The 10 at Meridian H-2021-0025 (2021-132704) ADA COUNTY RECORDER Phil McGrane 2021-132704
BOISE IDAHO Pgs=39 NIKOLA OLSON 09/08/2021 02:33 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. 10 Mile Franklin, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 7th day of September 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 10 Mile Franklin, LLC, whose address is 827 Jefferson Blvd., West
Sacramento, CA 95691, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 40.30 acres of land with R-40(High Density Residential)(13.04
acres) and C-C (Community Business) (27.25 acres) zoning districts on the
property listed in Exhibit "A", under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council,
DEVELOPMENT AGREEMENT—10 g MERIDIAN (H-2021-0025) PAGE 1 OF 8
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 27th day of July, 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 Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/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
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this 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 OWNER/DEVELOPER: means and refers to 10 Mile Franklin, LLC,
whose address is 827 Jefferson Blvd., West Sacramento, CA 95691,
hereinafter called OWNER/DEVELOPER, the party that owns and is
developing said Property and shall include any subsequent owner(s) and
developer(s) of the Property.
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 2 OF 8
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in
the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to
be annexed and bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. The subject property shall develop in substantial compliance with the conceptual
development plan and building elevations in Section VIII.B and the land use,
transportation, and design elements of the Ten Mile Interchange Specific Area Plan
(TMISAP).
b. The project shall comply with the applicable design elements as noted in the
Application of Design Elements matrix in the TMISAP(see pg. 3-49)and the design
standards in the Architectural Standards Manual.
c. Access to the site via W. Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. shall be
restricted as recommended by ACHD in Section IX.K.
d. The subject property shall be subdivided prior to issuance of the first Certificate of
Occupancy for the development.
e. The Kennedy Lateral shall be piped in its entirety where it crosses the subject property
as required by UDC I I-3A-613.3 unless otherwise waived by City Council as set forth
in UDC 11-3A-6B.3a. City Council approved a waiver to UDC 11-3A-6B.3 to allow
certain sections of the Kennedy Lateral to remain open as proposed.
f. Prior to submittal of a preliminary plat application, the applicant shall execute a
mutual agreement with the property owner of parcel#1215131400 on the terminus of
W. Cobalt Dr.in conformance with the approved concept plan.If a mutual agreement
cannot be reached, the applicant shall design and construct the half section of W.
Cobalt Dr., so that the center line for the portion that abuts parcel #1215131400 is
along the shared property boundary, with the centerline of W. Cobalt Dr. eventually
turning southwest(proceeding from east to west)to allow for a stub in a location to be
approved by ACHD.
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 3 OF 8
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 Owner and/or Developer's default
of this Agreement, Owner/Developer shall have thirty(30) days from receipt
of written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owners and/or Developer shall be deemed
to have consented to modification of this Agreement and de-annexation and
reversal of the zoning designations described herein, solely against the
offending portion of Property and upon City's compliance with all applicable
laws,ordinances and rules,including any applicable provisions of Idaho Code
§§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 4 OF 8
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC,to insure the installation of required improvements,which the Owners and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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
OWNER/DEVELOPER:
10 Mile Franklin,LLC
827 Jefferson Blvd.
West Sacramento, CA 95691
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 5 OF 8
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/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 and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owners and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 6 OF 8
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-10 @ MERIDIAN (H-2021-0025) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
10 Mile a I'
By:
Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 9-7-2021 Chris Johnson, City Clerk 9-7-2021
STATE OF 0l,r�OrYI�ij )
/ ss:
County of
On this Z& day of d 2021, before me, the undersigned, a Notary Puplic in and for said State,
personally appeared Erik Pilegaard,known or identified to me to be the A �x4isf- of 10
Mile Franklin,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.
(SEAL) ,._a�,y PHILLIPANDREW FAWN
Notary Public-California Notary P/ blic for fh .Or4-,'4
Los Angeles County n
Commission 4 2294165 Residing at: 01A
My Comm.Expires Jun 26,2023 My Commission Expires: ?DL
STATE OF IDAHO )
ss
County of Ada )
On this7th day of September ,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: Meridian,Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—10 @ MERIDIAN (H-2021-0025) PAGE 8 OF 8
EXHIBIT A
Annexation&Zoning Legal Description and Exhibit Map
EXHIBIT
Drz SCR IrTION FOR
THE 10 AT MERIDIAN
CITY OF MERIDIAN ANNEXATION
The NE114 of the NEIA of Section 15, T_W. R.1W.. P.M., City of Meridian, Ada County.
Idaho more particularly described as follows-
BEGINNING at NE corner of said Section 15 from which the N114 corner of said Section
15 bears North 89°15'23"West, 2640.72 feet.
thence along the East boundary lime of said Section 15 South 00°33'W West, 1.329.09
feet to the N1116 corner of said Section 15;
thence along the South boundary line of the NEIA of the NE114 of said Section 15 North
iSS"15'02"West, 1,321.18 feel iu ilia NE1/1S ref 6did SecUun 15,
thence along the West boundary line of hlEif4 of the NSI14 of said Section 15 North
K)W35'22"East, 1,328.96 feet to the E1116 comer of said Section 15;
thence along the North boundary Ilne of said Section 15 South 89'A S'23"East, 1.320.37
feet to the REAL POINT OF BEGINNING. Containing 40.30 acres, more or less,
779
Page 1
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Page 2
The 10 9 Meridian H 2O21-0025
CEXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN
AND DECISION& ORDER
In the Matter of the Request for Annexation of 40.30-Acres of Land with R-40 (13.04-Acres) and C-
C (27.25-Acres)Zoning Districts for The 10 at Meridian,by J-U-B Engineers,Inc.
Case No(s).H-2021-0025
For the City Council Hearing Dates of: June 22, and July 13,2021 (Findings on July 27,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 13, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 13, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 13, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 13,2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE 10 AT MERIDIAN—AZ H-2021-0025 - I - Page 4
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 annexation and zoning is hereby approved with the requirement of a
Development Agreement per the provisions in the Staff Report for the hearing date of July 13,
2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
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 67-6511A. 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 July 13,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE 10 AT MERIDIAN-AZ H-2021-0025 -2-
Item#1.
By action of the City Council at its regular meeting held on the 27th day of July
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 7-27-2021
Attest:
Chris Johnson 7.27.2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 7-27-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR THE 10 AT MERIDIAN—AZ H-2021-0025 -3- Page 6
EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT a w o
HEARING June 22,2021 Legend
DATE: ff --
Frei c Lac a-'on 4
TO: Mayor&City Council � = •
LI
FROM: Sonya Allen,Associate Planner
208-884-5533 -
SUBJECT: H-2021-0025 " -
The 10 at Meridian—AZ
LOCATION: 75 S. Ten Mile Rd. at the southwest ---
corner of W. Franklin Rd. and S. Ten
Mile Rd.,in the NE 1/4 of Section 15, --~
Township 3N.,Range 1 W.
I. PROJECT DESCRIPTION
The Applicant requests annexation of 40.30 acres of land with R-40(13.04-acres)and C-C(27.25-acres)
zoning districts.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 40.30-acres
Future Land Use Designation Mixed Use Commercial(22+/-acres);High Density
Residential(11+/-acres);Mixed Use Residential(3+/-acres)
Existing Land Use Undeveloped agricultural land
Proposed Land Use(s) Mixed use(residential/commercial)
Current Zoning RUT in Ada County
Proposed Zoning R-40(High-Density Residential)(13.04-acres)and C-C
(Community Business)(27.25-acres)
Neighborhood meeting date;#of 3/29/2021;no attendees other than property owner
attendees:
History(previous approvals) None
Page 1
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Two(2)accesses are proposed via Franklin Rd.,two(2)
Hwy/Local)(Existing and Proposed) accesses are proposed via Ten Mile Rd.,and one(1)access is
proposed via Cobalt Dr.
Fire Service No comments were submitted.
Police Service See comments in Section IX.D.
Wastewater
Distance to Sewer Services Adjacent to parcel
Sewer Shed South Black Cat trunkshed
Estimated Project Sewer See application
ERU's
WRRF Declining Balance 14.14
Project Consistent with WW Yes
Master Plan/Facility Plan
Impacts/Concerns None
Water
Distance to Water Services Adjacent to parcel
Pressure Zone 2
Estimated Project Water See application
ERU's
Water Quality None
Project Consistent with Water Yes
Master Plan
Impacts/Concerns None
Page 2
C
C. Project Maps
Future Land Use Map Aerial Map
Legend 0 Legend
ff
Pr6pe i Lcmafior NtU ` F,v:eC Loco= rr
IA,e d-H ig.
e d Midi
MU-Res
MU-C-V rn -
Zoning Map Planned Development Map
Legend UT R-15 . . _ .,p 0 Legend '
r
idPpcjec�t LconfK:m R � letPresje-:'Lcr-a'ar -
;-" city Lr^ --
i
RUT — Plbnr-ed Fnoces f
RUT I-L � L
R1 R= .5 C-N
R-15 �-
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R-4 3
RUT _
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1N-E TN-C
C.0
H-E
III. APPLICANT INFORMATION
A. Applicant:
Wendy Shrief,J-U-B Engineers,Inc.—250 S. Beechwood Ave., Ste. 201, Boise,ID 83709
B. Owner:
Erik Pilegaard, Elk Ventures,LLC 5137 Golden Foothills Parkway, Ste. 100, El Dorado, CA 95762
Page 3
Page 9
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 4/30/2021 6/4/2021
Radius notification mailed to
property owners within 300 feet 4/27/2021 6/2/2021
Public hearing notice sign posted
5/7/2021 6/9/2021
on site
Nextdoor posting 4/27/2021 6/2/2021
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: The majority of this property is designated Mixed Use Commercial(MU-COM) (northeast 22+/-
acres)and High Density Residential(HDR) (southwest 11+/-acres)on the Future Land Use Map(FLUM)in
the Comprehensive Plan with a narrow sliver of Mixed Use Residential(MU-RES) (3+/-acres) along the
southern boundary which will mostly be right-of-way for W. Cobalt Dr. This property is located within the
area governed by the Ten Mile Interchange Specific Area Plan (TMISAP).
The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail,
recreational, employment, and other miscellaneious uses,with supporting multi-family or single-family
attached residential uses(see pg. 3-9 in the TMISAP for more information).
HDR designated areas are multiple-family housing areas where relatively larger and taller apartment
buildings are the recommended building type. HDR areas should include a mix of housing types that achieve
an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP
for more information).
The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may
include a mixture of residential,office,retail,recreational, employment, and other miscellaneous uses(see
pg. 3-8 in the TMISAP for more information).
Mixed use designated areas in the TMISAP are recommended locations for development of activity centers
that are specifically planned to include both residential and non-residential uses.Mixed use areas are
anticipated to have 3 or more significant income producing uses(i.e. retail, office,residential and lodging
facilities)with significant functional and physical integration in conformance with a coherent plan(pgs. 3-7
&3-8).
The site is proposed to develop with a mix of uses(horizontal and vertical)as shown on the conceptual
development plan in Section VIII.B. High-density 4-story multi-family residential apartments (380 1-and 2-
bedroom units) are proposed in the HDR&MU-RES designated portions of the site with 3-story multi-
family flats(137 1-and 2-bedroom units)and townhouse style(24 3-bedroom units)units with a
clubhouse/recreation center [14,000 square feet(s.£)],3-story vertically integrated mixed use [primarily
retail uses on the lst floor(20,025 s.£)with residential(42 1-and 2-bedroom units)on the 2'and 3'floors]
and single-story financial institution(5,000 s.£),mixed use service retail buildings (52,775 s.£)and
restaurants (9,250 s.£)with drive-throughs with 2-story office buildings (46,600 s.£)proposed in the MU-
COM designated portion of the site adjacent to Franklin and Ten Mile Roads. A total of 559 residential units
and 147,650 s.f. of commercial uses are proposed to develop in the overall site.
Page 4
Staff finds the mix of income producing uses proposed as well as the vertical and horizontal integration of
such uses and residential densities interconnected by pedestrian walkways and amenities is generally
consistent with the goals of the TMISAP for this area.
Transportation: Cobalt Drive is proposed to be extended as a collector street from S. Ten Mile Rd. at the
southeast corner and along the southern boundary of the site consistent with the Master Street Map in the
Comprehensive Plan and the Transportation System Map in the TMISAP. The proposed collector street
network approved with the annexation of the Janicekproperty to the south (AZ-11-001, DA Inst.
#112073616)depicts the extension of Cobalt as proposed with this application with the western segment
lying off-site on the adjacent property to the south.
Design: Conceptual building elevations were submitted for the multi-family residential structures and the
associated clubhouse building. The design of the proposed multi-family structures appear to be of a high
quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the
commercial portion of the development as tenants are unknown at this time. Final design of the site and all
structures is required to comply with the design elements of the TMISAP per the Application of
Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural
Standards Manual. The commercial portion of the development should incorporate similar design
elements,colors and materials as the residential portion of the development.
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):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
A variety of multi family housing is proposed in this development consisting of flats, townhome and
apartment style units, which will contribute to the variety of housing types in the City, specifically in
the Ten Mile area as desired, that should cater to different financial capabilities.
• "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)
City water and sewer services are available and can be extended by the developer with development
in accord with UDC 11-3A-21.
• "Locate higher density housing near corridors with existing or planned transit,Downtown, and in
proximity to employment centers."(2.01.01H)
The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile
Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing
development to the east at the intersection of Vanguard/Wayfinder to serve this area—other transit
stops may be added in the future.
• "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,
play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability
and sustainability."(3.06.02B)
The proposed project with multi family residential and a grocery store with nearby employment
(retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have
to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability.
• "Slow the outward progression of the City's limits by discouraging fringe area development;encourage
development of vacant or underutilized parcels currently within City limits."(4.05.03B)
Page 5
This property is an enclave surrounded by City annexed land. Annexation and development of this
property will maximize public services.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed development plan is generally conisistent with the City's vision for this property
through the Comprehensive Plan; the developer will extend public services and infrastructure as
needed for the development.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The Applicant proposes to annex 40.30 acres of land with R-40 (13.04-acres) and C-C (27.25-acres)
zoning districts. A conceptual development plan was submitted as shown in Section VIILB that proposes
offices, a financial establishment,retail pads, a grocery store,vertically integrated residential and multi-
family residential in accord with the associated MU-COM,HDR and MU-RES,FLUM designations for
the property.
A phasing plan was not submitted;however,the Applicant states the 3-story flats and townhome style
multi-family residential and clubhouse would develop in the first phase along with the associated
infrastructure;the 4-story high-density multi-family would follow with the commercial last as tenants
commit.
The proposed C-C zoning district is listed as a possible zoning choice in the MU-COM and MU-RES;
and the R-40 zoning district is listed as the best choice in the HDR and possible choice in the MU-RES
FLUM designation,per the Zoning District Compatability Matrix in the TMISAP(pgs. 2-4 &2-5).
The Kennedy Lateral bisects this site and is proposed to be tiled in certain areas and left open in others
as shown on the conceptual development plan. The UDC (11-3A-6B.3)required all laterals crossing or
lying within the area being developed to be piped or otherwise covered unless left open and used as a
water amenity or linear open space as defined in UDC I I-IA-1. The decision making body may waive
the requirement for covering such lateral if it finds that the public purpose requiring such will not be
served and public safety can be preserved. A waiver from Council is requested for portions of the
lateral proposed to be left open; if not approved,the lateral is required to be piped.
Access to the site is proposed as shown on the conceptual development plan in Section VIILB.ACHD
has reviewed the proposed accesses and supports the following: Access A—full access;Access B—
right-in/right-out only; Access C—right-out only;Access D—right-in/right-out only; and Cobalt—right-
in/right-out/left-in only. Staff recommends access is restricted through the Development Agreement
as supported by ACHD per the comments in Section IX.K.
Page 6
C1
IN
Samoan
a v _ 1
... ..... ------
Off-street parking is depicted on the concept plan to serve the mixed use development. Based on(291) 1-
bedroom units, (250)2-and 3-bedroom units and 42 vertically integrated residential units, a minimum of
979 spaces consisting of 541 covered spaces and 396 uncovered spaces are required per UDC Table 11-
3C-6; a total of 1,034 spaces are depicted. Based on 138,400 s.f. of non-residential uses, a minimum of
277 spaces are required per UDC 11-3C-6B.1 and based on 9,250 s.f. of restaurant uses, a minimum of
37 spaces are required per UDC 11-4-3-49A.1, for a total of 314 spaces; a total of 448 spaces are
proposed in excess of the minimum standards.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VIII.A.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff
recommends a DA is required as a provision of annexation (see provision in Section IX.A).
VII. DECISION
A. Staff-
Staff recommends approval of the proposed Annexation&Zoning with the requirement of a
Development Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on May 20,2021.At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Wendy Shrief,JUB Engineers; Lane Borges;Hethe Clark
b. In opposition:None
C. Commenting. Cody Black(representing property owner directly to the south)
d. Written testimony: Cody Black; Wendy Shrief,JUB Engineers
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s) public testimony
Page 7
a. The property owner to the south requests the western portion of Cobalt Dr.be located on
the subject property and not on their property.
3. Key issue(s)of discussion by Commission:
a. The location and alignment of Cobalt Dr. to the west.
b. Opinion that too much residential may be proposed—that the northern"flats" should be
converted to commercial.
4. Commission change(s)to Staff recommendation:
a. None
5. outstandingissue(s)ssue(s) for City Council:
a. The Applicant requests a waiver to UDC 11-3A-6B.3 for portions of the Kennedy
Lateral,which bisects this site,to remain open and not be piped.
C. The Meridian City Council heard this item on June 22 and July 13,2021. At the public hearing,
the Council moved to approve the subject AZ request.
1. Summary of the City Council public hearing:
a. In favor: Wendy Shrie£Hethe Clark: Lane Borges: Eric Pilegaard
b. In opposition:None
C. Commenting: JoAnn Butler(representing property owner to the south); Denise LaFever
d. Written testimony: None
e. Staff presenting application: Sonya Allen and Bill Parsons
f. Other Staff commenting on application: Bill Nary
2. Key issue(s)of public testimony:
a. Preference for the western portion of Cobalt Dr. to be located on the subject property or
at least on the shared property:
b. Various concerns noted by Ms. LaFever(see minutes).
3. Key issue(s)of discussion by City Council:
a. Concern there's too much residential proposed, desire for more commercial uses to be
provided.
b. Proposed accesses via Franklin&Ten Mile Roads:
C. Would like to see a better integration of open space within the overall multi-family
development(i.e. south side of the Kennedy Lateran:
d. Extension of Cobalt Dr.
4. City Council change(s)to Commission recommendation:
a. Modification to condition#A.Id in Section IX to require the property to be subdivided
prior to issuance of the first Certificate of Occupancy for the development.
b. City Council approved a waiver to UDC 11-3A-6B.3a to allow certain sections of the
Kennedy Lateral to remain open as proposed.
C. Added a DA provision that prior to submission of the preliminary plat,the applicant
shall provide a written agreement with the property owner of parcel#S 1215131400 on
the extension of W. Cobalt Dr.
Page 8
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
EXHIBIT
bEnts irTION FOR
THE 10 AT MERIDAN
CITY OF MERIDIAN ANNEXATION
The NE114 of the NE.114 of Section 15, T_W, Ri 1W,; E,M,; City of Me6dian, Ada County,
Idaho more particularly described as follows:
BEGINNING at NE corner of Said Section 15 from which the N114 corner of said Section
15 bears North 89°"1523"West, 2640.72 feet,
thence along the.East boundary line of said Section 15 South 00°3316" est, 1,329.09
feet to the N 1)16 corner of said Section. 15',
thence along the South boundary line of the NE 114 of the NE114 of said Section 15 North
S9'15'02` Webt_ 1,321.18 feet lea die NE1110 ul said Srdutiui i 15,
thence along the West boundary line of NI`114 of the NE114 af raid Section 15 North
00'3 5'22" East, 1,328.96 feet to the E1116 comer of said Section 15;
thence along the North boundary Ilne of said Section 15 South 8VIV23"East, 1,3120.37
feet to the REAL POINT OF BEGINNING, Containing 40,30 acres, more or less,
7729
G.
Page 9
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Nnlm264C713 f14
E1/16 W. FRANKUN RD.
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SCALE, 1 0 a- 7729 �o
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Page 10
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EXHIBIT—
DESCRIPTION FOR
THE 10 AT MERIDIAN
qTY OF MERIDIAN ZONE re
A portion of Gana located in the NEifd of the Nr=1)4 of Section 15,T.31N.. R.M
B.M., City of Nlerfdian, Ada County, Idaho more particularly described as follows_
BEGINNING at NE comer of said Section 15 front which the 14114 cornerof
said section 15 bears Marth 88°152Y West, 2W.72 feet;
thence along the East boundary line of said Section 19 South 00139'I6"west,
1,329_09 feet to the N 1116 corner of said Section 15:
thence along the South boundary line of the NE114 of the NE114 of said Section
15 North 89'1602" West, 20.27 feet;
thence leaving said South boundary line North 87'D6'06"West, 149.94 feet:
thence North "22'50"Kest,203-40 feet;
thence North 58'O '44"West,371.54 feet;
thence 131.19 feet along the arc of curve to the right,said curve havIng a
radius of 5W.00 feat, a central angle of 1 b°02'0V and a long chord which bears North
5 ha29"',West. 130 81 "_-,
thence North 42"5944"West, 723.60 feet to a point on the West boundary line,
of NE114 of the NE1l4 of said Section 15;
thence along said West boundary line North 00'56'22" East, 310.05 feet to the
E1116 corner of said Sock,ion 15;
thence along the North boundary line of said Section 15 South 89"1523" East.
1,320_37 feet to the POINT OF BEGINNING, Containing 27.25 acres, more or less_
7729 m
G,rw
Page 1 of 1
Page 11
BASIS OF BEARING 5.1D 5.11
N89`15'23'W 2640.72' S.15 &14
5,10 1 4 E1 16 W. FRANKLIN RD.
.15 13 9`15'23'E 132 .3r'
ILo
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+ ++ 1187150 s.f. w
+ + 27.25 a,c.
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+ + , ++ + +
a + + 5 r811 4 s.f,+ + + + - 149.94'
+ + 13.04 o.c. + + + + + +
+ + + + + + + + + + + +
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I + + + + + + + + + : + + 20
+ t + + + + + + + N 2' W + +
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NE 1 16 NB-915'02"W 1321.1V _ N 1 16
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CURVE TABLE
CURVE RADIUS LENGTH CHORD DIST. CHORD 9RC. DELTA 772V1114
IPA
C1 540.00 131.19 130.51 550-9'4-41- 15a02`0{9"
�w SCALE: 1'�3�1p'
0 75 15Q 300 600
iR.Y�'.f7_tiL "Nw 7-6 1 6 W AFr lY T��DAI C EXHIBIT __ DRAWING FOR
�+1I V/C�y/ THE 10 AT MERIDIAN
SU R V E f ViINE. E11 13 AWNT. 9�Ff l�Fh
'cajo,on REZONE 1
i2C$i 9�i957�
KGROUPL LLC {orkTEp IN THE NE Y,of-rHE NE 4GF SE€TKN It, T.M., M QATE
Ri1'„ ".. CITY CF YiEill)I L AEIA GWNTY,IDAI+D ilow/wo
Page 12
EXHIBIT_
DESCRIPTION r0k
THE 1QAT MERIDIAN
CITY 4F MERIDIAN ZONE R,401
A portion of land located in the NE1l4 of the N E 1 A of Section 15. T,3N., R-IW., B.V,
City of Meridian, Ada County, Idaho more particularly described as follows:
Commencing at FEE corner of said Section 15 from which the N114 corner of said Section
15 bears North 89'15'23"Wriest, 2640.72 feet;
thence along the East boundary line of said Section 15 South 00'3316"West, 1.329.09
feet to the N 1116 corner of said Section 15;
thence along the South boundary line of the NE114 of the NE114 of said Section 15 North
89`15-02"West, 2-0.21 feet the K AL POIN t OF LIEGINNING;
thence continuing along said South boundary line North 89'1602"West, 1,300.91 feet to
the NE1116 of said Section 15;
thence along the Test boundary Ilne of NE-I14 of the NEi14 of Bald Section -15 North
00'35'22" East. 1-018.91 feet;
thence leaving said West boundary fine South 42'59'44" East. 723.60 feet;
thence 131.19 feet along the arc of curve to the left, said curve having a radius of 50D.0D
feet, a central angle of 15'02'OT' and a long chord which bears South 50°2944"East, 130.81
feet:
thence South 58°00`44"East, 371.54 feet;
thence South 94°22'W' East, 293.40 feet;
thence South 5VOF08"Bast. 149.94 feet to the REAL PANT OF BEGINNING.
Containing 13.04 acres, more or mess_
a_ 779 �
,3111 )
OF 01
Page 1 of 1
Page 13
BASIS OF BEARING .10 sm
N89`15'23"W 26+0.72' SA 5 S.1.4
S.10 1 4 El/16 W. FRANKUN RD.
5.15 I 2D,35' S89°T .3�E 132®_. 7' —
ILo
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+
I+ + '} 1187150 s,f.
t + Fp 27.25 J.G. :2 J_
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al+ + + + Z
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I + + + + + + + + N6Q 22' Q"WN T + + 20.27'
+ + + + + + 293.44' + _
NE 1 16 N89-15'02"W 1324.TW N 1/16
I
CURVE TABLE
13
CURVE RADIUS LENGTH CHORD DIST- CHORD ORG- DELTA � �7,7r D
C1 540.00 131-19 IM81 S50'29'44"E 15'02'00"
Q 75150 -300
IDA.HO EXHIBIT __ DRAWIING FOR
THE 10 AT MERIDIAN
SURVEY ��EE.�EI5La�T.
GROUP. LLG LMATFO IN THE NE AV ER1&H Ap��h[UGWPY, 11[uxo'� 3h5l2��
R.17L; B.M., GT'
Page 14
B. Conceptual Development Plan(dated: N4ar-eh 10,202 July 26.2021)
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Page 15
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Page 21
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions:
a. The subject property shall develop in substantial compliance with the conceptual development
plan and building elevations in Section VIII.B and the land use,transportation, and design
elements of the Ten Mile Interchange Specific Area Plan(TMISAP).
b. The project shall comply with the applicable design elements as noted in the Application of
Design Elements matrix in the TMISAP(see pg. 3-49) and the design standards in the
Architectural Standards Manual.
c. Access to the site via W. Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. shall be restricted as
recommended by ACHD in Section IX.K.
d. The subject property shall be subdivided prior to any development,,,.,.,,..14ng on the site issuance
of the first Certificate of Occupancy for the development.
e. The Kennedy Lateral shall be piped in its entirety where it crosses the subject property as
required by UDC 11-3A-6B.3 unless otherwise waived by City Council as set forth in UDC 1I-
3A-6B.3a. City Council approved a waiver to UDC 11-3A-6B.3 to allow certain sections of the
Kennedy Lateral to remain open as proposed.
f. Prior to submittal of a preliminary plat application,the applicant shall execute a mutual
agreement with the property owner of parcel#1215131400 on the terminus of W. Cobalt Dr. in
conformance with the approved concept plan. If a mutual agreement cannot be reached,the
applicant shall design and construct the half section of W. Cobalt Dr., so that the center line for
Page 24
EM
the portion that abuts parcel#1215131400 is along the shared property boundary.with the
centerline of W. Cobalt Dr. eventually turning southwest(proceeding from east to west)to allow
for a stub in a location to be approved by ACHD.
PUBLIC WORKS
2. Site Specific Conditions of Approval
1.1 Any unused sanitary sewer and/or water services or mains must be abandoned.
1.2 Ensure no permanent structures(trees,bushes,carports,trash enclosures, etc.) are built within any
utility easements.
B. FIRE DEPARTMENT
No comments were received.
C. POLICE DEPARTMENT
https:llweblink.meridiancily.or- lWebLink/Doc View.aspx?id=227946&dbid=0&repo=Meridian CitX
D. PARK'S DEPARTMENT
No comments were received.
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=228197&dbid=0&r0o=MeridianCitX
F. ADA COUNTY DEVELOPMENT SERVICES
https:llweblink.meridianciU.orglWebLinklDoc View.aspx?id=227634&dbid=0&r0o=MeridianCitX
G. CENTRAL DISTRICT HEALTH
https:llweblink.meridianciU.orglWebLinklDoc View.aspx?id=228247&dbid=0&repo=Meridian CitX
H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=228703&dbid=0&r0o=MeridianCitX
I. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
https:Ilweblink.meridiancio!.orglWebLinklDoc View.aspx?id=228965&dbid=0&repo=Meridian City
J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:11weblink.meridiancityorglWebLink/Doc View.aWx?id=229278&dbid=0&repo=Meridian CitX
K. WEST ADA SCHOOL DISTRICT(WASD)
https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=228985&dbid=0&repo=Meridian CitX
Page 25
X. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex the subject 40.30-acre property with R-40
and C-C zoning districts consistent with the MU-COM, HDR and MU-RES FL UM designations for
this property. (See section V above for more information.)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment complies with the regulations outlined for the
R-40 and C-C zoning districts and the purpose statements of the residential and commercial
districts.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
The City Council finds the proposed map amendment will not be detrimental to the public health,
safety and welfare in this area.
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 the proposed map amendment will not result in an adverse impact upon the
delivery of services by any political subdivision providing public services.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
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