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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 OASIS OF SEARIKC S,lo &11 Nml± " 2mJ s15 5-14 s�O 1/4 E1 5 W. FRANKLIN RD. s]5 1 a ' Se9qƒF3' 1 !¥ � � . ka § 17553 s£ ; z 4Ca0 IE q S � � z NE 1 # N s'? -02 , t1B N ] 16 N 4 IV SCALE , 0 7729 0 7m Qo ! 0 lb I � * oF � � Z�yEC 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 �- C R-4 3 RUT _ ■ 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 � B*$s OF 0EARINO 1O ill Nnlm264C713 f14 E1/16 W. FRANKUN RD. s15 1 3■" Sa9Mƒ23' 1 G 7' i � a \k a r �% LLJ . 1755334 /£ , z \ . 40-30 ±E ^ R k . k , NE ]/]e k■p ,02 1321,1 ' N ]/ N SCALE, 1 0 a- 7729 �o 'PA 3)1111! 1 & #e 150 wo `` of + / G.C Page 10 � 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 CS Iq I I + ZONE CC S t + ++ 1187150 s.f. w + + 27.25 a,c. c+ + + It t + + + t t + + + + + + + K51°p+ + + + + + al°r + + + + + + + + + + + + + All. + + ZONE fi-40 + + + , ++ + + a + + 5 r811 4 s.f,+ + + + - 149.94' + + 13.04 o.c. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + I + + + + + + + + + : + + 20 + t + + + + + + + N 2' W + + + + + + 1 + + 293.40' + + + NE 1 16 NB-915'02"W 1321.1V _ N 1 16 r 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 ics i I+ ZONE CC c, + I+ + '} 1187150 s,f. t + Fp 27.25 J.G. :2 J_ e 16 al+ + + + Z r rl + + + + r� i > + t t + s vi rfi017!t t + t t + e t ZONE R-40 + + i + +568184 s.f-+ + + + 19-9 ' 1++ + 1.3.04 ❑-�. + + + + + + + + + + + + + + ++ + + + + + + + + + + + I + + + t + + + + + + 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) I F r a n k l i n---Road--- - ------ _,_._._._ ——-}, Project Summary ���� I •— Q71H{�I'.LIIII Illq IIIIILIdllll f ; F I osR vac eullnnys,-a e,asos Ills ! _ W❑ Mxeo ups acommerea wu, wus �za caomo� - (TNI r �� �yylyl� r \ I■ ■ lRfall� rotel commeraai urx i sc ass rt • i Pare�RequoM Szt spaces *\ •. — S1C,'Y 3��� '» !°� � I,v, Ow lung wanoeo wspaces �•. l I re nl¢i sry.apamnenu: Roa � 1.in6 :<Y!.? rF ,a v7saa.-rrxwo, i— seR ,aeons-acx � \y ��,^ � � .. 111J 1'■ I� Tj \ ' m Ib ,a u— Is I�. LlW1L�llll1� _ aeR uu�w as urea \.' �•� S7+ "�"'�"' � = seR So61 Rsawentlal U— 559 urea — f arung Regresm 52a spaces I � �jj1 - S'l - � ; MilNIII IOIIH I.IWIII — K a dlllll7�lllllll[rjs � I j 457 — --- �c o b a I-t TG-ri v-e--- 10 Mile Road & Franklin Road Residential & Commercial Mixed Use Center scar,•-� Page 15 ¢_I r -- ------ - ---- !!1 J ' I wwwwwl wirwwww wwwyywww� _-� ■� ¢i , _obi I¢Irl i��I i��P�¢o ,� r � _1� � � _,__i— �■ r ��. �. _ 4 Page • Rear EnvBldg Left •• �`— �.J �f :sue 'Front�� FM�Ekv.uoi •• OPyll Ekv �� $P3CR i •• MEMO r rp Page 17 , 7, 0 tLj'" P 1 � .. nl 6.1 1 IIC l ' I;'i in!0 -a II 1 Q III I tj i aw IF is h • .i �,I I?� �� ��L ��� 11 �_ - �., ru J �y w _ s. 6 Page 19 i �. i � Page 20 ,t'• ate` .„ � �y r s of Multi-Family(High-Density A.. iI1L��I C 5+ t J__ ■ 1 11111���..■■ - '■ t a C ;{.��'4�7. P■■ FRONT`[ 16 RIGHT REAR LEFT Page 21 J w ■� U JJ� pp y + ii , ■ 1�=���i r�o�n i. II i 71" FRONT rig ow RIGHT REAR LEFr �1 r:��` -�IJI ■ ■ 4 � �I � 1 w Page 23 . r 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. Page 26