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Fedrizzi Ten Mile LLC AZ 11-001ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 41 BOISE IDAHD 07/25112 D2:00 PM DEPUTY Bonnie0berbillig III 1111111'IIIIII'IIIIIIIIIIIIII'llll flECORDED-REQUEST OF 112073618 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Fedrizzi Ten Mile, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_~ _ _ day of .~ v 1 ~ , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Fedrizzi Ten Mile, LLC, 3026 S. Whitepost Way, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, 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, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-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 Ordinance 11-SB-3, 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 of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation ofthe subject Property held before the Planning DEV ELOPMENT AGREEMENT - Feoa~zu TEx Mns, LLC (AZ 11-001) PacE 1 OF l0 & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7`s day of February, 2012, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development 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 re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted on April 19, 2011, Resolution Noll-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, 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 aze 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 cleaz 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 govemment subdivision of the state of Idaho, organized and existing by virtue of DEVELOPMENT AGREEMENT -FEDRiZ~I TErr Mus, LLC (AZ I1-0(11) PAGE 2 OF ] 0 law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Fedrizzi Ten Mile, LLC, whose address is 3026 S. Whitepost Way, Eagle, ID 83616, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modificafion of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 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 (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) DEVELOPMENT AGREEMENT - FEDRIZZI Terr Ma,E, LLC (AZ I 1-OI)t) Pace 3 OF 10 Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal ofthe 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 azea 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 subject 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 ofpipe 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 imgation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the properly 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. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designafion reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two yeazs of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - FEDR 1991 Tr.N MII.E, LLC (AZ 11-ODl) PAGE 4 OF 10 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 sud Cure Period. In the event of Owner/Developer's default of this Agreement, Ovmer/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have wnsented 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. Ovvner/Developer reserves 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 byeither Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developershail, immediately upon wmpletion of any portion or the entirety of said development of the Property as required by this Agreement or by DEVELOPMENT AGREEMENT - Fsoatzz~ T~ Ma,E, LLC (AZ I 1-01)1) PAGE 5 OF 10 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. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfiilly comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be temvnated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 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 breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, 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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwner/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. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall DEVELOPMENT AGREEMENT - FEDU»zr Terr Mu.E, LLC (AZ 11-091) Pnca 6 OF 10 commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 DEVELOPMENT AGREEMEN'C - Feuiuzzt Terr Mu.a, LLC (AZ 11-001) Pn~e 7 OF 10 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 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. 17. 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. 18. 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. 19. 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 ofthe Property, 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 OwnedDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand 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 DEVELOPMENT AGREEMENT - F~nx~zz~ Terr M¢s, LLC (AZ 11-ODI) Pwce 8 OF 10 writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City; to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Moridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. FEDRIZZI TEN MILE, LLC By: CITY OF MERIDIAN B. M yor a eer DEVELOPMENT AGREEMENT - FEDR 1991 TsN M~[,E, LLC (AZ I 1-0th) Pncs 9 OF 10 STATE OF IDAHO, ) County of Ada ss On this ~ day of 2012, before me, the undersigned„ a Notary Public in and for said State, personally appeared ~ L21 known or identified to me to be the person who executed the agreement on be alf of Fedrizzi Ten Mile, LLC, and acknowledged to me that he 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. ~` A'Rf ~AG.$ t.1G~* F STATE OF IDAHO ) County of Ada No Public for Idaho Residing at: My Commission Expires: ~ (P ss On this 2 ~ day of Jut , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such Ciry 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. •StiGA J~`~•••. . 5,~ pTAk,P~iP ; '~d~I~ I~.P~f'~ (SEAL) ; 5' $ ', : No y Public or Idaho I Residing at: eve ~• ~, p; Commission expires: ~ AJ'B~+1G'Q'Z: •'r:'9fE OF ~~•• ••....•' DEVELOPMENT AGREEMENT-FeDtuzziTEriMu,E, LLC (AZ ll-ODl) Pnca 10 OF 10 December 22, 2011 DESCR~TTON FOR FEDRIZZI TEN MILE LLB PROPOSED C-C ZONING A parcel of land located in the NE'!, of the SE '/< of Section 15, T.3N., R.1 W., B.M., Ada County, Idaho, more particulazly described as follows: Commencing at the northeast comer of the SE 1/4 (the East'/a comer of said Section 15), the REAL POINT OF BEGINNING of this description, from which the Southeast comer of said Section 15 bears South 00°30'03" West, 2659.46 feet; Thence South 00°30'03" West, 278.00 feet along the east line of the NE Y, of the SE % to a point; Thence North 89°14'44" West, 800.00 feet parallel with the north line of the NE '/a of the SE Ya to a point; Thence North 00°30'03"East, 278.00 feet parallel with the east line of the NE %a of the SE '/< to a point on the north line of the NE '/a of the SE'/a; Thence South 89°14'44" East, 800.00 feet along the north line of the NE %a of the SE % to the POINT OF BEGINNING. Containing 5.11 acres, more or less. R€VI- PROVAL BY - FEB 2 4 2012 A+IERIDIAN PSIBEJC )1ih~~~(~: 7FPlL. 904I61FEDRIZZI (C-C)_DES.DOC EXHIBIT A STAFF REPORT Hearing Date: December 6, 201 I TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-11-001 -Ten Mile Annexation C~i~E IDIAN*;--- I®AH® L SUMMARY DESCRIPTION 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. II. 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 subject 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 application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Ke v 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 adjacent to residential without a development plan (no transition in zoning/uses). c. Ke v Commission Change(sl to Staff Recommendation: i. None d. Outstanding Lcsue(s) for City Council: i. None The Meridian City Council heard these_itemc nn December 6. and 20.2011 and January 17. 2012 At the public hearing nn ianuarv 17 2012 the Council aonrnved the cubiect AZ reuuect as ummarv of City Cn uncil Public Hearine: i ' L In favor: Becky s Representative; Lnuann .ian cek McKay. Annlicant iL In onnnsitinn: N one ail, Commentinn: Nn ne Ten Mile Annexation AZ-I I-001 PAGE 1 EXHIBIT A R t ti A li ' lY. Written testimony: Re s epresen a ve cky McKav. pp cant Y, Staff presentint= appli cation: Sonva Wafters Yi. Other staff commenti ng on aoolicatinn: Caleb Hood ¢, >~,y issues of Discussion b y Council: j, The rrm~irement for r ectrirtinnc nn the ei~e of bpildip¢ fOOIDrIntS In the C-(' 7ppiptr district e_, . Kev Council Chances to C taff/Commission Recommendation L_ Remove the restrictio maximum buildine fo n on each of the development aereements repardin¢ the otprint allowed in the C-C zoning district. III. 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 '/a mile south of W. Franklin Road on the west side of Ten Mile, in the east'/z of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 12l 5131200; 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 Meridian, ID 83642 Ten Mile Annexation AZ-l I-001 PAGE 2 EXHIBIT A 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(City Council) 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-OS-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. • 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. Ten Mile Annexation AZ-l I-OOI PAGE 3 EXHIBIT A D. Utilities: I. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject properly. 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: I. Canals/Ditches Irrigation: The Purdam Drain bisects the northern pazcel (Janicek's property) and extends to Ten Mile Road across the northern 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. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properly is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area 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 (MIIDR), 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 properly (northern 80.62 acre pazcel): 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 properly (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. 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. Ten Mile Annexation AZ-I 1-001 PAGE 4 EXHIBIT A 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.Cfor 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 TMISAP for more information.) The FL UM 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-1 S 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 round 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-I5, 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 an this portion of the site should 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 FLUMdesignates 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-1 S & R-40. 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 townhouse dwellings -all essential uses in the MUR category which focuses on residential uses. Ten Mile Annexation AZ-I 1-001 PAGE 5 EXHIBIT A Vertically integrated residential projects are principally permitted in the C-G district. Office, employment and commercial areas in the C-G district are not limited 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 uses 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 maximum building height in the TN-C district is 45 feet and the maximum building footprint is 20, 000 square feet; however, other than retail, all other uses may 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 uses 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. MilC: 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 pedesttian- oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of I.00-1.25 or more. The MUC designation calls for an overall target density of 8-12 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 FLUMdesignates 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 permitted uses in the district but requires conditional use approval of multi family developments and prohibits single family attached residential uses -important components of MUC 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 permitted 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 far all of the MUC designated area north of the '/z mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see Exhibit A.2). (Note: There is small strip of land at the southwest corner of the .Ianicek property that is between the subject property and the road that is zoned C-C. 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.) Ten Mile Annexation AZ-1 I-001 PAGE 6 EXHIBIT A The C-C district is very similar to the C-G district in that it allows (& prohibits) all of the same uses 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 district 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 configuration 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. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for lazge 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 azeas 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 FLUMdesignates approximately 30.14 acres on this site far 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, restaurants, 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 under 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 full 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 maximum building height in the H-E district 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 uses 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. 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, Ten Mile Annexation AZ-11-001 PAGE 7 EXHIBIT A 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 FLUMdesignates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile 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, commercial, 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 planning 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. Afrer 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, 201 I prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated Mazch 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 aze 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 ACHD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Inselman, ACHD, also issued a letter dated Mazch 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). In summary, ACHD 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 ACHD standards & would be approved; the direct access to Ten Mile Road via the Fedrizzi property does not conform to ACHD standazds & would not be considered -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 ACHD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACHD will withhold Ten Mile Annexation AZ-1 I-001 PAGE 8 EXHIBIT A 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 pazcels 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. Recommendations 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 in accord with the TMISAP (see MUR above). A strong pedestrian- oriented focus is essential in this area. HDE: 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 wild 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 other properties 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 corridors, 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 ident~ 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 in the TMISAP and found it to be consistent with the plan. The City, along with ACHD, has provided a response to the Ten Mile Interchange Commercial Traffic Analysis (see Exhibit A for more information). Ten Mile Annexation AZ-ll-001 PAGE 9 EXHIBIT A • 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 contribute to the goal ofproviding neighborhood connectivity through the Ciry's pathway system. • Support a vaziety 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 southern 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 subject property and is a year round waterway. This waterway will remain open but will be piped at vehicular 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 land 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 staff 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 (UDC) (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 (UDC 11-2B-1). • The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects 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). B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and Ten Mile Annexation AZ-I L001 PAGE 10 EXHIBIT A 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 the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the TN- C zoning district. Any use not 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-9Cand Table 11-2B-3. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-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 buffers 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 include landscape requirements for street buffers 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 11-3C-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 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 Ten Mile Annexation AZ-ll-001 PAGE 11 EXHIBIT A 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 for 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 would also be reguired 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 Commission 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 property that are consistent with ACHD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning 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 Mile Mnexation AZ-I I-001 PAGE l2 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Page 2 EXHIBIT A 2. Zoning Approved 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-~.~ ~~~1~ March iA, 2axl l h2r. Gaey Insclrnan Ada County Highway District 3775 rstlains Slreul Gardetr City, ID $371a Sl-i3JF4"I: Tli'[3 h1[LE 1NTEItCHANGE 1VEST ACCL•95 ANAYLSIS Dear pary': Mayor YammydcV/eerd Slay reuncil Memberz: Keith t3lzd @rad Hcaglun Charle3 noantree pavld Zaremba 77ris is in rcaponsc fo the Ten h1Fle Iu[erchangc Commercial Traffic Analysis doted Fehmnry' 15, 2t71 ] by na9tie Engineetvrg. City of h[urdion }Hazuthig and Publip W'orJrs staff have nevic+vcd the analysis, proposed right aFway aliExlmtenls sad accesses far consistency with ihc'1'en ivlFle [ntetahartgu SpeciSc tlrca Pllm {TMISAp}. to the sbscncc of spcci~c development pltens we are ht gcnctaI tege?~maat with the underlying assumptions pftkte sntdy :utd some of the ptnposed access points. We nm vt'Ihe nputian that it world by bunelloial to wait nnlil spevif c development plans are proposed tv determine other accesses. 1Ve recognize that i]tc analysis is anrreMly based on tLtc adppted land use desiPllatians p['dra TiVIIS,4P evrat Ihough klro precise Mend uses are noC identified, Wehilc the FAR ernpluyed in the aru~tlpsis (.51}) is lower than anticipated in the TM]S,4P it seetns reasonable 5-nce the recummeuded PAIts hi the plan dp rat recount for road rights of cony and alleys. Thery, we are in general sgrcemen¢ wilt the assumpticns Will. regard to the proposed auuesses, we recogtize and support Ilee District's poCicy vF identifying access; at the Bute o£dcvelopaerentepplicationand appreciate the District"s t7axibiJity in eeviewhig the pnaptwed recesses and rfighi of way uliynrtents in this unique stluatiua-13ased vu per review of the anslpsis and the proposed accesses oar cmmnents are dhectcd to specific areas on the attached mop widr corruspuaediug emexecric lauds; . Wi. defer to the DlnirlCt oo lha Ivcnlimt uEtbe access to the wes4 side uf'[en h(ilc Rnad drat would be treated un the north portfvv nFlJte Iareicek property ar the snuck portion of the Cttmey property, (1J • APProvnl of the accesses proposed Far the north and north.'svuth wllectors should be dePcrrcd uati] a specific development plan is prpppsud in order to dclunuGte the precasc lacalian and fimciivnnhty, (~) Pklnning Department . 93 E. Broa6N'ay, fAendian, tD dSS3A2 Phone 2d9•a9A-S53$ . FeK a4B-988-na5-0 a w~N4'.m4fidi?neily.ori] Exhibit C Page 5 EXHIBIT A h[r. Oaq~ Inselroau Page Z The dieect access from the Fedeizzi property to Ten Milc Road should be ]Invited to "emergency only' until such lime as other aeoeSS tc that property can he achieved. The proposed driverv¢y access to the 1'cdrir~i property on the narthsouth calleo[or should he approved. (3} Dro the south side of the south collector road we recommend that firsk right in-right out krest oCTen Mile Road be approved ¢s ts•el] as [be ]eEt inl right in-right ontfocated to the vmst of that access. (d) We are of the opinion Thal the acccs~ located on the wrstem edge of the SI1V property be ¢ppraved in concert with a specific development proposal and consideration be given to locating [t on the common property line wllk Mcridian.11R. {S7 • On the notfh side of the south collector wd recommend that approval of the scces's inmiedia[ely east afthe eouudahout (+Q and tt~ommend that action on the other tWp be deferred (~ until a specific development application is Candored For consideratioa~lu addition we are unsure of the necessity of the ]eit in taming movement as proposed For- ihcmiddleaccess. (8) ~~;~i ~.•: 17tmik you Cix consideration of our comments. Please [eel fsee In cttll of you have any questions or avoid like to meet to discuss the proposed alignmrnts. ~• lY. O 7c E'ri~edm1aly r1ICP Deputy Direelnr Cc Anna Canning . , Becky 1vfeKay Pal Dohic Tim L"arras _ r e-0Q~ ~ "~ ~ 1 ~ ~u~a e'~'3. i, ~,y, ~ , ~ ~,;; ~~ ,~ l'J'matla~ _ ~ EV `'_ .is~1..~ j ~r____a ' r~~ ~.. ~©V i ~ Ali ~~~;. ~~~ a v ~eam~ ~ - _ ' Emergency access only if Access should be moved ~ ~. '""°""°' -~; t, - approved by ACI-ID to the property line '~`~ _ ~ ~,~,~.o, , ~ -- _ _~:=ate. , ~~ Exhibit C Page 6 EXHIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACI-ID + ~~~~~ ~ ___ _ - - _ - _ Rebecca Y!o Rrr~a~d, rr~kren[ l01'Ti 5. Fan+len, VrtE Prerkle'~t Carol ti. Mdeee, Ccmratsbner ~oewr~~s+`~=1 c+ +{~.~~ SSra M. esker, Gamr~ce;anc 4~vld L Case, Cnmmts:ane' March 17, 2011 Becky McKay Engineering Satutions, LLP i(l~J Pi. Rosario Street, Suite 1 Od Meridian, Idahq E33G+12 pt~: Ten tlWllle lnkerehange west access Anakysi5 f7ear gae}4y; AGHfi ti~as reuleewed khe Teohntcatl Memarandttnt IMemo) From t7at51e Englneerlru-}, bno. dated February 15, 2Qf 1 which you hand dellwered ad our meaking on Marcia 2, 247'11. Concurrent with our review of the traffic analysis, AGHQ requested the City of Meridian review and verify the land use assumptions. Enclosed Is the City of Meridian letter dated March d4, 21111 verifying general agreemenk with the land use assulm ptians as wr7ll as coanmanta on Ih+? propasmd access points. The lulerrlo referan~d using tnFarrnalicn from t6te Losohner Study for khie Teri Mile Interchange as well as the study prepared by HQR. Please provide cnplas aF the rel®vant sections fram tl7ese studies Fram which the infonnation rues ahtained. The Mema also references Appendix f4, B and G. These were net Inolsided In the subrniktal. Please provi+Ie a copy of the aF7pendiees, ACHm offers the fallowing cammenfs an the proposed access paints absent the infarmakron requested ak7awe. Far cansiskQa'tcy of review isf the Commenks k viii uillize the numeric laf~els from the City's letter and attached Inap: The n~7rkh =access road {1} lacaked on khe south purltorl of the Carney property Is Hsied as a new signalized intersacEtan in the Memo. A signal has nok tsaen approved at this laaatton by ACHE and whll not lte considered at this time. None at the information and data submitted to date fram any sourr_.a has Indicated the need to signa}'I~e this f~itl~re Intersaclkon. Rawsa the Memo to remove the oonsidaration of a signal at this location. + The proposed Gacatians Far the accesses an the north cnlleetor and t:he IiarthJsauth a511eatar 12) generally canfarm fa AGH^ policy as proposed and ruauld 6e approued. TrLe proposed direct access to Ten Mile f#oati feom Ilse F-edrizzl parcel f3} wez last ahcwrv as eri emergency access only. There is na tixplanatlon as to why the proposal new includes a direct access to Ten Mice Etaad. Thais access d¢>zs not canfarm to AGHC7 policy and will Trot be considers 3. The access ka tfle skreet at tF~e west side of the pa?cel canfor±irs tv ACHQ policy and would f7e approved. = The proposed access point locattaris an the sautli oollector Q4, 5, 6, 7, antt ~p generally conform to ACHE] policy, ACHD will wlthlrold oonlm?nk on the funcklon arm aeration of the accesses until the infarrnatian requested above has been prawlded. Tare proposed rlgtltof-svay layout appears to be sufficient far Cite proposed roadways. t waulst suggest a moe® detailed review of t}x required righk-aF-way for the vaelaus roadway seem®nls with bath ACHt7 and the City of Moridian before legal descriptions are prepared. P,da faurcy Higfnvaq Qistrict • 3715 A.d,ims Streck =Garden City. 10 +8371.1 = PH 4211eY 347-511N1 • F%387-G39d =vnrv,xhtl.YJa.id.us Exhibit C Page 1 EXHIBIT A Rs w2 d%gpussed, approval of any access paints wilt be conGingenl upon the parcels develolaing consiske~u# with the land use a~sG~mptir~ng whin tN® Ten M61~a Inkerchange Specific F1r+~e 6'~xn and are subject to change ar niadfiadlidn 6f the propcsec Is~nd uses andf4r traffic oondificons change in the futur®. AIG Future deuelapanent of t percale wilt be sugJeot to the .4CtitJ paElcy In eESact ®413~e tlrrf8 ltie applucati6n is receiaed !by ,P.CHI?. if you Nave any questiane. you may cnnta~l ma ak Sa7-617Q, slne~+rely, ~' - f, - - T.. Gary Insalnian A1lamager, fiigh~t-af-laJaysnd I~euetopment Sertioes EMalasuFe; Gaty of hterldfan letter dated Marsh 14, a041 Co; Pete Friedman, Cily oft INersdian Pet Lhakie 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 (-) 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 south 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 construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the easUwest collector road may be three (3) stories. ti n,r ~6r ,. P..:...:., «..,,... ~ .w,.......«a ~~n nnn) ..~ .....e t o.. ti,....e..e. ,..tie.. .w.... ~, 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. I. 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 Deparhnent. 10. The agricultural use of the property may continue until such time as the properly 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. a, t„r..~:.,....., 1...:u•.,,. c ,...._:..« :.. «...,..,... «1.,.........,1 /nn nnm n,..,n.n r o.. I,,..,,o.,o~,_,H,°..~"„ • r ~ ..«..:1 ..I1 ,.«6..« ....o..... . 1.....11,....,..1 .. F ..«««:..t ,.F ....Horn. 4l. n.. «..,n..~., «6...,on...1 /7n11nN resmr,-arr-ocxxcra.vco-avvTov-caavvrcan-iovrprxxxc-orgrvacc................~ .......~.«... ~.....,., .,~ ,. F ,.« «l. «......1. «1.H .. «.1:«:H..HI . ».:« ...Hnnn n,...n. ,. .nn ..H. ........,.....8 ............................... ~......... ,...,.....,... 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 subject 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 & H-E: I. 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 shat l 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 may be 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. n,r w •ia• r ...,,...«...~.,.....,..,a inn nnm r . w,...,,..,o. ,..w,._ «w.... •i ii w t ii .,.a ., c ,....: ... ,.r ,...,...e«.t,.,., ti.,o...., .u,....,....a ~~n 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 south 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 Deparhnent 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 Decetnber 22, 201 ] IlCSLRIP7TON F4R FCI}RILL[ TFN I4IILL~ LLC PR4P45Ell 4'-C ZllNlf+lC~ A parcel of land located in the NE °!i of Ike SC %i nf:i~tkon I5, T.3N., IL I W., B.9vf., Ada Catuity, Naha, more purl"ocularly described as Hollows; Commencing ao She northeast earner ofthe SE 11~I (dre East'/~ comer of siiirl Seetian I S), the I{It1L FOINT QF B'EGINNING u1-7liis cl~scrip4aon, frorrt which Slte Southeast corner of said Sactittn lS taears Sautlt bf]"30'43" West, 2Fi59.4fi feet; Thence South UU"34"U:;" ~4`est,'~7$,tril Feet along the east line afithe NE Y~ oe-the SC Y to a point, 'Ghencc North B'1°l~#'44" LVest, 13[](7;Up t'eet parallel with tl>,e north line of tha NE %, ofthe iiE'I+ to a p~~iai; Thence North 44°34'0:]" Gust, 27$-40 Fee# parallel +vith tlee east line of the NE'fi al'ttoe SC Y, to W paint an the notch line of the TE ri of the SL= '1.,; `Ghcncr South $'J° I~}'4~I" bast, iIS14.Od feet along the north line of the NE 'fa of the S~ S~. to the PCIIN`I' C71' L3)CiINNiNU. Containing 5. l l act'es, mote oC less. 40.1181EEDkt2Zl (C-C_1_I3CS.f?f?C' Exhibit C Page 7 EXHIBIT A 7ecenther 2"?', zUl 1 p)'nSGlill'TIOY TC1R ,I.tNIC`EK PftOPCftTIE9 LLC I~I~~ros~n c-c zt?rnNC~ d p¢lcel of hied lacnted in the NE ~, oF$ectiata l5, T.3N., ft.I W., B.avi., Ads County, Idaho, more parltcularly described as fnplnws: Gnmmenciug ¢t the southeast corner of else NE II4 [the East '!i corner} aFsaid Section 1S, the ItLAL PC11NT OT F3I;~INNING ofihis description, fracn +vhieh the Northeast comer of said Section 15 bears North 00°31"3&" E¢st. 2658.23 feet; Thence North 89° I~I'44" Well, 17#5.,19 feet srlang the south line of the NE'f+ to at paial; Thence North DO°45' 16" East, 56.571's,~el to s paunl; 'thence North 2sl°45`24'° W`esl, I 15.33 Feel to s paint; Thence North l6°29'52" 4V'est, 98.83 feel to n paint; `Thence Nnrtlt 04° 14'44" West, 80.41 Feet ka a point of cun~ature; Thence 342.50 Fact along a curve to the right, slid curve having a central nntle oF20°26°07", a ntdius aF965.OD feel, and a long chord which bears Nartla U5'S5'?0" Earl, X40.70 feel to a paint of averse curvature; T]tence 44+J,41 feet along a cnrve to dte left, s¢id cw~ve having a central ancle of 24'~i'>3}", ¢ radius at' iU35.00 feet, and. s lung chord cvltich hems North 03'39'l11" Fast, 4~Fs.84 feet la a paint nF reverse curvature; Thence 187:93 feel along a cun'a to the riglt4 said curve le,xc~irlg a central anitle of D1° l~l'33", n radius aF 1165.001ec4 and s tang chutel which bears North 04°10"U3" 1Vesl, 187.72 ['eel la a paint. of tangent}; Th°-~uc Rlarlla QQ°?~' 13" E,tvi, 2159 Fccl to a point uu the rimrth liar al' the SLV ! . of the. NE'fy Thence Smnh 89° l5'05" East, 4G4.Ofi feet smug the aurUr Bins aP the SSV ;/a aF the NE 'ri to the nordueast comer of the SVJ '!, of the NE Ya; l'hettee ~auth 8'I" l5'U's" E:tyt, l3?f} 97 feet tllnnb tlta Hurtle hate c,Fthe SE 'J, aF the NE'!. ka llx northeast comer oFtlre SE'.b aFthe NE !~: Thence South 00°33'38" West, 1329.1 l Feet along the east line oFthe SE'J~ aFdae NE ;~, to the Pt_1[NT QF BECINNiNt;, Cantainine 34_GG acres. mare or less. 7a~41 R'JANICE K (C-C j_GFS_GOC Exhibit C Page 8 EXHIBIT A Fkecenrher 22, 20l dESLRIPTIOIV I?OR JANIC)CK PRCIPEI~TI1rS LLC Pgi_11'OSP.17 I fY-L' 2QN1NG A ptlrcel of land Iouated in the NE la oFSectian l5, T3N., f{.1L4'., I~,HI., Ada Ccxunly, hipho, more particularly dcsdribcd as falic~EVS. f:+}ninteucltt~ at dire snutldeast cnrnzr nFthe NE }fd (tire East !%n cr}rner) nF said Section 15, Frorn tv[nich the Ncrlhcasl corner tal`ssuicl Set:lion IS hems NOrdh OU°13'313" Epsd, 2d5ES,?3 feet; Thence Nr~rtlt 89° l~l`~1~4" ~Vesl, I7~F5.49 Feet pluttg dhe sn~utlt lute nfthe NF '/. to t7ie 13L,AL PI31NT (b_F BFd'.I;VNING nFthis description; Thence North 89° l~'~14" L4'est, 847.fa9 feel plrang s'tiitl south Tine do the sOud}ttvest ca}rraer rrl'the S1V !J~ nl`lhe s1E °(•i [the C'etldzr'l, cnt?~ernfsaid Seetiou 151; 1-hence North fl4°3G'S1'" East, 1328.8 Pscl plctng the Fwesd lkne i"f lha S'4ti' ;l+ ul'the NL'. '.e-0 u} d}te mardhu'est corner of the. SiV r: of t7te NE l fd; Thence South 84° B 5'OS'" Eas'l, 851.~)U leer plortg rite ne~rdh line of fhe SW` °ES c,_t'tlte NE 'l. to a point; 1'henee South f)0'?7' l:3" W'est, ? l , 59 Feet to a paint of curvtture; Thetdce 1 t;~,93 feat along a curve to the left, said curve htnving p central tut~le oFf79°l ^I'3_'*", p radius mf 1 hG5.C10 Feet, and a long chord tvhickt Ireprs fiouild f14~10'CJ3" East, I R~.~? feet #ej a point of reversa curvattu~e; Thcnse ~7~k?.~31 leer plurt~~, p eurG•e 4n t7te rialri, said curve having a central angle of 24°52'43", a mdius of [ 635.d1~6 fact, and a long- cliortl t~'hlch tYertes South f]3°39'U t" 5~4`est, ~~k5.$) feet tee p ~ulttd ref me•r:rst: curvature; Thence 3&?.Sf~ leer nltrng a curve to tha left, ypiik fni~°e htivtnt a central ar-igle of 2t7°_0`d7", a rt,diu~ oF~1G5.Q1) feed, and n la}n~ chaed Frhach 6esu:; Se~uth f7$"55"?[1"'vV~-;t, S•t G,7u] I'~t der q ~r,int €,f tan~e7iCV; Tluncc South L2T°Id'44" 13trst, E3E}.93 feet to ri pninrt; Thence Souilt l6°39'52" East, 98.83 Fcct In tt point; Thence Sordh 2~I°4S'2=1" Etrsi, l 15...+5 feet do a poirtl; 'Cl:ence South f7i}"45'16" L4'est, 56.57 feet eo the PtJRVT t7C BF.GINN}fN[J. Cnntairding 25 ~)6 acres, mare or less- !M¢IRUe1NtCF.K QTN-C) DPS.F]f7C Exhibit C Page 9 EXHIBIT A -ccen~her 22, gal 1 IICSGIt[I'`'T[()9! lxQli SJJV LLC FItOI'OSCU C'-C ~4NING A parcel of ]amd laeuteel in the NE 'L, nFtlre SE '!.~ of Section 15, T.3N., R. f'N, B.iw[., Ada County, Idaho, more particularly deseri6ed ax Fo11U5v~J: i'umrnencing at the tsottheast I:orpter nFthe SE V!d {the Enst'/•i comer [rFsaiti S~lirary ld}, Pmnt which the Snutlteast wmeraC'said 3ectocm l5 bears :letttl? QO° s9'0~" Nest, 2GS9.~46 Feet; T'lteuee North $~J° 14'4" West, Ftt]i].110 Feet along the north line aF the NE 'Ja nF th4 yE i:, to the RCAL I't71N'C OF BEGINNING of lhis deseriptic~c; Thence Smtth 90°30'@3" West, 1 G7.9'I feet pat'allel with the east line of the NE SF, aF the SE'a'n l0 S point; Thence North 89°29'5?" Wcst, SS.aGJ f«t lu a paint. of ctuwature; Thc;ncc 179.?~ feet aVon~ a euwve to the lets, said cwwe having a central angle uF ~7l° 11'29", to radio, of 25t7.Otl Feet, and a long chord rovhiclr bears South b9°54' l y"'[Vest 175.89 t'eet to a point of tan~enc} Thence S ~l9' 18'14" Wcst, 195.51 Feet [a a p,~int of curvanan; Thence I?032 l'cct along a curz'e to the right, said cu~~e 1>.3~~ing a central angle of 19°[72'[19 ",.a radius 7~f 25(1.t7i] Feet, and a long chord to•hich bcsrn South Fib°T9'34" west, 16a.b~l Feet to a paint an the west lute ul`the Nf % of the SE. 1l4; Thence North i7o°31'27" linst, X122.55 Feet along the west Line ot- [he NE',', aF the SE 'r.S to the ttardt~v'est corner of the NE !ia oFthe SE Y~, T17e-ace South &9'1°t'+1~1' East, 521,9 t`ert alotrog $roe nort9t Iiu7e nFthe NE !f, nFthe 3E °/a to the FD1NT OP 3EQINNINCI. t'.Ilntalriny' 1,35 ~4`I'9A, nl[rl'e Or leis. 40A I SLSJl V (C-C}_D&5-L7C1C Exhibit C Page 10 EXHIBIT A ~ecemher 22.201 I 13c~cRlrrlaly hc~a SJ.N LLC PROPaSEll 41-1_, _7,aiYliYt A parcel of lnrtil located in tlse TPE'l; of the SE '!< vF Section 15, T.3N., R.I W'., B.h1„ ~hda Gaunty, Idaho, more parlicldur[y tlescrihetl 0s' fallou~s; Carnanelacinp, at dlre northeast corner aF the SE ]t4 (the Easi /~ corner aTsaid Section I s}, from which $118 SOUtliC85t CURIer of Sald Sa:ohan I } ll['21r5 Soadh 0d°30'G3" l~rest, 2659.46 feet; 'Thence South 00"3U"03" 1Vzst, 278.x0 feet a[olug dhc ettst Iunc of the NE'll aFdhe 3E !/, to the REAL POINT` 0[' DCCINNING ati this tlescriptinn; Thence South 0[]°tl0'03" 5I+'est, 73G.74 t'2et a¢on~ the east litre of the NE 'lk aF the SE r± to a point; Thence Narth S4°34'0&" 14'cst, 233.31 Cent to It point on the nordherly rigku-of-u'a}~ of lutersTnl~ S-P; Thence alnn( the s.•aid nortllerlp~ right-vfw:ty the FaVlvw~ng courses and dist:tnccs; Tltenec South X47°33'05" West, l t7?1A9 feed; 'thence South 66°54`3U" N'es¢, 1 t1S.73 feet; Tluacc Sautlt 80°+?sl'21"l~+asd, 15iJ.16 Cee:; '1-hence Sowdh 7S"i)1'l3" ~~est, ]3{1.69 Feet; Thence Snudlt 79°i4'2G" 14'est, 177.77 feed; Thence Saudla SQL°AG'3R" West, lt_2,7? fa ei; Thence Sawth 88`'47'©i" W'esi, 108.?8 feet to a paint an the west line vt' the NE 4`I of the SE I11; 1'hedtes leaving sniff nnrtheriy right of way Mnrt9t 60°33"7" Eat, 87(1.78 t~~t a9cnr the west line of dltc NE 'fl al'dhc SE 'L~ to kl paint an a curve; Thence 17ti.32 Feet along a curvy to she lefa, said curve having a central angla vF 39°02'01 ", a radius of 2ifl,tlil Feet, and a long chard which hears North [i3"49'34" East, 11i7.0a feet to a pains of tangency; Thence North 649°1$`34'° E sd. 195,5 V feed to a Zronl of curwahut•; TIIL1lL'e 179,73 Fv'et alon~<I CI-C'.'l` to tl:c I'Itllt, 9x111 CIII'VC h.aVlt1~ a CCntnll t1n~14- ol'l l°l I'29", !1 rtrdius of?5t}.00 Teel, Arad a lonb eianrd which hears North G9°54' 19" East, l7i_89 feat to a paint of lmrgeney; Tlrcnca Saulh $9°29'57" fast, SS.Od] feet to a1 paint; 90M1 I &~:SJJ V (}I-L-}_DES.~OC Exhibit C Page EXHIBIT A 7fience Sunth 04°34'43" Vv'est, l 10,49 feet, p:irsllol tiviah the ea3t hire of the NC % of the SE S: to a pnunt, Thence Sauth 89°t d"A4n' EY7st, 844,44 t`eet ~larallel wide dte tx~rth Iilue ^F die NE- '!~ of [he SE h to the Pt7[NT C}C L3C[ifNNlTvt[i. Containing 2,17 acres, more or 9css. ~I~I _ I -~- ~ 'U-~-I-I I I I I I = 'I I 1 /..n[, a ~ t~ nE W KI/[ 1 I 7J \~L ^a X Pr6FMS 1 [t lawn mee ucl r \ - -~i al Ili ILL'S\(\~) 1. ' II'! I !'f~ a\ I I . I ~' LEGENO 10N axx~mmm~aue ~ j wq'a®mc>mran o I .revs mora~ua s ~~ Oil mwACm mwm®oezam g i nwoµ °un j~ r. ,,. W,,. ~ u.,,~, x[I/. @' - _--~ = ne.w a.l.~ ~~~'i V m~uWrt i[M/a.w'Li %ly Ful `u'~,i ~o49%uflW ~ uiC ~a1n`V~=~ ,n~n~. cuxvE rnelc ~ ~8, -} .x~-- / 1 urv~rrm®~ueuc pI '~iH ~~ ,~. w,cs /EO.OG HIQO ~!M ~ ~: EMN]~`i IrtM Y,6MW I ~ °°e ~ C~nam "`° a t I - ulNiu~-'~ q~' BLMEIL` ~ 6I PIpF~II'EYMO .~IIy ~ ~ I annum ad INRMW i,e Yq $ ~ - - - __-- .I. _._._ ~r.s..-._._.-.-:~~~ ~ Mmmnnrta ~_ ~~ ~~_~ - _..anvut_~n. ..a e.. p i i ',aGl ~ ate. ~ i ~ pMAP I 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 (IIDC 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