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Ten Mile Annexation AZ-11-001
CITY OF MERD)LAN FINDINGS OF FACT, CONCLUSIONS OP' LAW AND DECISION & ORDER ~~~Vl E IDIAN~-- iDaHo In the Matter of the Request for Annexation & Zoning of 116.25 Acres of Land with TN-C (25.96 Acres), C-C (63.12 Acres), and H-E (27.17 Acres) Zoning Districts for the Ten Mile Annexation Project, Located on the Northwest Corner of I-84 and S. Ten Mile Road, by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC. Case No(s). AZ-11-001 For the City Council Hearing Date of: January 17, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 6, 2011, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governrnental 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-001 -1- 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 Planning 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 December 6, 2011, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA 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 & zoning is hereby approved with the requirement for separate development agreements for each property containing the provisions listed in the attached Staff Report for the hearing date of December 6, 2011, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). 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 two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a fuial 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 maybe 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 December 6, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-001 -2- By action of the City Council at its regular meeting held on the ~_ day of 2012. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED VOTED VOTED VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B ~ Dated:~$ / ~ ~. Cr lerk' ~ e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-11-001 -3- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) EXHIBIT A STAFF REPORT TO: FROM: Hearing Date: December 6, 2011 Mayor & City Council Sonya Watters, Associate City Plarmer 208-884-5533 C~~VI E' IDIAN~-- IDAHO SUBJECT: L SUMMARY I AZ-11-001 -Ten Mile Annexation OF APPLICANT'S REQUEST The applicants & property owners, Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C-G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan for the overall site nor for the individual properties has been submitted. See Section 10 of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information.) the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay. Engineering Solutions ii. In opposition: None iii. Commenting: Chris Penland iv. Written testimony: Brad Boe; Kevin Shreeve: Richard & Patsy Fedrizzi v. Staff presenting applicafion: Sonya Watters vi. Other staff commenting on application: Pete Friedman b. Ke Y Issue(s) of Discussion by Commission: i. The consistency of the proposed C-G zoning in regard to the intent of the Ten Mile Interchange Specific Area Plan and the future land use designations for the property: ii. The appropriateness of C-G zoning directly adiacent to residential without a development plan (no transition in zoning/uses). c. Key Commission Change(sl to Staff Recommendation: i. None d. Outstanding Issue(sl for City Council: i. None a nmmarv of City Co uncil Public Rearing: ' L In favor: Reckv McKay. Annlicant s Renresentative: Louann Janicek iL In onnosition: N nne jji, Commenting: Nn ne Ten Mile Annexation AZ-11-001 PAGE 1 EXHIBIT A iv. ritten testimony: Be cky McKay- Anolicant's Representative y, taff uresentine anuli catian: Sonya Watters yj, Other staff commenti ng nn annlication: Caleb Hood ]~ ev issues of Discussion b y Council: L he requirement for r estrictions nn the size of huildinQ footprints in the C-C zonine s. Key Council Changes to S taff/Commission Recommendation L Remove the restrictio n on each of the development agreements reQardine the uildinQ fo otprint allowed in the C-C zonin¢ district HI. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, as presented during the hearing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northwest corner of I-84 and S. Ten Mile Road and extends to % mile south of W. Franklin Road on the west side of Ten Mile, in the east % of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 1215131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Ten Mile Annexation AZ-1 ]-001 PAGE 2 EXHIBIT A Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 4, and 18, 2011 (Commission); September 12, and 26, 2011 (Gifu Councill C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (Gifu Councill D. Applicant posted notice on site(s) on: July 11, 2011 (Commission); September 24.2011 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property currently zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84; and agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. 4. West: Agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. C. History of Previous Actions: None for the subject property. Other properties/projects in the Ten Mile area that have been zoned consistent with the FLUM designation contained in the TMISAP are as follows: • Meridian Crossing (AZ-09-008) -This property consists of 115.26 acres and was annexed with C-C (48.59 acres); H-E (27.27 acres); M-E (22.57 acres); and R-40 (16.83 acres) zoning consistent with the FLUM designations of MHDR, MUG, HDE, and ME. • Baraya Subdivision (AZ-06-061) -This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (54.13 acres), and R-40 (13.26 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ-OS-016) -This property consists of 24.61 acres and was annexed with R-15 zoning consistent with the FLUM designation of MHDR. • Southridge 31 (AZ-08-016) -This property consists of 36.27 acres and was annexed with M- Ezoning consistent with the FLUM designation of ME. • Southridge (AZ-06-031, RZ-08-008, AZ-09-009) -This property consists of 300+ acres and is zoned R-2, R-4, R-8, TN-R, TN-C, L-O, C-C, and M-E and consistent with the FLUM designations of MDR, MHDR, MUG, PARK, CIVIC, and ME. Ten Mile Annexation AZ-Il-001 PAGE3 EXHIBIT A • Barletta Subdivision (AZ-10-002) -This property consists of 5.94 acres and was annexed with Rl zoning consistent with the FLUM designation of LDR. D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Purdam Drain bisects the northern parcel (Janicek's property) and extends to Ten Mile Road across the northem portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VIL COIVIPR)JHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an azea that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). The Future Land Use Map (FLUM) contained in the TMISAP collectively designates the subject properties for Medium High Density Residential (MHDR), Mixed Use Commercial (MUC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels are broken down as follows: Janicek property (northem 80.62 acre parcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/-acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV property (southern 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C-G (General Retail and Service Commercial) zoning district. The C-G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center FLUM designation because of the more intense types of commercial uses desired in those areas and does not support C-G zoning of the property. Staff has included analysis below on each of the FLUM designations for this site and has recommended a zoning district that staff believes is compatible with the associated land use designation and the TMISAP for this area. Ten Mile Annexation AZ-11-001 PAGE 4 EXHIBIT A Consistent with sound planning principals, future zoning should be consistent with the future land use designations of the Comprehensive Plan. Staff is of the opinion the integrity of the Plan should not be modified to address what may be perceived as the highest and best use of individual properties. Consistent with past land use decisions in the Ten Mile planning area, zoning of the property should be consistent with the FLUM (see Section VI. C for details). LAND USE DESIGNATIONS: MHDR: These areas are recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average target density of 12 dwelling units per gross acre with a range from 8-15 units per acre. (See pages 3-6 & 3-7 in the TMISAPfor more information.) The FLUM designates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent property to the north is zoned R-ZS and intended to develop with single family residential uses (townhomes &alley-loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year rozznd waterway that is proposed to remain open, as well as a strip of land designated for PARK uses that is intended to include a section of the City's multi-use pathway. The applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family attached, two family duplex, and townhouse dwellings -all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C-G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN-C zoning district allows all of the aforementioned uses as principal permitted uses, except two family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN-C (rather than R-40 or R-15, or the C-G district in which all residential uses except multi family are prohibited) consistent with Staff's recommended zoning of the adjacent MUR designated property to the east. Development on this portion of the site shozdd be compatible with the planned residential uses to the north and west. MUR: These areas are intended to encourage a diversity of compatible land uses that may include a mix of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments are required to integrate the three major use categories -residential, commercial, and employment. Live-work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial areas are generally small in scale and focused on neighborhood services within these areas. Traditional neighborhood design concepts are essential. The mix of uses should allow for a diversity of housing with for-sale and rental properties. The goal in these areas is to achieve a FAR of 0.75 or more. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The FLUM designates approximately 40.07 acres of this site for MUR uses. The adjacent property to the north is designated for HDR (High Density Residential) uses, a portion of which is zoned R-40 and the remainder is yet to be annexed. The property to the northwest is designated for MHDR uses and is zoned R-I S & R-40. Ten Mile Annexation AZ-I 1-001 PAGE 5 EXHIBIT A Again, the applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family detached/attached, two family duplex, and townhozzse dwellings -all essential uses in the MUR category which focuses on residential uses. Vertically integrated residential projects are principally permitted in the C-G district. OJ~ce, employment and commercial areas in the C-G district are not lin2ited in scale and are not focused on neighborhood services as desired in MUR areas. Additionally, maximum building height in the C-G district is 65 feet, which could result in larger scale commercial zases than desired in MUR areas as office, employment and commercial uses are generally small in scale and focused on neighborhood services within MUR areas. The TN-C district allows all of the aforementioned uses in addition to office and retail uses as principal permitted uses; two family dwelling duplexes and recreational facilities require conditional use approval. Because the focus in MUR areas is on residential uses and most residential uses are either prohibited or conditional uses in the C-G district, Staff is of the opinion the TN-C district is more appropriate and consistent with the MUR designation and the intent of the TMISAP for this area. Also, the nzaximzznz building height in the TN-C district is 45 feet and the maximum bzilding footprint is 20, 000 square feet; however, other than retail, all other uses nzay be allowed a greater footprint through the conditional use process -this helps to limit the scale of development & directs the focus to neighborhood services rather than larger scale commercial ztses within these areas. Finally, the zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUR designated areas. Therefore, staff recommends a TN-C zoning district for all of the MUR designated area. MUC: These areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MUC designation calls for an overall target density of 5-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FLUM designates approximately 36.21 acres of this site for MUC uses. The adjacent property to the west and south, also designated MUC, is zoned C-C and is proposed to develop with ground level retail with residential above consistent with the MUC designation. The applicant's proposed C-G zoning of this property allows office, retail, vertically integrated residential projects, and recreational facilities as principal pernitted uses in the district bzzt requires conditional zzse approval of multi family developments and prohibits single family attached residential uses -important components ofMUC designated areas as they provide an essential mix of uses and support the commercial uses. The TN-C district allows all of the aforementioned uses as principally pernaitted uses except for recreational facilities which require conditional use approval. The zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUC designated areas. For these reasons, staff recommends a TN-C zoning district for all of the MUC designated area north of the `/a mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see ExhibitA.2). (Note: There is small strip of land at the southwest corner of the .lanicelc property that is between the subject property and the road that is zoned C-C. Ten Mile Annexation AZ-11-001 PAGE 6 EXHIBIT A The zoning of this area should be "cleaned up" by rezoning the area to TN-C to the centerline of the road if a rezone is submitted in the future for the Meridian Crossing property.) The C-C district is very similar to the C-G district in that it allows (& prohibits) all of the same ztses listed above for the C-G district that are desired in the MUC area but allows slightly less intense uses overall than the C-G district. The property to the west of the SJJV property is zoned C-C. The zoning dislrict compatibility matrix contained in the TMISAP lists the C-C district as a possible zoning choice for MUC designated areas. To add variety in development potential for the site, staff recommends the area on the south side of the proposed '/ mile collector road be zoned C-C from the south boundary of the Fedrizzi parcel north to the centerline of the proposed collector road and west from the Fedrizzi property to the location of the stub street at the west boundary of the SJJV property along the frontage of the collector street in the approximate canf:gttration shown in Exhibit A.2). This will bisect a portion of the SJJV property with two zones in the area where the property should eventually be divided by the extension of the stub street to the east. Zoning this portion of the site C- C is consistent with the adjacent C-C zoning and the MUC designation. HDE: These areas are recommended as predominantly office, research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. IIDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE areas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TMIASP for more information) The FLUM designates approximately 30.14 acres on this site for HDE uses. The applicant proposes a C-G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restazrants, hotels/motels, and consumer service uses In the C-G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation; uses in the C-G district are intended to serve the wider community. This development pattern has the potential to diminish or zmder utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C-G district is 65.feet which may not allow for the ftdl build out potential desired in the HDE designation. The H-E zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. H-E zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S. Ten Mile Road, an arterial street, on the east. The maximtmt building height in the H-E dislrict is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H-E district limits retail and restaurant uses as accessory zzses to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H-E consistent with the intent of the HDE designation. Ten MilcAnnexation AZ-11-001 PAGE 7 EXHIBIT A PARK: Parks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they are intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood parks should be provided by local streets, sidewalks, and bicycle and pedestrian pathways and trails, with a reasonably direct route available from most neighborhood locations. Adequate vehicle parking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors are recommended locations for pedestrian or bicycle pathway connections. The FLUM designates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast bozmdary of the Fedrizzi property to Ten Mide Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Plan to contain a section of the City's multi-use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, conznzercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specific zoning designation for PARK designated land, staff recommends the area is zoned the same as the adjacent land. TRANSPORTATION: The transportation component of the TMISAP specifies future through- connections as they relate to the overall transportation network and collector street network. Interconnectivity is a hallmark of the plan with the intention of having a sound understanding of the street alignments rather than creating alignments based on case by case development applications. Street design elements integrate walking, biking, transit, driving, and delivery routes. Conceptual renderings depict streetscape improvements, commercial, civic and mixed use areas as they relate to the overall use and development concept (pg. ix). The Land Use Map and Transportation System Map contained in the TMISAP identify a conceptual collector street network for the Ten Mile plamiing area. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes anorth/south street through the SJJV property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future east/west collector streets. After discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 2011 prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Duector issued a letter dated March 14, 2011 regarding his review, included in Exhibit A.3. In summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans are proposed. The access points that Staff is in general agreement with are circled in red on the map included in Mr. Friedman's letter (see Exhibit A.3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by ACRD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Inselman, ACRD, also issued a letter dated March 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). Tn summary, ACRD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north/south collectors conform to ACRD standards & would be approved; the direct access to Ten Mile Road via the Fedrizzi property does not conform to ACRD standards & would not be considered Tea Mile Annexation AZ-11-001 PAGE 8 EXHIBIT A - emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACRD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACRD will withhold comment on the function & operation of the accesses until additional information that was requested is provided; the proposed right-of--way layout appears to be sufficient for the proposed roadways, however a more detailed review of the required right-of--way for the various roadway segments by ACRD and the City is suggested before legal descriptions are prepared. Approval of any access points will be contingent upon the parcels developing consistent with the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy in effect at the time the application is received by ACRD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recornrnendations on the location and design of building frontages and limits on building heights play an integral role in the future evolution of the Ten Mile Interchange Area. The location, scale, form, height, and design quality of public and private buildings directly affect the Ten Mile Interchange Area's success as a great place to live, work and raise a family (pg. 3-31). MUR: All development within this category should incorporate traditional neighborhood design concepts in accord with the TMISAP such as higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street. MUC: All development within this category should incorporate traditional neighborhood design principles and concepts iri accord with the TMISAP (see MUR above). A strong pedestrian- oriented focus is essential in this area. ~E: All development within this category is strongly encouraged to incorporate designs that promote open space and parks. Structured parking is also allowed. 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): • Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. (Chapter 6, pg. 83) A section of the City's multi-use pathway system is designated on this property in the area designated for PARK uses in the City's Master Pathways Plan. This pathway will provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to otherproperties already annexed into the City. Urban services can be provided to this property upon development. • Work with transportation agencies and private property owners to preserve transportation comdors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit. The primary purpose of the subject annexation is to identify and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained Ten Mile Annexation AZ-11-001 PAGE 9 EXHIBIT A in the TMISAP and found it to be consistent with the plan. The City, along with ACRD, has provided a response to the Ten Mile Interchange Commercial Traffic Analysis (see ExhibitA for more information). • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48). The multi-use pathway planned through this property will link to a pathway northwest of this site in Baraya subdivision which will contribcde to the goal of providing neighborhood connectivity through the City's pathway system. • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MHDR, MUR &MUC designated areas. The zoningproposed by staff will allow for a variety of residential uses to be developed within this site. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The soatthern portion of this site is designated for HDE uses. In close proximity to the north, a mix of residential uses is required within the MHDR, MUR, &MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5; Pg. 69) Although not a creek, the Purdam Drain crosses the subjectproperty and is a year round waterway. This waterway will remain open but will be piped at vehicctlar crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed C-G zoning is not consistent the with the Zand use designations contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above. As an alternative to denying the application, staff has provided recommendations on zoning that stajJ feels is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE (I1DC) (Staff has included details in italics below pertaining to staff s recommended zoning of the property.) A. Purpose Statement of the Districts: • The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (I7DC 11-2B-1). • The purpose of the traditional neighborhood districts is to encoarrage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efjieientaFSe ofservices. Vertically integrated residentialprojects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). Ten Mile Annexation AZ-I 1-001 PAGE 10 EXHIBIT A B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the staff recommended C-C & H-E zoning districts. UDC Table 11-2D-2 lists theprineipalpermitted (P), accessory (A), conditional (C), andprohibited (-) uses in the TN- C zoning district. Any use nat explicitly listed is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table 11-2B-3 for the C-C and H-E districts, and UDC 11-2D-5 for the TN-C zoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B-9C and Table 11-2B3. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-28-3 for the proposed C-C and H-E districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape bz ffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. (The UDC does not currently incltizde landscape reguirements for street bz ffers or buffers to adjoining residential uses in the TN-C district) E. Off-Street Parking: If the proposed AZ is approved, non-residential uses require one off-street parking space for every 500 square feet of gross floor area and parking areas are required to be designed in accordance with the standards listed in UDC 113C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residential uses, the required number of off-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant requests approval to annex a total of 116.25 acres of land, consisting of three parcels owned by three different property owners, with a C-G zoning district. The property is collectively designated on the FLUM contained in the TMISAP for MUR, MUC, MHDR, PARK, and HDE uses. Overall, development in this area should integrate the three major use categories: residential, commercial, and employment and contain a variety of residential housing types, commercial uses, offices, retail, recreational facilities, employment, and other miscellaneous uses. Based on the TMISAP, Staff is of the opinion the requested C-G zoning of the site is not consistent with the FLUM designations contained in the Plan for this area and the overall plan for Ten Mile Annexation AZ-11-001 PAGE I ! EXHIBIT A the Ten Mile area for the reasons stated above in Section VII. In addition, no conceptual development plans have been provided. If the applicants wish to proceed with the C-G zoning district, Staff recommends denial of the subject AZ application. Note: Staff discussed other zoning options with the applicant's representative, during the pre-application meetings that are consistent with the FLUM,• however, the applicants wished to proceed with the C-G request despite Staff's recommendation. Note: As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that staff feels is more appropriate far this area and is consistent with the FLUM (see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue this application to a later meeting in order for staff to draft development agreement (DA) provisions, amend the findings, and prepare a recommendation for approval. The applicant woadd also be required to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the Conmaission chooses to recommend approval of the applicants request for C-G zoning of the property, the application will need to be continued to a later meeting in order for staff to draft development agreement provisions, amend the findings, and prepare a recommendation for approval. In either case, provisions of the DA would include requiring a conceptual development plan be submitted prior to submittal of a Certificate of Zoning Compliance application which would necessitate a modification to the DA at a later date to include the plan; and requirement for easements or right-of-way dedication for the proposed collector streets within the properly that are consistent with ACHD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning ° ~,.,.......M..,,.., ,.° Q4°~Annroved by City Council 3. Proposed Collector Street Network 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code Ten Mi]e Annexation AZ-II-001 PAGE 12 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Pagc 2 EXHIBIT A 2. Zoning Annroved by City Council Exhibit C Page 3 EXHIBIT A 3. Proposed Collector Street Network Exhibit C Page 4 EXHIBIT A 3. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director ~~~~ II~IAN~-- r!.] L1 f'f rCl D•larch tA; 2iltl l+Rr• Gaey Inselrnan Itdu County Flighu~ay Disliict 3775 Atlams ~ttgel dardetr City, ID R171A SUI3J6C.T: TCIQ MII.1? 1NT8RCHANGF VJBST ACCESS ANAYLSIS pout Qary': 17ris is in traponsc to the Ten Mile Interchange Commercial Traffic Analysis X011 by Dobie Frrglncering. CitybF Mrxidion 1'lattning and Publio Works sla the annl vsis. ntt+nosed right af~vav aliaronenla and aeceuses for cUitsistency v ht L'lan {TpdISA!'), In Wall tlnlil f0 Mayoriammy de Vlcerd City Coartixa Member#: IWlll+nlyd Arad Haa~glun [hailesagentrea pdvld Zarem6a ~• runty I5, +Vu Ne recognize that the analysis is coricetly based ortthc adopted Imrd use designations 4f the TMISAP uveirlllougit tlita prcctsc ]sod uses ore not Identified. K'hilcthe FAKempl~yed iathc~ aitnlpsis (.56) is lower iha».nptlcipated in 0.ho TMISAP it seems reasonable sinccjhe rcuunenenilod FARs m the plan do noL account for road rights of tvay and allays, Thus, we art: hs gertenrl agreement with the assnmpll~tls With tegord to ilto pmpose4l d4ae95e9, u4 recognize and aupp4ri tlreUistricCS policy of idcntiFymg access at the fitue of dovclopment epplicntion oral appreciate the District`s llazibilit}` is reviewing Utc pop0.sed aaceSSes and right of way alignments to this uniquo situalldn. Based Ott out review of the analysis and the proposed accesses Our mrruneuls ate direcCcd to 3pevilic necas on the attached map: widr currceyrri~diug uun+eric iahets; + Wedeterto fhe Dislriat on lheltloution ofthe access is [bewcst side afYen Mllc Ro.•td chat tsrould he located nn the north Rottion oflltc Sauicek pr4pcti?• nr rho south portion:4F 11re Cuneypropetly:.(1) • Approval 4f the 4oaesses propuged for the north and uonhlsouth collect4rsshould lk defeimd until a specific development plea 3s pi4posed In order to delenriine the precise locsl4n end fitnctioualily: (2) Planaing Department .. 33 E Broadvay, Meddlan, ID 1138!12 Phcnc 2ea•aa4~6533 . Fex 2l1BA98~i8fi4 . w0w.mendianctty:org Exhibit C Page 5 EXHIBIT A MIr. t7ary Ipselmao Page 2 • The rlirec:L access from the Fede[zti. property to Ten Mile CtAad should $e Wuited tv `emergency only" until such tlme as other acrkss to that properly can he achieved. The Prapased driveway access [a Ore f~`edrizZi Properly vn the northsouth collector shautdbc approved. (3} • On the south side 6f the soulli colleMvr mad we reeomtnettd that Srst rightln-:light out Kest oCTen h431c Itaad 6e approved as weU as the leR 1n1 right In -right out located to the vRSt of that actxss. (4) Vl'e are of the oplnian Ihatthe access located on the vrtstem edge of the SJJV prvpeYty be approved to concert with a specific develop[nelit proposol and cvnsidcreiion be given to IgcryQng It on the-common prpperty tine with hdnrldian 118, (51 • On the. north side of ilia south gtilteelor we recommend that approval of the gccess ltnmedialely east of [lte roundahopl (l~ and recommend that action on the other foie be deferred (7} until a SpeciFic development application is tendered Cor considcmtion. lu addillon vvs arc unstuc of the necessity of the lellln iumhtg, movement as proposed fvt tlrc midale access. (aj . '17tank you for cvn5idcmtivn of our cvntments Please Real Tree iv call i(yvq have any ggesdvns or wnuldlikc to mcef to discuss the proposed alignmcrits. .,S ly*~ O Ic priodman, rllC!~ UeputyDirei;tor i. ! Cc rlnua Canning ~ :,,: $eclcy:MeKay Pat Dohic Tim Cums r Exhibit C Page 6 EXHIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACRD ~ri3iMrwa~s~~v ~~!' March 77, 2011 Becky McKay Engineering Solutions, iLP 1020 [d. Rdsarid Street„ titeite 166 fvlarrdian, Idaho 031142 RE: Ten IJlge tnlBFchanga Weat peeesa Analysis Roar ~ectty Ra6ecra w. arncrd, nesld~t JaM 5. Franden, Vile Re:krent Carol A. McKee. Ccmm6sgner $ara M. erlWrr pxmrYs.'wis oabd L, Lose. LtmmSaaner ACHD has reviewed the TechnVCat Memararfdvm,(fvlelno} tram noble Englneerir<g, Ina, dates February 15, 2611 which you hand delivered at our meeting an March 2, 2611, Concurrent with ourre~aw of the traffic analysis, AGHL} requested the Crty of Meridian review and verify the land use asstunptvns. Enclosed Is the Gity of fvteridian lekter dated Meech 14, 2611 verifying general agieemenkwll#i the land use assumptions as waU as comments on the proposed access points, The Memo referenced uWng tnfarmalian from the LochneC Study !cP the Ten Mile-Inlerohange as well as the studyprepared by HDR. Please provide copies otitis relevanE sections from these studies from which the information was obtained. The Memo also references Appendix A, @ sod G. These were not Irrcludedln the eubmitke[, Please provide a copy of the appendices, comments on the proposed access points absent the iMormation requested ' rav(aw of ilia cwrtfntants I wilt utlllra lha numeric tabel& tram the C(ly"e lattef Tha north access road (1} lacatad an lha south p~tlan ailhe signalized in#erseafton In the Memo. A signal has not bean a antl will not tae considered at This time; None of the`informatii anysoufee haslndlaatad itte need to signall~a this future ftte Tfie proposed locations for the accesses on the nntitt collectoY and the northlsouth collector R2) general ly conform to AGHD policy as ..proposed and would be approved.. The proposed dRed ecceap to Ten Mlla Read fromfhe l'edrizzl parcel (9j was lest efirnprn ea an emergency access only. There is no explanallon as to why ifie proposal now includes a direct access to Ten Mile Road. This access does not conform to ACHD policy and will not be considered The assess tolhe street a! the west side of the parcet colNarms to AGFIQ policy and would bit approved. The proposed eccess polntlocstiorts on the south oalleatrar(4, 5, t3, ?`, ahd B} r~anaretly conform to AGWP policy, ACHO wilt withhold comment an 4ha funatlon and aparatlgn of the arpesses until the information requested shove has been pmvlded. Tho proposed rlel5t-af-waylayaul appears to tae sufFicfent for the prapased roadways,. l would suggest a more delalted review of the requhed right-oF-way forthe vadoars roadway segments with both AGH~ and the City of Meridian before legal descriptions era prepared. Ada rhuNty Hightaar OiArici•3775 Adams Street •Gardarr GtY. ID~•.%3714 • PH FaoaS 387-6tOp • F1C 3l?7-:4J97 • vrvm.vcFrJ,aiaid.es Exhibit C Page 1 EXHIBIT A As we discussed, appreual of any access paints vuilt be contingent upon the parcels developfhg cnnsiskertwith the land use a;ssumption$ within #ha 7tsn Mile tnterchanga Specifle Area Plan and Qr® euh#ect tti change or malatecalidnlf the proposed lend uses andlar traffic cuntliti[ans change in the futur®. Ali future development of the parc®Iti xnll be fiubJect to the ACHG paflcy fn efieisk at tfie lima Ifie a~pplicatlon is race"toad hY ACHt7. kf you have any qutisUOns you tnayctsntacl me ak 387-6170. Sincerely, } Gary Insai ~n Manager, tig ht-a#-UUay and t?avekopmert Services Enclosure; City of f+fierldlan letter doled March 14, 2011 Vic; Pete Friedman, City cf Me'atlian Pat Doble Exhibit C Page 2 EXHIBIT A 7. Development Agreement Provisions At the hearing on January 17, 2012, the City Council approved the subject annexation & zoning request with the requirement for Development Agreement's for each property as follows: The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN-C & C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C- C: ["(-)" prohibited; "(P)"permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vebicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the sozzth side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integration of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new constmction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. ~~ , «,. F,.,.a al.«......1. al.,.....«.l:ti..«..1 ..,.,. «..««:a ««,.,.,.,... i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket parks and other public spaces in site design. 1. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXHIBIT A Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. • > 5. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subj ect property. The owner/developer shall install mains to and through the development and shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C-C & A-E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes maybe permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. .,.«..:i ..n ,.«w,..-.... ., wo ..n,....oa ., c ,.....-:..t ,.t,...o...o.-.w..,. ....o......t,,...,..,.,,t inn nnm 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "A"accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the soa~th side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Annexation Legal Descriptions & Exhibit Map December 22, 241.1 17TSCRIPT[ON Ff)R FCDRI7.2['I'~N 14i[LE LLC PitQPOSED C-C ZCINCNC: A ptlrcel of lAnd located in the I~IE'/o oC t}tu Sli ~/i of 5c~tion I S, T3N., It.l Var., B.M., rids Canmp~, Iditho„ muec purlictllarly described as follows: Caminrnaing at the nor[lteast earner of the SE Ifa (tlte Enst'l, aontcr of seid Section -I s), the KCAL POWT QF BEGINNING ~Fthis description, from which rite Southeast corner of said Section 15 beers Sditlh Oil°~{i'4~" Wes4 21159.46 Feet„ 't'hence South UUV;}.U'U'S'" Nest, l t$,th7 Feet along the cost line Uf the NG'/a of the SL• 'l+ ro a. point; 'Fhent:c Narlh S{)°Id'44" ~l+esl, 840.4t1 Feet parallel tl~ilh the north tine of the NE I/, tyf the S1~'/« to a lsphu; Thencs No1th ~0°34'43" Pest, 27&114 feet palnllel with the east line of tha NE'f. of the S1%'/. Sty a point on the north fine of the?~'E !.i of lha Sf '/,; Thence Sailh tC~° 14'44" k7€lst, R(10.40 Feet along iltc north line ul' Ilte NE Ya of the SL"' `t. (o th? POINT OI~ I3,>»OlNN1NC. Containing S: ] 1 acres, more or less. 9(HI I $lFEi)NIZZI (C-C)_UP5. W C Exhibit C Page 7 EXHIBIT A IleCeniber 22, 2011 D>1.SCRfPTCON TQR JAN[CEK PROPCftTIGS LLC PRC]PQSED C-G 2d?N[Tifs A pnrCel of laud located in the NS %oFSection 15, T31V., R.l W., B.M., Ada County, Idaho, more pnrliculsrly dasarll+ed tls follows: Colnmet[cing al the southeast corner oftlie NE ll4 (the East Y., corner) of swill $eClion ] 5, llic KCAL Pg1N'I OP EiliClNlY1NC oClhis description,from which tlla Nlirlheasl confer ofsnid $ecrion 15 Clears North 44°33'38" Enst, 2658.23 foal: Thcncc Narlh 84° Iq'A9" West, I745.q# feet along the sortth line of the NE'/a lu a point, Thence North Otl"45' 16" East, 56,57 fold la N puinq Thence Ndtlh2~f°A5'24" Wcsy 115.33 Ref la npoint, Thence North 16°29'52" West, 4$.$3 Ceel to n point; `I7lence Norlli 44`i a'44" West, $4.43 feet io n pnint of cun~gture; Thence 342.Stl feet along a curve t4 Iha ri~hi, said curve hnving n Cenlrxl eagle aF2tl°24'07", a nldius of 465.40 feel, atrtl a long ehard which beats North OS°55'24" Ciast, 314.74 feel to a poinK of reverse curvature; 17trtlce 449.41 fit along a Curve to the left; said cur~~e having a centrpl angle of 24°$2'43", u iaditts oP l U35.Uq feat, and a fang chard which bars Nnrth Ili°79'41 °` N,pst, 445.$9 fret to a poil#t al' reverse curvature; Thence 187.?33 feel nl~ng a cun~e to the rigln, said enn~e having n central angle aPU9°1!1'33", n radius of 1165:tl4 Ices, anti a lant; ahartil Hhielt beers North [14"14"03" SYasl, I$7.721'eel la u pains saf tangency; Thcncc Nnrtli Dnn»r 13" I;avt, 21.59 feel to a point ua the north lino nl'thc S\Y ~1a ofihc hE ~/y Thence Scnth 89°15'45" Easi, ~{64.1761'eel thong the nCrlh line of the S5Y '!a of the Ne ~ to the nortJtcas[ comer of the SW °/a of the NE'/a 7"hence $aath $9'i5'US" East, t32U ~l7 t along the north l ine of thr ~>s ~/, of tltr NL' "/, to the nartliCase canter ol" t]te 5E Y< of tlic 1aE 'fr, Thence Santh OU°33'38" West, 1329.11 feet nlwtg the east line of the SI '/a of the N'E 'la to the NCt[N~' OF HEQfNNIN4, Calitaining54.GGncres, mnrenrless. 90~{]RM1JANICEK [GCJ_DES.000 Exhibit C Page 8 EXHIBIT A L]recember "~~, 201 DESC][Z1PT107V FOIL JANIGEK PROPERTIES LLC Pltc>IPUSIIao ~I•N-~ zca~rrtve. A parcel of land located in the NE'J. aF Section I5,'f.3N.; R.14V., B.1vf., Atla County, Idaho, mare particularly described 8s fullotvs: C4ntntencing AS the southeast corner of the N6 1!4{the East '/a earner) of saki Section l5, from which the I~atthecrsl corner ol'snicl Seclun 15 beers Nurdt l74°33'J$" East, 2GS$.23 i`eet; Thence North 89°I4'A4" Well, E74S.~9 feet alnttg the south line of the NI>'l. to thu ltisA,L 1'(~[NT OP l3FC.Ih1NING nfihis description; Thence North $9°14'+34" West; $97.G9 feel along said saltlh line lu the soulhcvest comer of tkre SOP '!+ of the iVC "!.t (The Gent+<r'/, corner of said Section 15); `T'hence North OQ°3G'S 1" Cost, 1328,$4 Ccul ttlottg the west floe of the 54V !/. of the Nf'l. to the nartlpv~st Corner of 4he SW %, of the NE 1f4; Thence South 89° 1 S"OS" East, 851.90 feet nlang-the nertlt litre of the fi14+ `/. of the NF.'/~ to a point; Thence Soutkt JO°27'I3" V."est, 21,59 feet to a prtitit of curvaiure TltenCe l8~':93 feet along a curve to the left, said cun~c having a central nngle nf319°14'33", u radius of 11Gi:Ott feet, nett n lung chard vahch bears South 0~°) 0'03" East, 1 87.72 feet to a point of reverse curvatutr'; Thence d~9.~ I feel along a curvy to dre right, Bald Curie lta4+ing n cend'a] angle of 2A°S"'A3"", A radius of 1033:0{t feel, t<nd ttian~ chorxf which bears South 03°39'Dl" West, ?I45.89 feel to apaiot of iC?k'CI'8C GltrV[It41r@f Thence 34b,501`aei nlat?g a cun'e to the left, said cyrq'e hnging p ceotrAl Angle of 20°2p'n7"', g rndius of'lfi_S,UU feet, and a long chord which ~etn~s South U5°55"2 U" Wr.;t, 310%l] liv=i to 4txrifll r,f tangencc; Tltcnee South 04°14'44" 1°sast, 811.9.3 feet to ¢ paint; Thence South 1G°2St'S2"Gust, 48:$3 feet to it paler, Thence Soittlt 24°4S'2d" LHSt, l 15.33 feel ton pohn; Thence 5otiih rJ0~45't6"West, SG.57feaz to the POINT OF BFOINN~r Containing 25.96 acrtias; tuore oe less. {Ht3t8UrlNIGF.K (1'N-[:)_rieS.o©c Exhibit C Page 9 EXHIBIT A 1]cccmbcr 22, 2011 AICSCR[l'TI{liV I'Q12 SdJV LLC PItOI'©SCD C.-C ZQNINC A parcel a!'land lucale<l in the NL 'l, nl`tlte SE Ya of Suction f 5, T.3N., R, t F1', B.iv[„ Ada C:ounly, Idaho, more particularly described as lialluws: Corntneneing ak the natlheast corner gfthe SE 119 (the Easf ? a comer of avid SGrai'tcn ] S),1'rnnr +vhleh the Sautlreast oamer of said Set;lian 1 S lx irs Sauklt (t11°:Sp'p3";Vest, 2G59.46 feel; Th4ucp NutQt 89"14'44" 14est, 8p11.00 feet slung the nanlr line of the NL Yd a f the aP ;n in the KCAL POINT t1F BEGINNING of this deseriplioh; Thence South 09°30'03" West, 167.91 feel parallel with the east line aFdie h1E Y, nFihc SE'l~ to a paint; Thence Nor<h R9°29'57" West, SS:Op feet to ri point of ourvakure; Thencec (79.73 feek along n cun~e kn the left; said curve having a central angle of Rl ° 11'29", a rodius of 2SO.OG feet, and a long chord wUich Nears Sarrilt 69°~4' 14" 1Vest, 175,89 feet tp a Point of tangency; Thence S 49"18'34" tr,!csl, 195.51 Feek to a pain[ of cur~atur+; Thence 170.32 fcs;l slung a Curve to the right, said curve having a central angle of ~9°02'01 ", a radius of250.Op feet, and a long cltotd +vhichlx:tr, Snakh 48°49`34"' N•'esi, I ii7.04 feet to a point an klte wes4 line of the NFl Yr of the SE 114; Thence Narih Op°3S'27"Vast, 92.55 Feet along the west line of the NE'/i aF the SE'l.~ to the alorkh+vesk corner aFthe NE %a of the SET, 'Iltence SauOt 8414'94" East, 521,59 feel along the north-line oFthe NF, Y., n f the 5E :~ to the POINT OF BEGINNING. C;onkaining 3.OS acres, iuare t,r ]eds. gmt i alstnr Iccy_oES.ooc Exhibit C Page 10 EXHIBIT A fJzcem~er 22, 201 I llI;S~RlI"CIO1+J F!OR SJ.R+ LLC FROPt]SEI] 11-F. 7ANtNC A pitrcal of tan<I IacASed in the ND %. nFthe ~E'1. pf Sahtlpn I5, 'f:3N.; ll.l W.„ D.M., Aifa Caput}•, ldahttF, mnec lJn>•lirularly' dascrilJatl ps fpllpv.s; Caltunenning pt rite norlltzast comer pt' the SG 1!9 (IhC Eas'1 % corner bf said acdinn 151, front which the Southeast cnntcr of said Section l5 l)eat5 Snuth 00°30'03" West; 2654.4G fact, '17trOrr tputh 0[)'30'03" \Vetil, 278.D0 fcct along rite call litu; of the NE'1~ nfihc SE !!, Ip Clte RisAL POINT` OF 13CGINNIN+.; of this drsa•iptinn; 'fhrnrr South 0030`03" West, 73G.74 fezt along the east litre of lire NE ;'. of the SE !/, to a point; Thence NnJth 89°34'08" 14~est, 233.31 frrt to p pplni pn the northerly eight-nl=vray of interstate 84; 1liepcr ulrntg the Said norlltarly eight-o1=\aay the following; courses anti disiancts: Tltcnce South 47°33'05" Wr>;t, ]09.0) feet "17tenar South 66°54'30" V.+ast:105.73 feet 7'Itencc 5putlt Sp°49'21" West, ] 50.1 C+ fret; TJtrnre South 76°01'13" Walt, 330.69 fast Thence Soutlt 79°54'26" West, 177.77 fcnt '[hence South 84°46'38" N+est, 162.75 fiat; Thence Sout17 8$"4T05" West; 108.26 feat to p pohtl poYhc i est ]Inc of the NB Yn of the SC !!'4: 'L""hence Ieitvi0g s,~id pcrtha; ly cibht p(ivay NnMh 00913'27'" fast; R7(.'.3 fit along thr west line of the N6 % of fhc SE !/~ (o n htiint pn a rpe\•e; Thence 3 70.32 fantalong a curvy to iltc I¢ft; said ciu•vz having; a ceniral2ng;lc of 34402'Dl", n t'adius of 230,{10 fist, and a long; chard which IteaesNorth G13?49'34" East, 1G7.04 fact [n a gmipt pf ipttgS4n4y Thence Noith 49°18'34" Past:. 195.51 frrl to a gwipt afeurvJttarc; Thence 179.73 feet along a cJtrvc io the right, said cgiwc having a t:antad an~la of 4l ° I I'29", p raclitas ot'250.00 fart, utid a long ehnrd wltJclt Isrues Nnrth G9°S4' 19" Etter, 175.A9 feat to a pnini of taligrnd}'; - Thrnrr South 89°~9'S7" 1=p5t> 55.00 frrt ip a point; 4p41 tJ'SJJ V (H-]31_DfiS.000 Exhibit C Page 11 EXHIBIT A '['hence Suulh UO°30'113" luefit, l I U.01 i'eci, parallel wish the east line clCtlre NL Y, ofthe SE Y. to a point; Tlsence South 89°14'44" East, 8Ri7.00 Ceet pet'allel with the lw-lh line of the NE Y: of the SE'/a to INe PD[N7'0[' I}EG[NNfNC. Conininittg 27.i 7 acres, mom or lest. 11111 ) 17 ~"~11 ~i~l~lllllt~l l~~ /f t eiN r ~ ~~ ~~~~~ ~~,.,,•b, ~6 ..,,.~~,. ~~~ ~~ il~l~ ~~ ~~ k '~ r I I i i ~~ ~IIl1[)1> ~ ~~ 1f~illllb~! ~,~i' ' ; r iq ~ -~,~•.T• w;~1-~ ---~~•~-- .,. ~ ~ is aNO .,b ~~>~ ~ ~ ~~ ~ ~ w~ e ; ~ n~ "P "v~j ar~wvn.mx~ av ~:~wv~O°iQ I p~Y°vn n"mm Ilt _._._._. _._. _. _. _._._.~,. -aw2•~~.._~,... ~_ __ _ A~._ nerve ue~ ~~ RW. tl."rit ~Y • T~~irir" i .-.,...~-- ~ a I i _ ~ ~ ~, maaeea~mxo y ! ~ OA~~IO. J9] pwnw~~'uc) 1 wy~s.N rc y.ri~' CiA ~ i ~ MNGr ~~e Yp ,k i a ~ '.~,. ' i ~Ei ~ i~ MAP Exhibit C Page 12 EXHIBIT A C. Required Findings from Unified Development Code 1. Annexation 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN-C, C-C, & H-E is consistent with the FLUM designations for this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council finds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D