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Janicek Properties Ten Mile AZ 11-001ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 44 BOISE IDAHO 07/25112 02:00 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIII'lllllllll IIIIIIII I III flECORDED-REQUEST OF Meridian Ciry i 1207316 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Janicek Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this •2.~ day of _~~~~~ , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Janicek Properties, LLC, 270 E. Connemara Lane, 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, LC. § 67-6511A, 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) and TN-C (Traditional Neighborhood Center 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 subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-7nNiceKPxorcxnes,LLC(AZll-001) PACElOF12 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & 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 7r' day of February, 2012, has approved the Findings of Fact and Conclusions ofLaw 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 ofthe 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 ofMeridian 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 are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT-JnN~ceK PROaeaT~rs, LLC (AZ II-0 DI) PACE20F 12 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Janicek Properties, LLC, whose address is 270 E Connemara Lane, 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) and TN-C (Traditional Neighborhood Center District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS 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 and § 11-2D-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the applicable zone by any future amendment of the UDC shall be allowed on the Property. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 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 ofthe 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, 201 1, attached as Exhibit B of the Staff Report. DEVELOPMENT AGREEMENT-JAN~cex PROeeanes, LLC (AZ II-0Oq PAOe30F 12 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. e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of20 units per acre. DEVELOPMENT AGREEMENT-J~N~ceKPaoaeaT[ES, LLC (AZ II-001) PncE40F 12 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 maybe three (3) stories. h. Buildings built to the edge of public rights of way. i. Buildings designed to "hold corners" rather than parking lots. j. Integration of plaza, pocket parks and other public spaces in site design. k. 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 instal] 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 ofMeridian'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 and approved by Nampa & Meridian Irrigation District. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT-JnwceK Peoeeanrs, LLC (AZ l1-Ol)l) PnaE50F 12 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners ofthe Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt ofwritten 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 ofany 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 ofthe 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 consented to modification ofthis Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer 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 maybe 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 ofany covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT-J~aN~cEKPaoveanes, LLC (AZ II-ODI) Pnce60F 12 7.5 Waiver. A waiver by Ciry of any default by Owner/Developer of any one or more ofthe 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/Developer shall, immediately upon completion of any portion or the entirety of said development ofthe Properly as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the Ciry shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. l 1. 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 Ciry Code § 11-5-C, to insure that installation ofthe improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. 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 ofLaw, this Development Agreement, and the Ordinances of the Ciry of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT-Jau~ceKPeorear~es, LLC (AZ II-001) Pnce70F 12 CITY: Ciry Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney Ciry of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements ofthis section. I5. 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 competentjurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be bindingupon 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 of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe 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 Owner/Developer, to execute appropriate and recordable evidence of termination ofthis Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: Ifany provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this DEVELOPMENT AGREEMENT - JANICEK PeoreaT~es, LCC (AZ 11-001) Pace 8 OF 12 Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developeravd City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning ofthe 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. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMEN'C-SAmceK PxoreRTiFS, LLC (AZ II-0 QI) PACa90E 12 ACKNOWLEDGMENTS IN W ITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. JANICEK PROPERTIES, LLC By: BraTJa ' ,Member JANICEK PROPERTIES, LLC By: L uAnn Ja 'cek-Rhode, Member CITY OF MERIDIAN By: i G~-c~~~~J~ Mayor T y de Weerd DEVELOPMENT AGREEMENT-lamceK Peorerzrirs, LLC (AZ 11-OOq PAGE 10 OF 12 STATE OF IDAHO, ) ss County of Ada ) On this ~ day of~_, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared BRAD JANICEK known or identified to me to be a member of Janicek Properties, LLC who executed the agreement on behalf of said 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. ,•JJ P .••.......•.~9 (SEAL) :•••~OTARJ-•; • ~.~ e , • ,p :' UB LIG ; Notary ublic/f~o~r Idaho Residing at: ~/ 1 My Commission Expires: STATE OF IDAHO, ) ss County of Ada ) On this ("~ ' day of u'~ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared LOUANN JANICEK-RHODE known or identified to me to be a member of Janicek Properties, LLC who executed the agreement on behalf of said LLC, and acknowledged to me that she 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. ,~•..~` •••••.....••fl , 9 (SEAL) ~~ 1.1oTgRr •Z ~.~ S :N•;AUBLtC ;• . ~ ••. : • ~'•~'9T~••.....•• ~O •: ~ `-' Notary P blic for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-J~N[ceKPeoreaT~es, LLC (AZ II-OQI) Pace II OF 12 STATE OF IDAHO ) County of Ada ss On this 24 day of , 2012, before me, a Notary Public, personally appeared Tammy de Weerd an Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, ofthe City ofMeridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 51CT aR~'~'' (SEAL) . ~j ~'p ~ ;cP `, .5~~ ~; . G ~ o• ntlBS.ti 'Q`Z`. '~~''~'rF of ;~•• ,. NotdYy Publi~~ Residing at: MerrdtAvt I~ Commission expires: ~~cvn C/ , afll [1 DEVELOPMENT AGREEMENT-7nN~ceKPROaesrms, LLC (AZ 11-0 D1) P~aa 120F 12 December 22, 2011 DESCRIPTION FOR JANICEK PROPERTIES LLC PROPOSED C-C ZONING A parcel of land located in the NE'/a of Section I5, T.3N., R.1 W:, B.M., Ada County, Idaho; more particularly described as follows: Commencing at the southeast wrner of the NE 1/4 (the East''/a corner) of said Section 1 S, the REAL PODVT OF BEGINNING of this description, from which the Northeast comer of said Section 15 beazs North 00°33'38" East, 2658.23 feet; Thence North 89° 14'44" West, 1745.49 feet along the south line of the NE % to a point; Thence North 00°4S' 16" East, S6.S7 feet to a point; Thence North 24°45'24" West, 115,33 feet to a point; Thence North 16°24'52" West, 98.83 feetto a point; Thence North 04° 14'44" West, 80.93 feet to a point of curvature; Thence 342.50 feet along a curve to the right, said curve having a central angle of 20°20'07" radius of 965.00 feat, aad a long chord which beazs North OS°SS'20"East, 340.70 feet to a point of reverse curvature; Thence 449.41 feet along a curve to the left, said curve having a ceatral eagle of 24°S2'43", a radius of 1035.00 feet, and a long chord which bears North 03°39'01" East, 445.89 feet to a point of reverse curvature; Thence 187.93 feet along a curve to the right, said curve having a central angle of 09°14'33", a radius of 1165.00 feet, and a long chord which beats North 04°10"03" West, 187.72 feet to a point of tangency; Thence Norih 00°27' 13"East, 21.59 feet to a point on the north line of the S W %. of the NE'/e; Thence South 89° 1 S'OS" East, 469,06 feet along the north line of the S W '/, of the NE'/. to the northeast corner ofthe S W %a of the NE ''/,; Thence South 89°15'OS" East, 1320.97 feet along the north line of the SE %, of the NE'/. to the northeast comer of [he SE %. of the NE %a; Thence South 00°33'38" West, 1329.t 1 feet along the east line of the SE'/a of the NB % to the POINT' OE BEGINNING. Containing 54.66 acres, more or less. gf=Vl ~1 PRdVAL BV __ ~~B ~ 4 2011 NAEIIdit~N PUBLIC 1~(dPt4Ya~ i~PT. 904L8VAMCEK (GC)_DES.DOC Decembet22, 2011 DESCRIPTION FOR dANICEK PROPERTIES LLC PROPOSED TN-C ZONING A parcel of land located in the NE'/s of Section I5, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described es follows: Commencing at the southeast comer of the NE 1/4 (the East %. comer) of said Section 15, from which the Northeast corner of said Section 15 bears North 00°33'38" East, 2658,23 feet; Thence North 89°14'44" West, 1745.49 fee[ along the south line of the NE %. to the REAL POWT OF BEGINNING of this description; Thence North 89°14'44" West, 897.69 feet along said south line to the southwest comer of the SW '/a of the NE '/. (the Center %x comer of said Section 15); Thence North 00°36'51" East, 1328.84 feet along the west line of the SW'/ of We NE'/, to the northwest comer of the S W '/a of the NE 114; Thence South 89° 15'05" East, 851.90 feet along the north line of the S W '/. of the NE %. to a point; Thonce Sauth 00°27' 13" West, 21.59 feet to a point of curvature; Thence 187.93 feetalong a curve to the left, said curve having a central angle of 09°14'33", a radius of 11(.5.00 Feet, and a long chord which bears South 04°10'03" Easy, 187.72 feet to a point eY reverse curvature; Thence 449.41 feet along a curve to the right, said crave having a central angle of 24°52'43", e radius of 1035.00 feet, and a long chord which beers South 03°39'01" West, 445.89 feet to a point of reverse curvature; Thence 342.50 feet alon8 a curve to the left, said calve having a cetrtral angle of 20°20'07", a radius of 965,00 feet; and a long chord which bears South US°55'20" West, 340J0 feet to a point of tangency; Thence South 04° 14'44" East, 80.93 feet to a point; Thence South 16°29'52" Eaat, 98.83 feet to a point; Thence South 24°45'24" East, 115.33 feet to a point; Thence South 00°45' 16" West, 56.57 feet to the POINT OF BEGINNING. Containing 25.96 acres, more or less. REVI ~ R~~- BY FEH 2 4 2012. M WORKS DEPT. C 90418VAN[C6K (TN-C)_DES.DOC EXHIBIT A STAFF REPORT Hearing Date: December 6, 2011 TO: Mayor & City Council E IDR~~~ FROM: Sonya Wafters, Associate City Planner l l) A B t) 208-884-5533 SUBJECT: AZ-11-001 -Ten Mile Annexation I. 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 ZO 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 Meridian Planning & Zoning Commission heard these items on July 21, and September 1, 2011 At the public hearine on September 19` the Commission moved to recommend denial of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay. Engineering Solutions ii. In oanosition: None iii. Commenting: Chris Penland iv. Written testimony: Brad Boe; Kevin Shreeve; Richard & Patsy Fedrizzi v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: Pete Friedman b. Kev Issue(sl of Discussion by Commission: i. The consistency of the aronosed C-G zoning in regard to the intent of the ii. The aparopriateness of C-G zoning directly adjacent to residential without a development plau (no transition in zoning/uses). c. Kev Commission Chanee(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on December 6 and 20.2011 and .Tanuarv 17. 2012 At the public hearine nn January 17.2012. the Council aonrnved the subject AZ request, a, Summary of Citv Council Public Hearin: L In favor• Becw Nr^u~., e,...r^ant°c Ren_rese_nt_at_i_vP_: T.onann.Tanicek ii. In opposition: None iii. Commentine: None Ten Mile Annexation AZ-11-001 PAGE 1 EXHIBIT A jy, Written testimony Be ckv McKav Anolicant'c Neo_recentative y, S aff or c ntin aonli cation: Snnva Wafters YL Other staff commenti ng nn aonlication: Caleb Nond It, Kev icsues of Discussion b y Council: y The reanirement for r estrictions nn the size of buildine fnotnrints in the C-C zonin¢ district ~, . Kew !'~nnc8 Chances to S taff/Commission Recommendation j, Remove the restrictio maximum building fo n nn each of the develoom .n a r m _n c r ardin the otprint allowed in the C-C znnine district. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, aspresented 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 1215131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, 1D 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-I 1-001 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 CounciA C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (City Council) D. Applicant posted notice on site(s) on: July 11, 2011 (Commission); September 24, 2011 (Gifu 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-l5 zoning consistent with the FLUM designation of MHDR. • Southridge 31 (AZ-08-016) -This property consists of 36.27 acres and was annexed with M- Ezoning consistent with the FLUM designation of ME. • Southridge (AZ-06-031, RZ-08-008, AZ-09-009) -This property consists of 300+ acres and is zoned R-2, R-4, R-8, TN-R, TN-C, L-O, C-C, and M-E and consistent with the FLUM designations of MDR, MHDR, MUG, PARK, CIVIC, and ME. • 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-11-OOl PAGE 3 EXHIBIT A D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Purdam Drain bisects the northern parcel (Janicek's property) and extends to Ten Mile Road across the northern portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not awaze 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 property 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 (PLUM) contained in the TMISAP collectively designates the subject properties for Medium High Density Residential (MHDR), Mixed Use Commercial (MUC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels aze broken down as follows: Janicek property (northern 80.62 acre parcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/- acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV property (southern 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C-G (General Retail and Service Commercial) zoning district. The C-G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center PLUM 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 PLUM 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 FLUM designates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent property to the north is zoned R-l5 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 weld 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 on 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. MUC: These azeas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. The goal in these azeas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MUC designation calls for an overall target density of 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 for all of the MUC designated area north of the % mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see ExhibitA.2). (Note: There is small strip of land at the southwest corner of the .Zanicek 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-ll-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 ExhibitA.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 large national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE areas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed I.O. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TM[ASP for more information.) The FLUMdesignates approximately 30.14 acres on this site for HDE uses. The applicantproposes 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 fold 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 Zimits 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 FLUM designates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast 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 Pdan 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 hallmazk 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 azea. 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 SJN property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future east/west collector streets. After discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 2011 prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated March 14, 2011 regarding his review, included in Exhibit A.3. In summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans are proposed. The access points that Staff is in general agreement with are circled in red on the map included in Mr. Friedman's letter (see Exhibit A.3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by 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 March 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). [n 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 standards & 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 parcels developing consistent with the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy in effect at the time the application is received by ACRD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. 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 will provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to 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-I I-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 of providing neighborhood connectivity through the City's pathway system. • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MHDR, MUR & MUC designated areas. The zoning proposed 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 wild 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 feeds 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 l ]-2D-I). B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and Ten Mile Annexation AZ-1 l-OOl PAGE l0 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 Il-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 L 1-3B-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. 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 reguirements 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 i 1-3C-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 ofoff-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-1 I-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 stafffeels 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 required to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the 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 mod cation 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 ACRD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning Approved 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 [nselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code Ten Mile Annexation AZ-I 1-001 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 Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director l ~r~I'tj March 14, 20[ L fufr. Gary Inselntan AJa County Flighu~ay L}isuict 3775 Adams $tcnut Garden City, IL} 83714 gt_7AJECT: ThIV ?MILE [h1TElti'd-I.aNGE tVEST rtCGLSS ANAYLSIS -car ~ar}'= hlaynr Tammy do Wcerd City Ca+rneil Members: Kei th tll.~d Brad Hoaglun Charles rtounnee ne'+Id Zaremba This is in rasponsc 1o Q,c Tcn 7v1iDe In[eechange Cvtnmeroial'frafi:ic Analysis dakcd February I5, ?ql 1 by 17ohie Engineering. City of tldcridian Platuthtg and Public 4Vnr~s staff have twvic,or~^d tha catalysis, proposed riehl afxvay aligimtcn@s and accesses far consistency tvilh the Ten ivlila huerchange Specuiic Aroa Plan (TM18Ap). In uhe abscnca of specific developm®nt plans sue are hi gcncml atgroement +v~ith the underlying nssuntpliona of the study and same of the ptoposctti access points.',Va nro of the opinion [trot it would 6o beoe["tcial to omit until speuil3c dcvclnlnns'.ni platys are proposed Co determine other accesses. wa recognize that the analysis is carreetly based on the adopted Innd use designalinns of the TDIISAP oven draugh ilte prccisc land usrs are cat ideniitled. W'hllo the FAR employed in kbu analysis (.51}) iy lower than anticipated in the Th'llS4P i4 seems reasonable sinus the rncurremended fiAPis in the plan do oat acwunt fm• road rights of cvay and alleys. Thus, werru in gcncml ngrccment with the assnmpiians 41 u0r ree~ard to the proposed aC4es5eS, the recognize and snppnrt the DistrccCs policy of identit'ying access at the time ofdevelopnncnt application and appreciate the ~isu'ict's t7e:tibility in reviewing tltc proposed r^nsses and right of essay aligsoatents ttu ibis unitLne situation- J3ased oa our review of the anal}sis and the proposed accesses oror emmnea[s are directed in specific areas on the atfaehe<1 onup with uorrexpundiag areruerlc labels'; Rte defer to the Uisirict on tlae {ncmion of the access to the wesfl side+ifTen htilc kuad ihn woatd he located ou tha norFlt portion of ihu Jaaicek ptvtgcriy t,r tl,e south portion of the Camey property 11} • APFroval of the accesses proposed for She north and nanhrsoulh eollertors should he deL'crrcd until a spuuiFc development plan 15 ptttposed in order to delerrrrine the pt,ecisc locatioat a[od ftmcliouahdy- {:,} PgnnlntJ Qep3rtment . 33 E=. QFOadway, Mlendian, ID 63fi42 Phone 2[}a•fll34-5533 . Fax 2a9-9Ba-ntt59. wMV,n`erldiencilr.orp Exhibit C Page 5 EXHIBIT A ivfr. Gary Inselman Page 2 The diree'.t aceyexs from the Fedrizzi property w Ten Milc Road should be limited to 4emcrgency only" until such tJma as other access to that property can laE achieved, The prop~cd drivenay acrxss m the Pedricti property an the narthsoutlt mmllectmr shnaRd be appmvmd. (3) - bn the smuttt side pF the south collector road we reeptnmend that First right in- right out wex[ mf Ten Milr Road be approved ms Seel] as the left inJ right in -right root Pocated to- the W+CSt aFthat ACCESS. ('t) R`e eve of the mpinimn that the access Rocflfed on the wa[enr edge mf the SIJV pmpeRy bE approved En concert with a specific developmetn proposml and consideration be given tm Ipcating it on the conunon prnperry line with Meridian 118. (+7 IJn [hp nanit side of the south eulReeiur the recommend tlvtt approval of the access immediately cast mf the roundabout (sC) and recommend that amfion on the utlu:r twq be deferred (7) M1lteti] a specific dcvclmpmeatt appficatimn is tenderEd fprconsidersvion: In addi Linn tuc ore unsure of the necessity of dse ]elt in ttaming mosement as pvmposed for the middle access, {g) .;~! ~~: Thank yav for ccrnideratinn oFmur cantmen[s. Plenat feel Free w call iF yeu have any questions or would like to mpeC to discuss the prmpoxed aliymmrnts. ~' l'~ O tc Fried'man, .4[C~~ Depui}•Director - Exhibit C Page 6 Cc Annfl Canning ~ &ecky ivlcKay pat Dobie Tim C:mns EXHIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACRD AR ~' . nehen~ W. prrn'd, Ii~Merrt __ - ]oln s. Franaa~l, Vice Fr~klalt ~Caral A. MdCee, ~C1111r1kS7ar&' L~ndew+w~~ie~~o }bbrico Sd,+~ M. 6Aker, Cianicree:iona PeSAd L, Case; CernmL=5'aner h,larch 17, 2[]11 Beaky McKay Engineering SoEutians, LLP 1029 hJ. f3osaria street. Snide 1 [l4 MerDdian, Idaho 6362 f~E. Ten fr~lle Interchange Wes4 A~Cess AnadysGe dear ~r~y; ACHF~ has reviewed the TechnicaE hlermarandurn (Memop from (7abie ~nglneerlrra, Ina. Baked Februavy 15, 2011 ~rohich you hand dellvererd ad your meeding an Marclro 2, :?~!1 i. Concurrent witty our rauiaw of the drafi~rc arvalysis, AGHa requested the coy of hferidian review and verify 4Bre Sand use assalmptions_ Ericlased is the City of ftterldnan letter laded Maroh 1~, 2t]i 7 verifying general agreement with the Pend use+ asswn'Ipkigns as welt as comments on dhe prapas®d access painds. The Mema r:ferans.ed usdng onforraialicn frorvt Ifre Lackner Sdudy for dhe Ten Mole Interchange as well as the study preparad by HDFZ. d~tease provdda oaples of t3te rel®vant sermons from these studies Fraam wl3ich the information was nbtained. The Mema also references Appendix A, B and C. Theca were not Included iru the subinlotkaG. PGease provide a copy mf the appendices.. ACC-ld) offers the following comments on the propped access points absent the informatio-n requested ataove. For cansisGency of review ad the cu*mrnends f will utilt~e the numeric labels from it^.~ Gliy's letter and attached rrsap_ + The ri?rtdi access road (iJ Igt:afed on the soukti purdu4n oaf the Gamey properly Is listed as a new signalized irvtsrsecdion in the Memo. A signal has nut been approved ai this I©cation by ACHE and wdll not ba corvsidered at this time. None of the information aad data su6rnitGed to date from any source has indicated ttre need. to s?analige thin Future Interse_ clien. Fiav~se the iulemc t4 remove the eonsidaration of a signal at this location. Ths proposed Eor~tlons For [he accesses on the north ccallector and ~e northlsouth rnllec[or Q2) generally conform fo AGH~ policy as proposed and would be approved. The prcrpbaed d:rrec9 aco_ss to Ten Mile f2QSd frorm the Fedrizzi }cereal ~3) wee lest shown as ann emergency access only. There is no explanatiom as to why tine proposal now includes a direct access to Tan htiie E?oad. Tfuis access does not conform to ACHf7 policy and wi91 net 6e consid~r!~d. Tha access to dhe street at the west soda of the parcel conforms tca AGG-d~ policy and wpWEd be approved. The proposed access point looalions on khe south collector q4, ~, 8, 7, and aJ generally oUnfarm to AGHb rtrollty, AGH~ wile wllhholrf comment nn the function and aperairQn cf the accesses until the indormation requested above has been provided. • The proposed right-vf-way layout appears to be sufFatdent far the prapo3ed roadways. G would suggest a more detailed review pd itue recluhed righk-of-way fmr krre various roadway seginenPs vrith both A~CHI] and dhe City of Meridian before legal descriptucns era prepared. Ada County Hi,hvay 6istrirt ~ 37iS Adams 5kreek+ Garxlen Cty, ]~ • 637i4 • RH (2C®y 2$3-g146 • rX 367-639] •xnwa,[xhd..'J4 ~l.~~s Exhibit C Page 1 EXHIBIT A Rs v±e iii9cu "sled, apprmWal a# any access p~inf5 wile (,e conkirrgenC upon the parcel's developing cansisgent wikh 1h$ lend use ~sumg3tuans wikhi~n khe Tan Mule Inkerchanga Specific Area F'gan and a:re sultject fo change 4r on~~csgion if the proposed land uses andlar traffic cendiquons cfnangs in the future_ Alt fcrkure detnslepment ca( ~e parcels will ha snl?feck qa tihe AC~1D pa[Icy In sffeck sq lh? tlrn@ 6he application is receiued lxy ACHQ_ If you have any qu®staons you rrray ~ontat;# ens at ~S~-G17~9, ~ln~eraly, ,, r•~t=_--- - ~- -- Gary Inselrram IVlaina~eY, Eiigh~k-v#-Vu'ay a?i~ S~e~ralopmenk Services ~n~claaure: City afi fuf~rldiar4 letter dated March 14, 2p# 1 Ce; fete Friedman, Qigy of Mleadian Pat CYraF~ie 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 vaziety 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. 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 pazks and other public spaces in site design. 1. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet; if cover from top of pipe to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the properly at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: l . 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. t, n.r >_ •ia• r ,.«....~... :., ti..e...., .w,...,,....,t inn nnm ~ o f e,. ti,,....~ ...>,,... «ti,,... r ~ ~ o •t tt w >, t i a c c ~,... «>,,.......o.,a., a.,..,...,..,t inn nnm , ~ r o 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 Standazd 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: 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 l4, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes 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 easUwest collector road may be three (3) stories. w,r I. •la~ c •..«:..1-.......4..41,,........,a /~n nnn... .. F e.. 1.,....,...,.« ,.41...«4w.... 'I 11 M o l N II ....! .. F ,.4.. «: n4 ..F ,.«.x..40« N..... 4.,.an1.. 4Ho..~..«,l / 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 Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Mnexation Legal Descriptions & Exhibit Map December 22, 20 L l I7L8Ci~1PT[ON POIt I''C~17N12LI TI;N [4IILL~ LLC PR4POSLll C-r 2illvdNf: A pnecel nF land located in the NE'!~ ol'the Sli ;i of Seetirsn l5, T.SN., R 1 W'., B.h~I., Ada County, Idaho, more purtacularly descralted as tollows: Commencing at the norr_heast earner of dte Sfi B 1:{ (the East 'f.~ comer of said Steliun 1 S), thz kGAL tsOINT iQE BEGI?YIVIYG of Iltis descrig~tion, from which the 4nutheast corner of stud Section l S ttettrs South UU°3U'U3" West, 2fis9.46 &'eet; ~1'hetace 5atdh UU"3t1`US" 1V`est, ?~l7S.IYp Fret along the east line of Che NE '!r ul" ttie SE ' ~ I€r a point; 'Lha;ncc Norlh 89'ld'4~4'" li+`est, $UO.OU Feet parallel xviNt the north line ol'Ihe NE !%•i ut'the 4L'° 'Ii to a p~~int; Thence North UU`3{7'U3" Ca+t, 2i9i.iH} Fist pataltel with the east lint oY the NE 'ri of the 51: `rS to a paint ctn rise north lira oP tha NE ','~ oC the SE !!y Tihcncc South 8tl° I ~4'~t~" Fast, SUt}.0U Feet along tltc north lane of the NE'/a of Ilia SL; 'f, u3 fire FS?1N~1't71= L3F[} tI~1iNG. Coatainane 5• l l acres, matre nr less. 9tl-l l8',FEDE2[2Z1 it-C] ^Lti.t]Q[' Exhibit C Page 7 EXHIBIT A 17ccetnher T~, 2011 DE~+CRIPTII7Y FOII JANCCE+K PR4PCRTIES LLC 4'ROPi75ED C-G ZONII4G A parcel of land located in the NE Yn of Section l S, T.3N., 2 [ V4'„ B.7v1., Ada Connty, Idaho, Inure par[iculurly cJescrihed as fallaws: Cnnamenciros at the snutheast corner aF rtJte: NE t!4 (the East';:, corner} at'said Section 15, the REAL PQ1NT OF E3E~IiYa`11NC of this dnscripliun, L'rurn +m'hiclu flee Nottheast corner afsnid Section l5 beaus Nar[h 00°33,3$" East. 2fi58.23 FccY Thence North 89" 14'd4" Westl, 1745,491ect along the saulh ('one of the NE !I., 1a a point; Theme North U6"~d3' 16" East, 56.77 Ccet Lo a puunl; Thence North 2'4"45'24" West, 11 SaJ feel to n paint, Thence North lfi°29'72" ~Vesl, 95,83 feel iu a point; 'I`Itence NnrUt 0'4' 1 d'jR4" West, $0.43 Fzet to a paint e8curvature; Thence 342.SU Feet alotui; a cun'c to the right, said cut^rc havins n centr.•tl angle ot'2U°26`07", a ntdins of 965.00 fec4, nntl a lung chart! +a'hieh hear3 North OS'SS'2U" Eas[. 3~0,3U feet !u a point ol` rbV'el'Sd 4'4tr~'atUCe; ITtence 4~°J.~41 Feet alunp a curve to [Ite left, said ew•+'e having a central angle aF?~1"72'43", a ra iitts uP 9 U3J.UU 4ee[, and a lanb chard +vhich L•ears Nostlu 03°3~)'Ol" I_a.5t, 445.139 feet to a paint aF reverse curvature; Thence I $T.93 ('eet along a our<'a m the right, said can e lxn'infc a central anttlc of U9° l4'33", n radius at' 1165,00 feel, and a long ehar<I which bears North Ua°10"U3" Westl, 1$3.3? Feel In a poinl of langenny; "1'h~-~r~e Narlh fl4"23' 13" Gnat, 2 t S9 feet to 0. lSlSil]t pL5 (61~: h50rtll lino 0l [hc ~{h' 'r. of the NE :'.; Thence Smith 89° l5'U~' Enst,'169,Ob fcxt. along the nor[it [ inc of the 5 v4' '~n aF the NE 'ri to Utc ^ortlveast camcr of the S W 'r:i of the NE 'ra; Thutcc ~unth 89°l5'US" Eatst, 13?U {33 t'eet.tlong the tturtl? lirte.tfthe tif.'~ ul`ilte NE'ES to dltc nartlteast corner of the SE ya at'the NE !!: Thence Sauth OU°33'38" Wrist, 1329,1 I feet slung the east line of the SE rS aF the NE: 'ri to the P[}IN'l' iJE BE@INT~'INC1, i=ontaining tid_6G acres, more or le-ss. au.t t s'~~n;v tc>: k le-cl_rrt=s_ooc Exhibit C Page 8 EXHIBIT A I?ecem6er 32, 2U] 1 DGSCRIPTIQN FUIt J~[YIG>;K PROPERTfl'JS LI.C PRC)I}C)SI1) `I'N-C: Zf)YINt: A axarctl of land located lox the NG 1 i at' Section 15, T.3N., tt. l SV., H.41., Ada. County, ldttho, more parflicularly dc5cribtd as fullotiv's; [_:ontastucing as cite southeast cartser nl'the NE 1I4 (the Etrst !fir carcxer) aEsaid Sectlan 15, Erato which the Tv'ortheasl carttcr of3aud Seaaieroo IS C,tars Nor!}t i)f)°3'38" _r•.asa, 2Ga&:?:, feed; Thena:e North 89°!4'431" 6b'tsl, I ;45.49 fret clung tht ssluah line c?f a17C NF'r. [n t7te 111's.aL I`[ll_N'I' ()F'tBEC:INNIYG nt'this description; 7'hene:e North 89°l~l'4d" L4'est, 897,69 feet alfang salt! South lintlo alts souahxvtst coruter nFthe S64s !,5 of lire -0E'!i $tht C'torier !~'~ t:ariter of said Section IS); Thence North UO°3Cr'Sl'" East, 1368.84 feet nlonb the sucSC [int+sf the 564' !r. of Iht NL '.+: Oar alto tuoralt,,,~tst cornet' uEthe SSV :r: at'dxe NE Ua; Thence South 89° I ~'OS" Etasl, 851.9U l'tet along t$e nosh lifat atalLe ti41~' ':, nEthe taC !~S to a point; 'thcttct South p[~"?7' 13" U`esa, 3 t.59 fact to a point of eur•.'ature; 'I'hettCt 187.93 feet along a curve to the Ictt, said curvs• havin;~ a ecntral tutglc fal C19° ls{'33", a radius aE l IGi_UO test, and a larott~ chord tvkuich !stars Sou91t f1~"11J'I)a" Ea31, 187.7^ feea to a yssxint uE rew~ne eurvatau~: Thenc. 444,x{ I feel alun;* a Curve ao rite ri;;lst, said curve ltaviatg a ceotn•al angle of 2~°x.'43", a r,Lduus of k [t;5.U0 feet, and a long_ chuozl tvktich !;tars Suattlo t13°39'tJ l" 64'tst, ~d45.89 feet tax a ryuina of reverse ctotvttta¢e, Thencx 3425{S ltt! al~.tt±g a cwn~,'t Ra rift loll, sail ruiti'e having a rzntral atxgle af?'Q°2U`f17", e rtleus of'J[i5.Ua1 tcWt, and n It+ng cltort3 ,t,hi~_It b4urs South f75 ~$"3U" VV~~~I, k~a 0.70 I'cx1 tc~ a t:wxinL of Tluncc Soaxlh U4° I ~I'44" &ust, $i}.43 Peet to a Ciniest, `thenv:e South 1(;°'39'55'" Ettst, 98.83 Esc[ la st point; 'thence SoaLdx ~4°+IS`"~+I" Ea3l, l I5. s5 leer [cx a point; Tl:ent;e South Ut}"~t5'lti" S4'est, SG.~°7 feet M1a [hc PL1T`~fT t~F BGGaNNtlt,rr: [~1?t4a 1t ltln~" aj.9~ al'P$S', Inge al' leSa. 9f1d18`JhuIC.'t'.k(tbl-cl nes.ocac Exhibit C Page 9 EXHIBIT A pLSC.fld[I'7'CI]Y rOP{ 9JJ'V LLC PllOiht7Slsla C-C 20NlNr_. A parcel at laud located in qhe NL % of the SE !~~ of Section p i, T 3N., li.l VS'., B.;4~L, Ada County, ldaha, mare partpcularly descri6cd ax folpaws: C:utrirnencin~ at dte northeast caartaer oFthe SG fl?4 (the East i`i comer aF.xa6d Secgic5to l5), Fnu} which the Soutlteast earner uF 5.9id Scotian I5 boars :]4Utlt UO°:30'f1~" West, 2fr59.TCr feel; Tlteuce Ntarlh 89° 14'~~" West, 80i7.Op lest al~np the north line of thy. NE 5;; aF the 5C ~i l4 the [tCAL PC11NT QF SE~INNING OClhs drseripginti; Thence South 00°i0'4a" W es't, l67 ~7 p feet t?aralep wittj the east line of the NE ',• i ot'the SE °~i l0 a point; Thence North R9°24'57'" West, 55.00 Feet Iti sa point. of curvature; Ttitcncc 1T9.73 fleet spaug :x cun•e to the left said curve having a central angle: od' d l ° 1 ]'29", a radius x12513.00 feet, and a ]ou7g chard +vl~ich licurs South by°S~l' 19' 1Vese, 175.89 Feet to a lJOint of [angeuc~• Thence S X19='1R'3°I"' Wcsq, 15.51 fs'et to a paiJttofcurv°aqure; Thence I?032 }eci Mang n curve to the right, said curse having s central attAle aJf ~9°U3'0 7 ", y ra.litte of 250.f1i7 leer, and a long chord +vhich bran South 6R°~79`S~{" la.°csi, 167.0°+ fee[ to a Fioint on the avesc link ~3f the NE 5'. al the SE 1..?~X; Thcncc NarE9t UO°33'b7" Lust, ~~2.5i feet alnng the west line of the NE'/.~ a}'thc SE !'i to the Werth+vest cxiater nt'tlte N1E '.'i oFihu SE 'li, Thence St+uilt 89"']4'~I~" Eusl, 521.9 fect ~-ap+7uc the taorth Iip7e of tlae NF. 9:i at'the SE :+:i to the Cotataptiinh :t.35 gn•es, ittare ur le,s. 90A I R'~SJ1V tGCJ_G3ES.~taC~ Exhibit C Page 10 EXHIBIT A Decemher ??. 20l l f1E9CR11''I'IC11Y F'UIr; *3,I.R~' LLC FRQFCISEL7 FI-E f1)`i1NC: r\ parcel ul' Ittn[l Inea4ed in the NE 'f, oFtlse SE tra of Section 15, T.3N., R. ] til%., B,N'I„ Ada C',ounty, Idaho, mat,: ptuticularly klescriGecl as follox's: C:nlnmencing at the nnrtheast earner of the SE I?~ (Ihe East 4d corner ui` sttitl Section i i), from xdtielt khe 5outlteasl corner oFsuid Section l ~ 6cars Soutls 00"30'k73" West, 2fi5rJ,46 Fcct, 'flrence South lpil"3!1'03" SW'e-st, 27$.00 t'ect along khe call line uFthc NE 'l+ of khe S E :.~4 lu khe READ FO[YT t]C TEEGINNI111{; of 4his tleseril?tit7n; Tltenee Snutit 00"]0'03" tiL+est, 73G.7d t'eet allattg khe east line oFthe NE S''i of tine S E !'' ko a point; `Gheuce North $9°31'0$" 1Vi:sl, ~sJ.31 Ize41o n ~oin1 ott the narkherly righk-of=u'ay of interstate $~k; Ilic[tce along the serial nordterly ri~ht~oFt4'ay Qlte Follux2n~ caurscs and distttnecs; Thence South X47°.3'05" v+'nst, 1i19.U~1 feWk; 'lltcnce South 6fi°5J'31}^' Vest, 1175.73 feek; -ltencc ScruthlCtl°i79'21" ll+esf, 15i].iCi fee:; 1 heatce SUEtklt 7(i"'[} l `' I.3" ~`est, 33i).fi47 feed; Thence South 79°54'2(+" 4ltesl. 177.77 Feet; Thence South $~4'~i6'3$" ~l+cst, I ti~.7i i'cet; Thence South 8$'17'05" V,resk, I th$:28 feat to a point un the wro'est ]ins. ^f the NE °;.'+ of [he SE !i'k; Clteneo ieaving snit: nc.r4he;ly right nFtcvy h'oi4: 4t0"33`'7" f=ast, 13ib.'$ feet alrn~ the west lane of tlhc NE 'ri oFEhc SE !~S tar tt poinfl un a cur<~e; Thence i ltl}.3'_ Feet along. a curvb der kite Left, said curve having a uenteal angle of 3pJ°0""Ol ", a radius of Z5E7.lp(] feet, and a long chmrd x~hich Gears North ti3°d9'3d" East, lfi7.04 feet to a point nl' langencv; 't'hence Aiorth X19°l8'3~4"' EasE, 19:1.50 feefl to tt pts~int oE'curvature; Thence 17r).73 &^.ot ;t0on~ a cuc:c to ilu: right, s. icl curve h.tving :w cenlntl angle Uf ~l I' l I'79", a radius cr1'2;wCD.f10 filet, and rl Ions; chord tvhiclt Gear, North (iR°5+1' 19" Last, 175.841 feet to a paint of lanycncy: Thence ~oufh 89°29'J7" fuser, 55.[l{1 feat to a p©int; ,H}d I S15.IJ \+ f H-L-1_DES. ^CrC Exhibit C Page 11 EXHIBIT A Thence Snuih Ill}°3i7'll~" West, t 10,9}9 icct, parallel ~viltt 41ee east line of the NN ;5 of the :iE :; ro a p©unt; Thence South $9"l4"4~1" l=asi, 8f10,CIG fee4 parallel ~4'ith Uie north line off the NE'.~s oFthe SE %a lt~ 11te PAINT f3f° 6Cf~1IJ1~11Ta[i. f'ontaittin~ 27.17 acres, mon: or less, - - ~ _z._- _ - ~ . ,. i~ ~~~~~~~u~I- ~_~~~ ~~ -~ rc~" ,h~! 1 'C .~ L(~-- ~~ ~~,e~mn f , IC luvc,~,~ ~ ~~ i M - e F ,... ~ av~c~LLO _ ~ Mpoem MeloMA j JI!/~tmoPeilm LLC ..n .w.~ vlroroemoamun g ~ll tu[mi~x inn uq s y -__-__- igg®~1i 1 _ i ~ ~ ~9~1i ~~a ma,~a ~m..u~...~ wn.~r,~M ra ~:~~w'"fi curtv[rwLL ~ gSA . _. _._ JTi'a'w end"m .mne in~~ fi ~¢dY"°"" MW.POIIJOtl aYY MOMlTOCIWlOY XPI XMQ~WM"e ~w.a i ~ ~ e p BW LLO Y R ~ II FlYTII~11EZg1p £ S' i 1 any ~~ w ... "u iwra.. m uil -I ~ 1 ~~I w eon i , ~ pMAP i Exhibit C Page l2 EXHIBIT A C. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council Finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN-C, C-C, & H-E is consistent with the FLUM designations for this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council finds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D