item#11.
MATCH UICE-SEE SHE ET PP3"0
_
~w :ram
.� yam.• ry*w
LI m �`------ - - - _
rn ry
SFREET SECTION,S-WAY;I N OE R AVE. ......-......
TM C'FME0.Su901V151Qk
W raEwol�w,�o�wo
ST RE ET 5ECTTON:W.COSAET DR.
.................
r �
r = �
i
Y I
r
r
�I
TEN ;+MILE
Phasing Plan
���= f Canca plu ad-suhjpcl to Ilia nAn
I
TEN $+ MIL-E-
Page 43 — -
Page 417
Item#11.
D. Landscape Plan (date: 5128/2020)
-----------------
_ _ ___tea�. F----------f — .
I
1 I _
EF;S
j o
I �
� *u a.xnx sveomvox
-, , fiEER 11Ul C4Cw[IIpAEIAflffy Mf1apM.�Oaw[•
T LANosCfll•E SITC PLAN io,;ti rweEs � — — ;;;y��,"
VIANIING k
c gear -I- - -- --
:as-
- - - r
�'ME9TIUN.101 HO
�f'IANTING OFTAII K? I'IANTINI i Fl[TAII Ri f
Page 44
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Item#11.
E. Roadways—Completed and Future
100% COMPLETE
• Va n g u a rd (primary entrance)
• Navigator (east1west collector/local)
• Wayfinder (north/south collector)
75% COMPLETE
■ Cobalt (east/west collector)
IS% COMPLETE
+ Benchmark (north/south collector connection to Franklin)
4 _
i
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Item#11.
F. Pathway Plan
IF
k -
EN11!r CORRIDOR
i�
- I Multi-Pun mse Pathways
TEN ;+MILE
f r Roads&Pathways
Ten Mile Crossing Dist frt .
_ - w to icr Pithmi
I F
I 2
I
TEN �+ M-IL-E- -
G. Conceptual Building Elevations/Perspectives
lth
TJr
r
LL'
BRIGHTON BUILDING {eompletej PAYLOCITY BUILDING {complete)
TM CENTER SUBDIVISION rM CENTER susm I510N
NEIISWIG EIE ATM TTPIGLS WIL➢ G MATI PP S
— Page 46
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Item#11.
NOW
AMERIBEN PHASE II (under constr) SALTZER MEDICAL (under constr)
TM CENTER WBERV610N ' TM CENTER SUBOMSPON
kKk0 N WVIIEION•6W.A15 PVINNNG fAIYAIIOx TI'RCAlS
J.
R U
LASALLE BUILDING (under constr) EXISTING SINGLE-STORY SHOPS
TM CENTER WODIVISION TM CENTER SUBOMSIO14
Pull[HNf.E15YATi[1N ttPICA15 PxNDNIC EIEYRTgN 1YPlCRLS
.0 I
+ l II
EXISTING SINGLE-STORY MEDICAL EXISTING CARWASH
W CE NT ER SIJBOIVI SION 1"CENTER 11JTi pIVI5111 P!
!H1RIlix1:!1}Vn1 Pln 1ih�al) R�:111 N:•F1�'•,x11� •1•i:ni
Paoc 47
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Item#11.
4
�i
EXISTING RESTAURANT/SHOPS (front) EXISTING RESTAURANT/SHOPS (rear)
TM CENTER SUROIV15ION
WI&MG EUVATION i MS TM CENTER SUBDIVISION
VAN PING E l EVAI ION TVMCAIS
I:� r
E.
EXISTING AUTO SERVICE THE LOFTS at TEN MILE (complete)
TM CENTER SUBDIVISION TM CENTER SUBDIVISION
3upDHG EIEVA1gN ITRCALS WL.NG UCYATRIN r&KAL5
_ 1
THE LOFTS at TEN MILE (garages) THE FLATS at TEN MILE (under constr)
T M CENTER SUE DIVIM N FM CENTE R 5USOIVISION
9NLURiG EIFVAIIUN ITPIEALS 1�N0•lG EIEVAip.ttpl[lµ5
Page 48
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Item#11.
H. FLUM Designations/Use Plan&Conceptual Land Use Plan Presented at the Commission Hearing
I •1
_ FRANKLIN RD
HEIR ■
—��r ■r ■■�•■aa■lrO POSEfl•�'a 0Ea M a aa
mu-r
MU>!.^
■
PHASE 3 -0 RESIDE4TIAL r ■.
7�.
ra.a4feeaaa•
00
aa*r■■■a•■+VEYELOPED R• FUTUREMULTI-rAMILY wr
Fr
a
PHASES 1 S 2 �• NI.D ENS RES r-. �MU
-R11
TVTVRE LIM AIG4�
TO RESIDE
fl M-HIL
®R RESIDENTIAL
MDR ,■
� .
COMMERCIAL �
CONDITION 9.f.('I) M., ,zazQ,
• MU-C- Max. 30% ground-level residential
Ml!-R-Max.40% land area non-residential
TEN MILE CROSSING CONCEPTUAL LAND USE PLAN
i L_j --
ILO —..�....—�i ram' -------------i If_------;l
1 1 �
gETAtL i � 1 ,r 1
----- —r
MLD ,f f
THE LOFTS THE FLATS --HICH..-1
�mr- I MF
� I DENslrr � r r
I L RESIDEMTIALI >�► t,.
-------'---- —--- ----�\ ► 1
I ► MEDIUM To 1
1 _ 1 MEDIUM-HIGH 1
DENSITY j
I 1 ► RESIDENTIAL t
j [future pre-pfa[ j
I i application) ► r
I 1
I
1 HE"
LW4 vE
SALT2£R rice AMERIBEN Color ❑evelopment Stat as
MEDICAL �tc Future Commercial
MEDICAL Development
o►�
Built or Approved
HOTEL
BRIGHTON PAYLOCiTY Future Residential
��— LASALLE� Development
�'r� I +.OP7 Feel
C4 or Mrndian Ana Co r-.. MARCH 1R.2021
r I.I
Page 49
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Item#11.
1. Ten Mile Crossing Design Guidelines
Link:
lsttps:lhveblink.meridiancity,or'glWebLinklDoeView.aWx?id=226536&dbid=O&repo—MeridianCity
Page 50
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Item#11.
IX. CITY/AGENCY COMMENTS&CONDITIONS
A. PLANNING DIVISION
annexations.A eoneeptual use plan (i.e.bu bble plan) sh nil he submitted at least 10 days pro a r-to the City
Council hearing,to be ineluded in the development agreemeHt,thnt demonstrates consistency with
the FniN of uses ff om eseh major use eoteger-y (i.e. eemmer-emal, r-esidentiol,empleyment) for-the
over-aii or-eft gover-ned by the DA as set fekh In the T-MISAP and the provisions of Development
Agreements associated with pireAous Done
1. A new Development Agreement shall replace all existing agreements in the Ten Mile Area as
referenced above in Section VI.A, and shall include the following provisions:
1 fRANKUR RD
� ~ 3
I _ r
TEN MILE Ctk _
„1 - l =rt•. r 141f 1.M1 rr.l.•r 4'
I CR045ti'� '
�--� TM Crossing
Expansion _
PW*IMT(%, LNF5 c R E •r.
•CTUAL AReiy". ' -ARY
a. Provisions applicable to entire development:
(1) Future development shall be consistent with the guidelines for development in the Ten Milt
into- t,.,.,ge Speei fi,Area ni.,., (T-MIS"n)Ten Mile Crossing Design Guidelines pertaining
to land use,transportation and design;UDC standards;and design standards in the
Architectural Standards Manual, except for the deviations specified in this agreement.
(2) Public art shall be incorporated at the entries of the site to create a sense of arrival and as
appropriate throughout the overall development, Public art should contribute to the character
and identity of the City and should be incorporated in the design of strectscapes,plazas,
public spaces associated with buildings,etc.Art should be easily visible to the public (e.g.
on the exterior of buildings rather than in lobbies,or visible from the street or publicly
assessable open spaces rather than interior courtyards), in Eteee_d with the TMIS"n.
(3) Building height in the C-G zoning district for structures in the area governed by this
agreement is allowed to extend up to a maximum of 100-feet without further application.
(4) Direct lot access via S.Ten Mile Rd. and W. Franklin Rd., arterial streets; and W. Cobalt
Dr., S. Wayfinder Ave., S.Vanguard Way and S. Benchmark Ave.,collector streets, is
prohibited in accord with UDC I 1-3A-3 and the TNUS""unless otherwise approved by the
City and ACHD . City
Council approved waivers to UDC 11-3A-3 far direct access via S. Ten Mile Rd., W.
Page 51
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Item#11.
Franklin Rd., S. Wajflnder-Ave. and W. Cobalt Dr. as shown on the preliminar v plat and
concept plan for TM Creek subdivision Z 13-015; PP-13-0301.
(5) The design of future buildings in this development shall incorporate design elements that are
generally consistent with those in the"typical"elevations shown in Section VII1.G and the
architectural design_guidelines in the Ten Mile Crossing_Design Guidelines,
(6) The developer shall continue to work with Valley Regional Transit (VRT)to determine the
nature and timing of public transit services needed in this area.With each final plat
development phase, an update should be provided to the City.
Shelters Should be placed at transit stops for weather protection to patrons. the design of
such should be coordinated behveen the City,VRT and ACHD ensuring architectural
consistency with the general theme of the activity center. Transit locations should include
pedestrian amenities such as landscaping,pedestrian and landscape lighting,benches and
trash receptacles consistent with the design and location of the shelter.
(7) Prior to the City Engineer's signature on the first final plat for TM Center,the developer
shall submit a surety to the City of Meridian for the cost of a Welcome to Meridian sign to
be placed off-site at the intersection of S. Ten Mile Rd. and S. Vanguard Way.The sign
shall be constructed prior to issuance of the first Certificate of Occupancy in the first phase
of TM Center subdivision.
(8) A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain
Overlay District, Prior to any development occurring with the Overlay District, the
Applicant is required to submit,and the City shall review and approve, a floodplain
development application which includes the necessary analysis and documents under MCC
Title 10,Chapter 5, including hydraulic and hydrologic analysis.
(9) Street lights at a pedestrian seale shall be installed within the tree lawn area along W,
Frankin Rd. as se4 f t4h i^ the TAArC A D
(IQ)_The Applicant should Follow the bubble plan concept presented at the hearing, included_ in
Exhibit VIII.H, as they move forward with their conceptual development plans.
(11) A significant central amenity shall be added to the concept plan for the project, whether it be
an amphitheatre,a plaza, or a park.The Developer_should seek_assistance from the urban
renewal agency or work with Council on what that amenity might look like.
b.rMQ:ossitig i]Fpo"riz'a`ieH site (40048 W22, Peffel 4R719280075-�)i
(12) ]fat some point in the future the adjacent homes to the north and east of the site (i.e. Parcel
#R7192800752)redevelop commercially and the 25-foot wide right of a street easement
depicted on the Primrose subdivision plat on the adjacent property to the north (Lot 7, Block
3) is dedicated, a public street connection may be required at that time,
(2?-) 13) A pedestrian connection shall be provided from the residential neighborhood(i.e.
Primrose Subdivision)to the commercial development to the west❑n the TM Crossing
Expansion site(H-2018-0122 Parcel#R7192800752)in accord with UDC 11-3B-9C.3. The
location of the pedestrian connection may be within the right "7 street easement
adjacent to the north property boundary.
e. TM Gr-eek site r a j 7 2 !1!s 9 20 17 n 1:2,9�
!�1 Cawre development of this site shall be generally consisient. 4h the a epival site plan
1 1 � ,
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Item#11.
qn�s;
T
�F TI,,fr,l. r U.:".,f,
tj
VJ __ r
mid: -
(-214) Street lights at a pedes4fian seale shall be installed within the tree lawn area along S. Ten
Mile Rd. and W. Cobalt Dr. as set r 4h i~ the TMISAF.
(415) Pedestrian-scale lighting shall be installed along S. Wayfinder Ave. north of Ten Mile
Creek"s sat f i4h ;. the T-MIS n n
(4]5] All structures within the TN-C zone adjacent to S. Wayfinder Ave. north of the Ten Mile
Creek shall be a minimum of two stories in height in accord with UDC I I-2D-5 and the
design elements contained in the T"' n Ten Mile Crossing Design Guidelines.
(-Sj7 Buildings along S. Way nder Ave. north of the creek should be built to the sidewalk with
street trees in wells and street-level store fronts,in acear' with the Tonic n n
(4�18) A crosswalk shall he provided across S. Wayfinder Ave. where the multi-use pathway along
the Ten Mile Creek crosses the street.
( l 9) Fef Except where multi-family developmentmay occur, for streets &block fronts where
commercial uses and pedestrian activity are most desired north of the Ten Mile Creek,it is
recommended that sidewalks be lined with shops,restaurants,offices and galleries and that
buildings be designed with multiple sidewalk entries where feasible,generously-scaled
display and transom windows,pedestrian-scales signs and banners, and awnings or canopies
for sun shading.
(8) A pedestrian or-essing ever-the Ten Mile Creek shall be provided as paf4 of the oreek
(9}(20) Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian
connectivity within the development in accord with the Internal Pedestrian Plan shown
below.
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Item#11.
T
_ - ++
rJ
I
y� 1
rti.. .--------- �.
Pedestrian Plan - Condition 1.1.1.s �- '
(1021)South Wayfinder Ave. shall initially be constructed in accord with the street sections shown
below.Future reconfiguration of S. Wayfinder Ave. may occur if warranted by ACHD, in
accord with the street section shown below.
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Item#11.
FL VI.lb POW P.
5.Da "CD '4W +400' 700' a
PAFwk4o - LANE BIKE PARKING
'06' 500' 1+.Da' 13.1%I W�IAW 13.D0 11.W ..00' 780'
2$V �IC,EWALF: am 131 C LIVE LANE TLIRIR VIIE I1.riE LANE BIKE m' SIhEYYAis: 25Q
cw ^u7lRE UR FUTE R.IruR'c - � i:LTLRE PiruRe EU Irt1RE A. .
FtMAJNLNG Sltl,-WALK CdZ k; ILTED qlE IQING SIdEyW�0�15YYJCTFE
WRH BUILDING FRANKLIN CROSSING AVE ATTI auILDNO
NORTH OF CREEK
PL 100 W ROW PL
l
7.Oa 85Q l2W t00U 1390 f0.1Y3 t^_OP 6.50' Y.W
fl 00' SIDEWALK BIKE LANE LA+JE TURN LANE LANE LANE BME SIDEWAL% 9g3'
t I
FRANKLIN CROSSING AVE
BRIDGE SECTION
eL MOD ROW Pt
9 C0' TCd +a YY -Itl' Hd0'
PARKING RIPS U!•!_ - U ft NAS PARKING
5 p0' BOO 3.fb' ", .7G' AI_JIAfJ� 17.00 li.[)Q r,= 30Cr 5.=
SIDEWALKi PLARTER BIKE LRNE LF!•= TJR3 LANE T L:.r.E LANE HIKE W KAINIF.-. SIDELYRLK
0.5d F ___ 0.5tr
J-WRE N>'URE -lITLR< <IITVRE LRIJRE 1317VRE
I
FRANKLIN CROSSING AVE
SOUTH OF CREEK
d.T-M-meek East Q4 2015 00 19}
�+} 22 The TM Creek East site(H-2015-0018) shall develop with multi-family residential uses
and shall obtain conditional use permit approval prior to development. The overall average
density target should be at least 16-25 dwelling units per gross acre. Design and orientation of
buildings should be pedestrian oriented with special streetscape improvements to create rich
and enjoyable public spaces. A strong physical relationship between the commercial and
residential components to adjacent employment or transit centers is critical."
(2L) (23)The subject property shall be subdivided prior to issuance of any building-permits
Certificates of Occupancy for the site.
wren Mile Center(aka Treasure Valle., investments)
�.nz,>,.-rr
(1) The propeny shall be subdivided prior to submittal of the first Gerlifieate of Zoning
Q) JL4ZThe property shall be developed in a manner that provides a transition in uses to
adjacent residential properties.
(3) Most btAdings along S. Ten Mile Rd. should addi-7ess the street by being built to 4he st
bikes an the pathway as set forth in !he TMISAP.
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Item#11.
44 (25JA pedestrian connection shall be made to the adjacent school site to the east(i.e.
Peregrine Elementary School).
W L26LThe portions of the property zoned TN-C and TN-R shall be developed in a manner that
incorporates traditional neighborhood design concepts as set fooh in the TNUS n n
(464 (27) Only residential uses shall be developed within the R-8 zone. In addition to other
allowed uses, a minimum of 75 residential units shall be developed within the TN-R zone,
and a minimum of 300 residential units shall be developed within the C-G and/or TN-C
?ones combined.
(-7-) Q281The Kennedy Lateral and all other waterways on the site shall be piped or otherwise
covered in accord with UDC 11-3A-6, unless waived by City Council.
($) (L9)Based on the 2020 Sewer Master Plan Update. the subject property(i.e. Parcels
#S1214233668&S1214233680) lies within two sewer boundaries. The Kennedy Lateral is
the sewer shed boundary. Sanitary sewer services to this development is are being proposed
via main extensions from the Slack Cat Trunk and Ten Mile Diversion Trunk of mains
located near the Purdam Drain within the southwest portion of the subject property and main
extensions from Franklin Road, Owner/Developer shall install mains to and through the
development, coordinate main size and routing with the Public Works Department, and
execute standard Forms of easements for any mains that are required to provide service.
Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less
than three feet then alternative materials shall be used in conformance with City of Meridian
Public Works Department standard specifications.
M L101 Water service to the subject property(i.e. Parcels#S1214233668& S1214233680) will
be via extension of mains in Ten Mile Road along the alignment of the fixture east-west
collector. Owner/Developer shall be responsible to install water mains to and through the
property at the time of development and to coordinate main sizes and routing with City of
Meridian Public Works Department.
404 Q 1) Future construction of streets within this site shall be consistent with the applicable
street section as shown on the Street Sections Map contained in the Ten Mile Crossing
Design GuidelinesInter-c ange SpccificA.-ea Plan r'7'NU A n■(pgs.3 20 and 3 2t�+tthe
erweptieii o 9 the easOtNvs�ee4 1 eater-street(W. Cobalt Dr.) k-om Ten Mi 1 e Read R4
with Street seetion C7.
( ) �-n_:,. Development occurring on the subject property, the applieant shall be
subject to modify the development agreement and conceptual
development plan dated March 18,2021,included in Exhibit VIII.H.f r--��
consistent with the MU-C and MU-R land use designations. A mix of uses from each major
use category(i.e. commercial,residential,employment)shall be provided as set forth i
No more than 30%of the ground level
development within the MU-C designation shall be used for residences. No more than 40%
of the land area within the MU-R area shall be utilized for non-residential uses.
(2) The subjeet proper!),shid! e subdivided �ee of an),building pei-mits for!he
(-3-) (33) Provide a minimum of 218 residential dwelling units on the site of varying types(i.e.
multi-family, single-family,townhouse,duplex,and/or vertically integrated). Note.- Tire
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Item#11.
number of units provided may he greater than 218 units without a li►nit on the rnaximuni
number of omits,
(4) LL4LA IO-foot wide multi-use pathway shall be constructed on this site along the t south
side of the Ten Mile Creek and to the property to the south-(i.e. Parcel#S1214233668). The
pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8.
Landscaping on either side of the pathway is required in accord with the standards listed in
1 1-3 B-12C.
35 The stub street that exists to this property at the east boundary of the site U.e. Parcel
#S12141.21133 ,W. Cobalt Street, from Whitestone Estate Subdivision shall be extended
with development.
W JL6LThe Vaughn Lateral shall be piped on the site where it is currently open if approval can
be obtained from Nampa& Meridian Irrigation District(NM1D) as it is owned in-fee by
NMID.
(7) Sidewalk", "ball be pFevided intemally aleng aFie side afall ffi�ar-Elr-ive aisles fer-pedeskia"
within the developmew.
(9) JL71This property(i.e. Parcels#S 1214212622, #S 1214121134,#S 1214120712 &
#S 1214121133)borders a domestic water pressure zone boundary, and therefore with
development, the applicant shall be required to install a pressure reducing station vault and
conduits for power and telemetry cabling in the vicinity of their southeasterly connection in
W. Cobalt Street, The installation of the pressure reducing appurtenances shall be the
responsibility of the Meridian Public Works Department. Applicant shall coordinate the
vault and conduit design criteria with the Meridian Public Works Department as part of the
development plan review process.
(9) MThe City of Meridian currently owns and operates a sanitary sewer lift station near the
west end of W. Cobalt Street. With the development of the subject property Ii.e. Parcels
#S 1214212622,#S 1214121134,#S 121.41207.12 &#S 1214121133),the applicant shall be
required to extend a sanitary sewer main from W. Franklin Road through the property to the
lift station location and facilitate the abandonment of the lift station.
Baiii ridge ❑faaklia(to 2n i❑ 00 5�)
eomplianee appheation,the applicant shall provide a recorded eivss aeeess easelzi.ent lifial
?, The final plat(s)shall include the following revisions:
a. Change the street name of S. New Market Ave. to S. Benchmark Ave. consistent with the Street
Naine Review approval,
b. Include a note that prohibits direct lot access via W. Franklin Rd. and N.Ten Mile Rd., arterial
streets: and S. Wayfinder Ave., S. Benchmark Ave., W. Cobalt Dr.and S.Vanguard Way,
collector streets, unless otherwise approved by the City and ACHD. Note: City Council
approved a waiver to UDC 11-3A-3 to allow the two (2)direct accesses proposed via W.
Franklin Rd, on Lot 4, Block 3 and Lot 4, Block 4 to the east and west of Nei
blarketlBenchniar^k,su4ject to A CHD approval.
c. A 5-foot dry-utilities corridor should be provided along both sides of the street curb along S.
Wayfinder Ave., W. Cobalt Dr. and S. New Market Ave./Benchmark Ave. Both wet utilities
may be located in the street. Streetlights should be placed in the dry utilities corridor on either
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Item#11.
side of the street. Streetlights of a pedestrian-scale shall be provided along W ayfinder north of
Ten Mile Creekan r.,►ak;„edest.-ian r trio lig_ ting; et,. -ed along New
pedestfian a
is r-eqt6redm
ci. South New Market Ave./Benchmark Ave. shall be constructed with two(2)travel lanes,bike
lanes,parallel parking south of Ten Mile Creek on the east side of the_street.adjacent tQ rare
mWiummmdcnsitXresjden_tMs&Y_d m erjt(if allowed by ACHD K=P. ig r l tSingof
area, 8-foot wide parkways and detached sidewalks/pathways consistent with c+rao. Seeiion r)
in the 4:N4rc A n the Ten Mile Crossing DesigmGuidelines,the development agreement,
Pathways Master Plan and pathway plan for the site. The,fitst 200'of'sowh Uf Frrtnkliu Rd. on
New Ifarket is not allowed to have on-street parking per the ACHD report to allow for right anti
Ieft turn lanes.
e, Streetlights at a pedestfian seale shall be located in the tree lawn area(ix. in right-of--way
between curb and sidewalk)along S. Ten Mile Rd. in aeeefd with the:F:N41SAP ref:S+Fee
Section A (see pg. 3 "' Dry utilities should be located back of the curb in the dry utilities
corridor.
f. Streetlights shall be located in the tree lawn area(i.e. in right-of-way
between curb and sidewalk along W. Franklin Fed. and Vanguard Way a wit
} g � y
. Dry utilities should be located back of the curb in
the dry utilities corridor.
g. Depict a minimum 5035-foot wide street buffer along S. Ten Mile Rd.,an entryway corridor,
measured from the back of curb, in a common lot or on a permanent dedicated buffer,
maintained by the property owner or business owners' association in accord with UDC 11-3B-
h. Depict a minimum 25-foot wide street buffer along W. Franklin Rd., an arterial street,measured
from the back of curb, in a common lot in the R40 zone and in a common lot or on a permanent
dedicated buffer in the C-G zone,maintained by the property owner or business owners'
association in accord with UDC 11-3B-7C.2.
i. Depict a minimum-2 O-foot wide street buffer along W. Cobalt Dr., S.Waytinder Ave., S. New
Market Ave./Benchmark Ave., and S. Vanguard Way, collector streets,measured from the back
of curb, in a common lot in the R40 zone and in a common lot or on a permanent dedicated
buffer in the C-G zone, maintained by the property owner or business owners' association in
accord with UDC I I-3B-7C.2_
j. A cross-access/ingress-egress easement shall be granted via a note on the plat or a separate
recorded agreement between all non-residential lots in accord with UDC 11-3A-3A 2.
k. A cross-access/ingress-egress easement shall be granted via a note on the plat or a separate
recorded agreement to the parcel to the east(#R8580500100,Villas at Twelve Oaks) in accord
with UDC 1 I-3A-3A,2.
1. Remove the two(2)driveway accesses depicted on the plat via Franklin Rd. on Lot 4, Block 3
and Lot 4, Block 4 to the east and west of New Market/Benchmark unless specifically approved
by City Council through a waiver to UDC l 1-3A-3,which limits access to arterial streets,and
by ACMD. Graf Council gpproved these two (2)driveway accesses;ACHD approval is still
required.
Page 58 -
Page 432
Item#11.
m. If New Market has not yet been constructed to stub to the site's south properly boundary by the
time the proposed Section is constructed, depict a temporary turnaround easement and construct
a temporary cul-de-sac that meets the dimensional standards of a standard cul-de-sac at the
terminus of New Market on this site per ACHD and Fire Dept. standards.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Detached pathways, 8-to 1 0-feet wide,shall be depicted in accord with the pathway plan in
Section VII1.F and with the City's Pathways Master Plan as required by the Park's Department
in Section IX.E.At a►nininnim. 10-foot wide pathways shall be provided along S. Ten Mile Rd..
the east side of S. New Market Ave. and along the Ten Mile Creek in accord with the Path waYs
Master Plan:$-f•oat wide pathwavc mats he provided in other locations.
b, Depict a minimum 5-foot wide detached sidewalk along the west side of S. New Market
Ave,/Benchmark Ave. where 8-to 10-wide pathways are not proposed on the pathway plan,with
8-foot wide parkways within a minimum 20-font wide landscaped buffer in .,,,.ord...:f,..,.o
T Ucan f St fee!Seetian D(see pg. 3 21).
c. Depict a minimum 20-fool wide street buffer, landscaped per the standards listed in UDC 11-313-
7C.along each side of W. Cobalt ❑r., a collector street; and a detached 8-to 1 0-foot wide
pathway on the south side of the street consistent with the pathway plan.
d. Depict minimum 20-foot wide street buffers,landscaped per the standards listed in UDC 1 1-313-
7C,along S. Wayf nder Ave. and S.Vanguard Way, both collector streets.
e. Depict a-935-foot wide buffer area with detached ld=foot wide pathway along S. Ten Mile Rd.,
eonsisient . :4 that shown for-Street Section A in the•7N44S An, depict landscaping in accord
with the standards listed in UDC 1 1-3B-12C for pathways and 11-313-7C for street buffers.
f. Depict a minimum 25-foot wide buffer with a minimum 5-foot wide detached sidewalk along W.
Franklin Rd., landscaped per the standards listed in UDC 1 1-3B-7C.
g. Depict streetlights in the tree lawn area along S. Ten Mile Rd,
with the TMIS Av f r Street Sect-ion A(see pg. 2-2�.
h. Depict streetlights at a edes..-:.,., c ale in the tree lawn areas along W. Franklin Rd. and S.
Vanguard Way
i. Depict streetlights at a pedestrian scale in the tree lawn areas along W. Cabal! Of. and S
Wayfinder Ave. north of Ten Mile Creek: if-New N1aF1.e41_Be ._- ..iar4r : et eanstF;Heted as
res;deatial ealleeter st*ee!with an street par-Icing, streetlights at a pedestFian scale shall alse be
pWvided al g thisnf_ el
j. Include mitigation information on the plan for all trees on the site that are proposed to be
removed that require mitigation in accord with the standards listed in UDC 11-3B-IOC.5.
Contact Matt Perkins,City Arborist,to schedule an appointment for an inspection to determine
mitigation requirements.
oefisider-ed as a staAifig point f;gf eaeb stfeel: sidewalks,bike lanes, wide shoulders,er-esswalks,
r-efuge medians, bus pullou4s, speeial bus lanes, raised eresswalks,audible pedestf4
sidewalk bulb eats., street Airnishings and on stfeet pai-king. The Applienat shall nddress a
publie heer-iflg(or-on wr-ifing prior-to the hearing)what additiefi%li design features are plifflned
for inter-nal publie streets within this development aAde from those .See pgs. 11-14 of
the Ten Afile Crossing Design Guidelines fin-details.
Page 59
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Item#11.
3 4. All future development shall comply with the minimum dimensional standards listed in UDC
Tables 11-2A-6(R-8), 11-2A- (R-40), 11-28-3 (C-G), 11-?D-5(TN-C) and II-2D-6, as applicable.
4,, 5. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for all of
the multi-use pathways within the site that area not located in the right-of-way prior to signature on
the final plat by the City Engineer.
6. Streetlights shall be placed in the dry utilities corridor on either side of W. Cobalt Dr., S.
Wayfinder Ave. and S. New Market Ave.113enclimark Ave.
4- 7. Development of the plat shall occur generally consistent with the phasing plan in Section VIII.C.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
L.1 The current sewer configuration submitted with this application,depicts at intersection of
Colbalt and New Market Avenue, flow being enabled to go in either the north or the west
direction. This needs to be corrected so flow only goes in one direction. Based on conversations
with applicant 8" sewer line on Cobalt will not connect to manhole at intersection.
1.2 To alleviate the water quality issues, this development must extend the proposed l 2" water main
south to connect into the existing water main in S New Market Ave (TM Crossing No 4).
1.3 Tie into the existing 12" water stub in Vanguard(between lots 6& 25,block 1)
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"map with bearings 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.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 12-13-8.3). 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.
Page 60 -
Page 434
Item#11.
2.5 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-6. 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.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. 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 permits.
2.1 D 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.
2.1 1 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-313.
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.
2.13 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 Anny 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 I I-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
rninimurn 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 I-foot above.
2.19 The applicants design engineer shalt 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 ACHD. The design engineer shall provide certification 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.
Page 61 -
Page 435
Item#11.
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 bttp:llwww.meridiancity.org/public_works.aspx?id=272.
2.22 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 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 form 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.
C. FrRE DEPARTMENT
https://weblink.meridianci!y.org/WebLink/DocView.aspx?id=191391&dbid=0&repo=MeridianCity
D. POLICE DEPARTMENT
https://weblink.meridiancity.orglWebLinkfDocV iew.aspx'?id=191282&dbid=O&repo—Meridiancity
E. PARK'S DEPARTMENT
hitps:ll"yeblink.itzeridiancitb,.orglWebLinA-IDor•Vievy.asps?id=192685&dbid=0&z-Wo=MeridianCiti)
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
hitps:llwebliizk.meridiancit}?.orglWebLinAlDocVieHp.aspx?irr223592&d bid=O&I-epn—MeridianCity
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD)
htWs:Ilweblink.nreridianciq.orglWebLinklDocView.aspx?id=2 23468&dbid=O&repo=MeridianCih,
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:11weblink.►neridianeio,.otglWebLink/Doc View.asp_r?ir=191393&dhid=ll&rWo=Meridian City
I. WEST ADA SCHOOL DISTRICT(WASD)
https:lltiveblink.Inez-idiancitti�.nIglWebLinklDocView.aspx?id=192801&dbid=O&t'C po=Met-idiailCitI
J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
h1t s:llwehli)zk.nzericlialtritv.or IWebLink/DoeView.as x?id=223625&dbid=O&i-q o=Mei-icliaiiCitt,
Page 62
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Item#11.
Questions from City Staff and ACED response:
https:llwebl ink.rneridiaticity.of glWehLink IDoc t'ie",.yW,v?id=?22896&dbid=Mrepo=MeridianCitu
ACHD confirmation that a Traffic Impact Study(TIS)was not required for this project.
httt s:lliveblitik.Irtel•idiancity.oiglWebLitrtclDocViei,v.aspv?id=222887&dbid=08repo=MeridianCict.
X. FINDINGS
A. REZONE(UDC 11-5B-3E)
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;
The City Council finds the rezone of the subject site to the C-G and R-40 zoning districts is
consistent with the associated MU-COM and HDR FLUM designations in the Comprehensive Plan
for the su1 ject property proposed to be rezoned.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The Ciq,Council finds the proposed map amendment to C-G will assist in providing for the retail
and service needs a f the community while the map amendment to R-40 will assist in providing for a
range❑f housing opportunities consistent with the Comprehensive Plan in accord with the purpose
statements,for the districts.
3. The map amendment shall not be materially detrimental to the public health, safety,and welfare;
The Cit}l Council./finds that the proposed rezone should not he detrimental to the public health,
safety, or 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
The City Council finds that the proposed rezone will not result in any adverse impact upon the
delivery nf`services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city.
Because this application is for a rezone and not an annexation, this finding is not applicable.
B. PRELIMINARY PLAT(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170,8-30-2005, eff. 9-15-2005)
4-. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-5-2009,eff. 7-8-2008)
The City.•Council,finds the proposed plat is generallk in conformance with the UDC and the
guidelines in the Comprehensive Plan and TMISAP if'the Applicant complies with the Development
Agreement provisions, conditions of approval in Section 1X and ACHD conditions.
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Item#11.
Public services are available or can be made available ad are adequate to acconnnodate the proposed
development;
The Cihi Council_finds public sei-vices Can he made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the cit_y's capital
improvement program;
The City Council finds the proposed plat is in substantial outfinrmance with.scheduled public
improvements in accord with the City s CIP.
4. There is public financial capability of supporting services For the proposed development;
The City Council,finds there is public financial capability nf'supportingservices fit.the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare,and
The City Council_finds the proposed development will not be detrimental to the public health, safety
orgeneral wefrrre.
6. The development preserves significant natural,scenic or historic features.
The City Council is unaware of anv sign ficant natural, scenic or historic.features that treed to
be preseri,ed with this development.
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