The URL can be used to link to this page

SJJV, LLC Ten Mile AZ 11-001ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 43 BOISE IDAHO 07/25/12 02:00 PM III II III III IIIIIIIIIII IIIIIIIIII II III DEPUTY Bonnie Oberbillig AECORDEO-REQUEST OF 112073617 Meridian Ciry DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SJJV, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~.` , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and SJJV, LLC, 360 E. Montvue Drive, Suite 100, Meridian, ID 83642, 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 H-E (High Density Employment District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-SJJV, LLC (AZ 11-001) PncE I of 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation ofthe 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 fiuther testimony and comment; and 1.7 WHEREAS, City Council, the 7m day ofFebmary, 2012, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refereed to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns 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 Property is developed and the subsequent use of the Properly 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 RECTTALS: 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 cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMEN"I'-SIN, LLC (AZ 11-0 Cl) Pwce 2 of 10 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 SJJV, LLC, whose address is 360 E. Montvue Drive, Suite 100, Meridian, ID 83642, 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 ofMeridian as described in Exhibit A describing the parcels to be annexed and zoned C-C (Community Business District) and H-E (High Density Employment District) attached hereto and by this reference incorporated herein as if set forth at length. 4. U5E5 PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The 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 to the Staff Report. 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 DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-0$) Pncs 3 of 10 Agreement to include a development site plan. The portion of the propertyproposed 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 intemal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road maybe three (3) stories. 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 Fann Act, Idaho Code Section 22-4503 is applicable to the subject property. DEVELOPMENT AGREEMENT- SJJV, LLC (AZ 11-ODl) Pace 4 of IO 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and heazing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notlce and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to wnect the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing 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 of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer 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/Deve(oper, 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 of any covenant to be performed hereunder byeither Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-001) Pecs 5 of l0 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developershalt, immediatelyuponcompletion ofany portion or the entirety of said development ofthe Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and condifions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements ofthe Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Properly by the City Council. If for any reason after such recordation, the City Council fails to adapt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instmment of release of this Agreement. 11. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENTAGREEMENT-S71V, LLC (AZ 11-OD]) Pnce 6 of 10 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwner/Developer, or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developershatl have thirty (30) days after delivery ofnotice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which aze beyond the reasonable wntrol of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner has entered into an addendum agreement statingwhen the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings ofFact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT- SIN, I.I.C (AZ 11A~1) PacE 7 of to 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: SJJV, LLC 360 E. Montvue Drive, Suite 100 Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, orportions thereof, exceptthat 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 of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhns fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-OAI) PACe 8 of 10 20. INVALID PROVISION: If any provision ofthis Agreement is held notvalid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. SJJV, LLC,~C~ By: CITY OF ATTEST: c;~yof Jaycee dJ Hohnan, City Clerk \~, SEAI. r. ONMO DEVELOPMENT AGREEMENT- SJJV, LLL'~lY:$EI'j PncE 9 of ]0 STATE OF IDAHO, ) County of Ada ss On this ~~ day of~ Vll 201~~e~fore me, the undersigned, a Notary Public in and for said State, persona ly appeared ~1 S ~ '`QYr~ P/1 S (JYI i'~'1,4 . known or identified to me to be the person who executed the agreement on behal of SJJV, 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. (SEAL) ,••'~ ND.~S}~ ~IQIIX~ ~ Cy~~}'L~, ~~ ~C~.+ '1' Notary Public for Idaho ccr~t' pgAR y Residing at: ' s ~ ~ ~... ` My Commission Exprres: GN 2`l 2D i ~ PUB~'~ ~O 7'E OF STATE OF IDAHO ) County of Ada ss On this 2 4 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, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••'~iCA .Ip~.• •~5,~ 'CA ~ ,tp• (SEAL) .•,~ ~ ~O ~ ~'~ •~ No ry Public or Idaho ~, Residing at: ~~ata~~n 11~ ' '~ ; Commission expires: ~ ~av~ ~ X01 . , • pl1BLlG, moo. ••~9~'E OF ~P' ....• DEVELOPMENT AGREEMENT-SJJV, LLC (AZ 11-OQ1) Pecs 10 of ]0 December 22. 2011 DESCRIPTION FOR S.T.TV LLC PROPOSED C-C ZONING A pazcel of ]and located in the NE'/, of the SE '/, of Section 15, T.3N., R.1 ST/., B.M., Ada County, Idaho, mere particularly described as follows: Commencing at the northeast corner of the SE ] /4 (the East %, corner ofsaid Section 15), from which the Southeast comer of said Section 15 bears South 00°30'03" West, 2659.46 feet; Thence North 89°14'44" West, 800.00 feet along the nurtlt line of the Nlw %, of the SE'/~ to fhc REAL POIN'i' OF BEGINNING oY tlus description; Thence Sotrth 00°30'03" West, 167.91 feet parallel wifh the east line of the NE'ia of the SE '1< to a point; Thence North 89°29'57" West, 55.00 feet to a point of curvature; Thence 179.73 feet along a curve to the left, said curve having a central angle of 41 °11'29". radius of 250.00 feet, and a Tong chord which hzars Sotrth fig°54' 19" West, 175.84 feet to a point of tangency; Thence S 49°18'34" West, 195.51 feet to a point of curvature; Thence 170.32 feet along a c!nve to the right, said curve having a cen~l angle of 39°02'01", a radius of 250.OD feet, and a long chcrd which heats South 68°49'34" West, 167.04 feet to a point on the west line of the NE '/< of the SE 1/4; Thenc: North 00'33'27" East 422.55 feet along the west line ofthe NE %, of the SE '/. to the northwest corner of the NE '/ of the SL ''/4: Theuce South 89°14'44" East, 521.59 feet along the north. line of the NE '/ of the SE'/~ to the POI"i4T OF BEGIlv'Nrldi. Containing 3.35 acres, mo,e nr less. REV PROVAL t3Y FEB 2 4 2012 MERIDIAN PUBLIC WORKS DEPT_ 904 i 815AV (C-C)_DES.DOC December 22, 2011 DESCRIPTION FOR SJJV LLC PROPOSEll II-E ZONING A parcel of land located in the NE %, of the SE '/ of Section IS,T.3N., R.t W., R.M., Ada Comity, Idaho, more particularly described as foI lows Commencing at the northeast comer of the SE 1/4 (the East ~, corner of said Section 15), fi'om which the Southeast corner of said Section 15 bears South 00°30'03" West 2659.46 feet; Thence South 00°30'03" West, 278.00 feet along the east line of the NE'L. of the SF, %, to the REAL YOINT OT' BEGINNING of this description; Thence South 00°30'03" West, 736.74 feet along the east line of the NE'G of the SE'/a to a point; Thence North $9°34'08" West, 233.31 feet to a point on the northerly right-oF-way of Interstate $4; Thence alongthe said northerly right-ef--way [he following courses and distances: Thence South 47°33'05" West, 109.09 feet; Thence South 66°54'30" West, 105.73 feet; Thence South SC°09'2l" West, 150.Ih feet: Thence South 7b°01'13" West, 330.69 feet; Thence South 79°54'26" West, 177.77 feet; Thence South 84°46'38' West, Iti2.75 feet; Thence Sotrth $8°4705" West, 10818 feet to a point on the west line of the NE '/, of the SE ';'~; Thence leaving said ncrtherly right of way North DO°33'27" East, 87b.7S f et alcrg [he west I ine of the NE % of the SE '/<- to a point nn a crave; Thence 170.32 feet along a curve to the left, said curve having a central angle of 39°02'D I ", a radius of 250.OD feet, and a long chord which bears Notch 68°49'34" Fast, 167.04 fee[ to a poin[ of tangency; Thence North 49°15'34"' East, ].955 I feet to a poin*. of curvann~z; Thence 179.73 feet along a carve to the right, said curve having a cenhal angle of 41°11'29". a r..dins of 250.00 feet, and a long chord wlueh bears Tdatat 69°54'19" Bast, 175.39 feet to a point of tangency; Thence South 89°29'57" L-asi, SSAO feet to a point; 99A 18\S11V (H-H)_DES.DOC Thence South 00°0'03" West, L 10.09 feet, parallel with the east line of the NE %, of the SE 94 to a point; Thence South 89°14'41" East, 800.00 feet parallel with the north line of the NE `/ of the S~ '/ to the POINT OF BEGINNING. Containing 27.17 acres, more or less. REVI 0. PROVAL BY FEB 2 4 2012 M WORKS DEPTIC 90dISISJJV fH-El DES.DOC EXIIIBIT A STAFF REPORT Hearing Date: December 6, 2011 TO: Mayor & City Council (~E IDIAN~-- FROM: Sonya Watters, Associate City Planner ~ C3 ,~ ~ [~ 208-884-5533 SUBJECT: A~11-001- Ten Mile Annexation I. SUMMARY DE5CRH'TION OF APPLICANT'S REQUEST The applicants 8c property owners, 7anicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C-G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan. for the overall site nor for the individual properties has been submitted. See Section 10 of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information.) the subject AZ request. a. Summary of Commission Public Hearine: i. In favor: Becky McKay. Eneineerine Solutions ii. In opposition: None iii. Commentine: Chris Penland iv. Written testimony: Brad Boe: Kevin Shreeye; Richard & Patsy Fedrizzi v. Staff presentine application: Sonya Watters vi. Other staff commentine on application: Pete Friedman b. KeY Issue(s) of Discussion by Commission: i. The consistency of the proposed C-G zonine in reeard to the intent of the Ten Mile Interchanee Specific Area Plan and the future land use desienations for the property; ii. The appropriateness of C-G canine directly adjacent to residential without a development plan (no transition in zonine/uses). c. Kev Commission Chanee(s) to Staff Recommendation: i. None d. Outstandine Issae(sl for City Council: i. None a< ummarv of City Co uncil Pnhlic Hearine: ' 1 avor: Becky McKay. Applicant s Representative: Lnuann .Tanice i4 Tn opposition: No ue iii. Commentinu: No ne Ten Mile Annexation AZ-11-001 PAGE I EXHIBIT A IY. Wri tten te stimony : Becky McKay. Annlica nYs Renrese ntative y, Staf f nrese ntin¢ an nlimtion: Sonya Wafter s 17. Oth er staff comme ntine nn aggticat ion: Ca leb Hood 1L. Kev iss ues of D iscussi on by Council: i. he requir ement f or restrictigns nn the si c of buidiq¢ footgrigts in the C-C zt~nin¢ ~, dist ev Co rict. uncil C haneev to Staff/Commicc ion Rec ommendatio n i, Rem nve th e restric tion on each of th e devel opment anre eroents re¢erding the max imum building footprint allowe d in the C-C 2nnine district. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, as presented during the heazing 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/Locafion: The site is located at the northwest comer of I-84 and S. Ten Mile Road and extends to '/< mile south of W. Franklin Road on the west side of Ten Mile, in the east'/: of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Pazcel #'s: 51215131200; 51215417210; 51215417400) Owner(s): 7anicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montwe Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosazio Slreet, Ste. 100 Meridian, ID 83642 Ten Mile Annexation AZ-11-001 PAGE 2 EXHIBIT A E. Applicant's StatemenUJustification: 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 Councip C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (City Council) D. Applicant posted notice on site(s) an: July 11, 2011 (Commission); September 24, 2011 (Gifu Council VL LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural properly currently zoned RUT in Ada County. B. Chazacter 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-4Q, C-C, M-E, and H E. C. History of Previous Actions: None for the subject property. Other propertieslprojects 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. • Bazaya Subdivision (AZ-06-061) -This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (5413 acres), and R-40 (1326 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ-OS-016) -This properly consists of 24.61 acres and was annexed with R-15 zoning consistent with the FLUM designation of MHDR. • Southridge 3l (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 properly 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 Annexalion AZ-l 1-001 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: Canals/Ditches Irrigation: The Purdam Drain bisects the northem 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 aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject 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 (inks 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 collecfively designates the subject properties for Medium High Density Residential (lull-IDR), Mixed Use Commercial (MLJC), 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 properly (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 (soulhem 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 designafion because of the more intense types of commercial uses deshred in those aeeas 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 FLm. Staff is of the opinion the integrity of the Flan should not b® modified to address what may be perceived as the highest and best use of individual properties. Ten Mile Annexation AZ-11-001 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 VLCfor details). LAND USE DESIGNATIONS: MHDR: These azeas are recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and aparment 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 FLUMdesignates 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 properly to the north is zoned R-IS and intended to develop with single family residenfial uses (townhomes &alley-loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year round waterway that is proposed to remain open, as well as a strip of land designated for PARK uses that is intended to include a section of the City's multi-use pathway. The applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family attached, two family duplex, and townhouse dwellings -all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C-G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN-C zoning district allows all of the aforementioned uses as principal permitted uses, except two family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN-C (rather than R-40 or R-I5, or the C-G district in which all residential uses except multi family are prohibited) consistent with Staffs 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 residenfial uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments aze 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 FLUMdestgnates 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-15 & 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-11-001 PAGE 5 EXI-IIBIT 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 moximum 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 114i1C: These areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MIJC 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 MIJC 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 o,~ce, 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 Fachibit A.2). (Note: There is small strip of land at the southwest corner of the .lanicek 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 AZrl 1-001 PAGE 6 EXIlIBIT 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 SJJY property along the frontage of the collector street in the approximate configuration shown in Exhibit A.2). This will bisect a portion of the SJJYproperty 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 azeas aze recommended as predominantly office, reseazch and specialized employment azgas; 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 I3DE azeas aze encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for lazge national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, I-IDE azeas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE azeas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured pazking is also allowed. (See page 3-11 of the TMIASP for more information.) The FLUMdesignates approximately 30.14 acres on this site for HDE uses. The applicant proposes a C-G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restaurants, hotels/motels, and consumer service uses. In the C-G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation,- uses in the C-G district are intended to serve the wider community. This development pattern has the potential to diminish or under utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C-G district is 65 feet which may not allow for the full build out potential desired in the HDE designation. The H-E zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. H-E zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S Ten Mile Road, an arterial street, on the east. The maximum building height in the H-E district is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H-E district limits retail and restaurant uses as accessory uses to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H-E consistent with the intent of the ZIDE designation. PARK: Pazks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they aze intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood pazks should be provided by local streets, Ten Mile Annexation A~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 pazking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors aze recommended locations for pedestrian or bicycle pathway connections. The FLUMdesignates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Plan to contain a section of the City's multi-use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, commercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specifrc zoning designation for PtIRK 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 asthey 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 area. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes anorth/south street through the SJJ V 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 easUwest 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 Mazch 14, 2011 regazding his review, included in Exhibit A.3.1n 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 aze proposed. The access points that Staff is in general agreement with aze circled in red on the map included in Mr. Friedman's letter (see Exhibit A3). 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 Insehnan, ACHD, also issued a letter dated March 17, 2011 in regazd to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). In summary, ACRD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north south collectors conform to ACRD standazds & would be approved; the direct access to Ten Mile Road via the Fedrizci property does not conform to ACHD standazds & would not be considered -emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACRD 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-11-001 PAGE 8 EXIIIBIT 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 ACHD and the City is suggested before legal descripfions aze prepared. Approval of any access points will be contingent upon the parcels developing consistentwith 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 ACHD policy in effect at the time the application is received by ACHD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recommendations on the locafion and design of building frontages and limits on building heights play an integral role in the firture evolufion of the Ten Mile Interchange Area. The locafion, 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. TIDE: All development within this category is strongly encouraged to incorporate designs that promote open space and pazks. 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 ofthis 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 fmal 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 transportaticn agencies and private properly 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 identify and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained 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 Traffrc Analysis (see Exhibit A for more information). Ten Mile Annexazion A~11-001 PAGE 9 EXHIBIT A • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood conneotivity 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 MIID$ MUR & M17C 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 HDS uses. In close proximity to the north, a mix of residential uses is required within the MIID$ MIIR, & MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5, pg. 69) Although not a creep the Purdam Drain crosses the subject property and is a year round waterway This waterway will remain open but will be piped at vehicular crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed C-G zoning is not consistent the with the land use designa[ions contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above- As an alternative to decrying the application, staff has provided recommendations on zoning that staff feels is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE (IIDC) (Staff has included details ire 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 (LTDC 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. Yertically 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 (TJDC ZI-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-11-OOI PAGE ]0 EXHIBIT A prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited. UDC Table Il-2B-21ists 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- Czoning district. Any use not explicitly Zisted is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table 11-2B-3 for the C-C and H-E districts, and UDC 11-2D-5 for the TN-Czoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B-9C and Table 11-2B-3. Sheet 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 Il-3B-SC. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. (The UDC does not currently include landscape requirements for sheet buffers or buffers to adjoining residential uses in the TN-C district) E. Off-Street Pazking: 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 azeas are required to be designed in accordance with the standards listed in UDC 11-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residenfial uses, the required number of off-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSTS 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-I I-OOI PAGE I1 EXIIIBIT 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 requesf despite Staff's recommendation. Note: As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that staff feels is more appropriate for this area and is consistent with the FLUM (see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue thrs 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 Cert~cate of Zoning Compliance application which would necessitate a modification to the DA at a later date to include the plan; and requirement for easements or right-of-way dedication for the proposed collector streets within the property that are consistent with ACHD standards. X. EXHIBTTS 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 Fete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code 1'en Mile Annexation AZ-11-001 PAGE 12 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 SlreetNetwork Exhibit C Page 4 EXHIBIT A 3. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Platrning Director ~~~~ ~DIA~T~~ 1i3f1HCl March 14, 2011 Mr. Gary lnselman Ada Coun[y Highway Dishic[ 3775 Aclams Strcct Gaeden Cil}', ID 83714 SCPAJGCT: TI3TF MILE INT'F.RCHANGE WEST ACC1355 ANAYLSIS Dear (fury: MayarTammydc Ykerd Ctty C9aruil Memberr: Keith Gird 6iad Hoaglun Charles aw+ntree Dxvld Zaremba This is in irsponec to the Tcn Mile Interchange Commctcial Traltic Analysis dated Pehmury I5, 201 I by Dobie Errgincenrtg. City of hferidian 1'latwhig and Puhliu Works staff have teviu+vcd Ate analysis, pnipuscd right of wa}• alignments and accesses for eonsfslcncy with the Tear Mile Intetclrsutgc Specific Area Plan (TMISAFs). In the absuttce of spaciGc develvpmonl plans +ve wa iu gcncml agtremm~t with tlto underlying assumptions of tkte study utd same nCtfre proposed xxess points. We are of the opinion that it wetdd he heneAcial to trait until spacilic dcvclvprsrcnt plans are proposed to dcternrine outer accesses. Wo necognize that the analysis is correctly teased on Ate adopted land use designations of the TMISAP even Arouglr the precise Iattd uses are root identified. While the I~AR ernployed in rtes analysis (,56) is lower {han naticipated in the TMISAP it seems reasonahic since the recunurterulerl FARs in Ate plan do not acwunt t'or road rights of way and alleys, '!teas, wn one In general agmcment with the assumptions With regard fa tlia proposed aeceses, +Ye recognize and support rtes DistricPs policy of identifying aGCesa nt the tiwe of development eppGeaiion and appreciate llrt District's t3exibilily in reviewing the pmpt>Sed accesses acid right of way aligntnenls in this anique situarian_ Based vn our review of iha analysis and the proposed accesses our comments are direc[cd to specific areas on the anacheri map wids wrnspuvd h+g nun.eric lalxls: Wo defee to the I]istricl on Ihv lvcalian of the access to the wart side bf Ten Mi to Rru•sd char avnuld he ltx:ated on the north portion of rtes lanicek properly nr the south portion of the Cnmey property. (I) • Approval of the accesses proposed fur the north and nvrlhisvudr wllectors should lx deferred until a spociFc developman plan is praposcd in order to ilclemdne the precise Ivicetioa and fimclionalil}•. (3) Pianning Department . 33 E. oroaovay, hleddian, ID 83842 Paunrs 2l16•ab4-6633 Fa%R9a-9aB-0afi4 • w+wV.maridlencity.orq Exhibit C Page 5 EXIIIBIT A Ric ©ary Insclman Psgc 2 + The direct access from the Pedrizu peopeny to Ten Milc Road should he limited to "emsrgcncy only" omit such tuna as other acceRv Io tltm property cen be achieved. The proposed driveway access [a dee Fedriui properly on the nonhsouth eolleatur should be approved. (3) 6n the south side of the south collector rood wre recommend thsl Fast eight in- r(ght out Hest of Ten Rdile Raad be approved as well as the left inC right in -right out !orated [a ilrc wet of that aeaess. (4) We are of the opinion that the access located on the w~stem edge aC the SJIV property be approved In aonecrt with a specific developmem proposal and consideration be given la lacal3n(t it nn the common property hue with Rferidiun 11 R. (5) + On the notth side of the south aallecwr we rccatnmead Thal approval of dte acues~ immediately east of the roundabout (4) and recommend that action an the other two he deCened ('7) until a specific dcvclopmem appliratian is tendereil far consideration. In addition wE arc tmsurc of the necessity of dte 7eQ In laming movement as proposed far Hro middle access. (b) ,,.. Thank star Cur cnnsideation of our conunents. Please f'etl free to cull if ynu have any questions or would like to meet to discuss the proposed alignments. 15insc ly O Ic Priodman, rllC Depnq~ Diroctor Cc Anna Canning , }3ecky McKa9 pal Dubin Tim Curr>9 ~) ~~~s Access should be moved to the property line _ '"~"" rwxv -,~~_--- ~_ _'~~(, I r.. ~Sti: ww. ~`"$\ ~ sm +w P ' , ... I l -r- it } ~~ 1 ems{ J _I 1 1 ,! I :~ Emergency access only if approved by ACFID Exhibit C Page 6 EXIIIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACRD ~r'~~~~ w--.. '~ Rrbctta W, AfMd, I'rLxAlenl lath 5. rranaer, VxE Re5kIB11 Carol A. Md(4e, Ccmmisvorre' r°nr•..~,~"4d7r0 ~b,~rca Sara M. aakc, ra9nmce:oner QaNd L. 0354, Camal'S5pn4r March 17, 2011 Becky McKay Engineering Salutians, LLP 1029 N. Rosario Street, Strife 100 Meridian, Idaho83fi42 RE: Tan Mille lntortkango West Access Analysts Gear Becky; ACHp has reviewed the Technical Memorandum I;Memoy Irom Dcbia Englneering, Inc, dated ~egruary 15, 2011 which you hand delivered ai our meeting on March 2, 2011. Concun-enl with our review of the traffic analysis, ACHb requested the City of Meridian review and verify the land use assumptions. Eritlosed is the City of Meridian letter dated March 14, 2Dt 1 verifying general agreement with the land use assumptions as well as comments nn the proposed acoess points. The Memo referencadl using nfarrnalon hom lke Lackner Study Inr the Ten Mile Interchange as well as the study prepared by HDR. Please provide ooples of the relevant sBdions from Ihese studies from which the information was obtained. The Memo also references Appendix A. B and C. These were not included in the submittal Please provide a copy of the appendices, ACHD offers the fallowing ctxnrnents on the proposed access points absent the information requested above. t`or consistency of review of the torrrrnants I will utilize the numeric Labels from the CIIy's letter and attached map: • The north access road {1) located on the south portion of the Carney property Is listed as a new signalized intersection in the Mama. A signal has not been approved at this location by ACRD and will not be cwtsidered at ihie time. Mane of the inforrnatian and dale submitted to date from any source has Indlceted the need to sgnakze this future Intersection. Reuisa the Memo to remove the consideration of a signal at this location. The proposed bcatlons for [he accesses on the noAh colector and Ilte norihlsouth collector l2j generally conform to ACHD policy as proposed and would be approved. + The proposed direct eceeaa to Ten Mlle Reed rrom the ~edrizzl parcel (31 wee leaf afwwn ae an emergency access only. There Is no explanation as to why the proposal now indudes a direct access to Ten Mite Raad. This access does not conform to ACHI] policy and will not be Considered. The access fo the street at the west side of the parcel tanforms to ACHa polity and would 6e approved. • The proposed stress point laaatons an the south colleotor (4, s, ti, 7, and BJ generally conform to ACHD policy. ACH~I will withhold comment on the Function and operation of the accesses until [he infannatlon requested above has bean provided. • Tke proposed right-ofivay layout appears to be sufficient fix the prapos®d roadways. l would suggest a more detaltet! review of ll}e required right-of-w2y for fhe various rgadway segments with both ACHD and the City of Meridian before legal descriptions are prepared. Pda Gvurny Hi9hrraY Ois9rict • 7775 Adams Street • Garden Gty, IG • 6371+1 • PH (208] 307-G108 • Fx 387-G79J • www.xhJ.edaid.us Exhibit C Page 1 EXHIBIT A As we discussed, appreval of any access points will be cdntingeM upon the parcels developing consistent with the land use as3umptions within the Ten Mile Interchange $peCl(14 Area Pian and are subject td change or nl~ficafion 'rf the prapdsed land uses andlor traffic oondifions change in the suture. All future d®velopment of the percale will 6a su6Ject to fhe AGFItS policy In Qflect al the time the application is received b]r i4Ckl[3. If you have any quElstions you may ccntast me x1387-0170, Sineerely, r; _. r; ___. ... --.. Gary Insslman Il9anager, flight-of-1Nay and l~evetopmenk Services Enclosure; City dI Merldis-n letter dated March 14, 20t 1 Cc Rate 1=riedrnan, Cify di Meridian Pal dcbie Exhibit C Page 2 EXIIIBIT 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 MHe 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 properly 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 ale 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 OwnedDeveloper shall amend the Development Agreement to includ® a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integrafion 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 secfion designs shall be consistent with those identified in the TMISAP. Alleys and lanes maybe permitted. o. 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; pazking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f. Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west 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 parks and other public spaces in site design. 1. Building location and design oriented towazd 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 pips to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized imgafion system when it is determined to be available by the Public Works Depazlment. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the properly: ["(-)" prohibited; "A" accessory] Constrnction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXIIIBIT 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, gazden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. • , ~ , ~, 5. A lineal pazk azea consistent with the TMISAF 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. Tha 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 aze roquired 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 & A-E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance applicafion. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten MHe Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. ~ ~ , 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 ale 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 standazd 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 Departrnent 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 properly at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Annexation Legal Descriptions & Exhibit Map Decernber 22, 2011 t3E5CRIPTION TOR G'GDRIZ`L!'1"EN f411LE LLC PROPOSFI) G-C ZC)NINC: A parcel of land located in the NC'In ol'thr SL-'. Y~ of Section I5, T3N., R.116'., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the northeast earner of the SE 1/4 (tlte East'/ corner of said Section 1 ~), the REAL POINT OF IiEGINNINC of"ibis description, fmm which the Southeast corner of said Section I S bars South 00'30'ti3" N+est, 2C59.4G feet Thence South OU"3U'U3" Nest, ~' 78,pU feet along the east line of thr NE Yr of the SG 'ri lu a point, Thence North 89°14'44" l~$st, ROO.Qp feet parallel with the north linrofihe NE't, al'the SL Y. l0 a poirtt, 'Chance North 00°30'03" Cusl, 278.IHY t'~t pw•allel with the east line of tltr NE % ttl'the SG Y, to u pnirn on the north line of the 1hE '.i ol'thr Sf: h; Thence South 89°14'44" ff°:ast, ROU•BU feet along the north line of the NE 'h ol'tbr Sls'i. [n the 1'OIN'I' OIr 1iEiCa1NNMG. Coruaining S.1 l acres, mare or les. 4a-.IIS'•FEURIZZItGC) UES.LIUC' Exhibit C Page 7 EXHIBIT A Uecemher 22, 241 ] DESCRIPTION FOR JANICEK FROPERTIES LLC PIIIlI'OSED C-C ZONING A pnncel of laud located in the NE'/. of Section I S, T.3N.. R.l W., B,VL, Ada County, ldalta, mare particularly described us 1i7llaws: C.'antmencing at the southetsi corner of the NE 1!4 (the. East 'r.S corner} of said Section 15, the REAL POINT OF [IECINNINC ul'lhis description, [rum which lltc Northeast comer ofsaid Section IS bears Noah 04°33'38" Fast. 2658.27 feet: Thence North 89° 1A'~FJ" West., 17h5.49 feat along the sotdh line of the NL• Ya to n paint; Thence North 04°45' 1 b" Easl, 56.571'ccl to n point; Thence North 2a°AS'24" Wcst, 115.33 ltel lu n point; Thence North lb°29'52" Well, 98.83 feet to a paint; `111enee Nardl 44° 14'AA" West, R0.93 feel to a point of cun~alure; Thence 342.50 feet along a curve to the right, said curve having a central angle of 24°24'07", a ntdius ai'965A4 feet, tlntl tt lung chord \vhich beats Nortlr 45°55'24" East, X44.74 feet to a pain of ie\erse cun'antre; lllence 449,41 fret alrnrg u curvy to dte tell, said curve Ituving a central angle nF24e52'43", n ldius of 1435.4U ltet, and a tang chord which Fars North 03°39'41" I-:ast, dd i.89 Yeec to a point al` iL'VCI'SC CUr\ JinrC; Thence 187.93 feet along a cun'e la the right, said curve Ira+'ing n central ongle of 09°14'33", a radius of 1 165.04 feel, and n long chard \+'hich betlrs North Q4°I O"43" Nest, 187.72 feel lu tl paint of tangency; Th~tituc Nonh nU°2T 13" Gast, 21.19 l'ccl to u poial ~n the nortt ling aC lha SW !C of the t~E '/.; Thence South 89°l5'45" Eust, 469,461i~a along the nanh tine of the SW '/a of the NE 4i tv the nortltcast corner of the S1~+ ''%I of the NE /a; Thence South 89°15'45" East, 1724f)7 feet nlnng lbe north line ufthc ti[?'/. ol'ilte NL'. Y~ to the northeast earner of tltc SE !f, of the NE'fi; Thence Smtth 44°33'38" Wcst, ] 329• I l feet along the cast ling of the SE. %i of the NE'/~ to the POINT' C)F F3EG[Nh'IN(. Containing S4.GG acres, more or le-ss. 9g4IRVAYICEK (CCJ_DES.DQC Exhibit C Page 8 EXHIBIT A r?ecember 22, 2Ul 1 DCSCRIPTION FUH JAINICEK PROPF.2T1);S LLC P[t()1'[)SF.1)'I'N=C LON)NG A pattzl of land located in the NE % aP Set:tion I S, T.3N., R. I W., B.IVL, Ada Couuly, Idaho, more particularly described as litllaw's: ('utttntencing at the southeast cnruer nl'the NE ] J3 {the Gast %, cooler) of said Szction 1 S, from tvhich the Northeast corner arsuid Settian IS bents North 00°33'3$" rasa, 2G5$.? 4 Feet; Tlrencc North 84°14'44" Wesl, (7+45.49 feet Along the south lint of the NF. '/. to the It1AL I't:11N'r pF RFGiNNING of this description; TherlCe Nortll $~° 14'44" Well, 897.G9 feet along avid south line. to the sauthvvest corner nl'ttte 5 W 'l, of the NC'/~ (the C"zntet' '/~ corner of said Section lS ); I-hznee North f)U°3G'S I"East, l32$.$4 feel along the well line ol'the SW !/, ol'the Nk !4 En [lie rtorthwest corner ofthe s1v %, of the NE l r4: Thence South 89°I5'US" Etrsl, 851,90 1`zet nlnng tltz north line of the S W % of the NF. !/° to a point; Thence South t)[7" 2T 13" 1Aresl, ? 1.59 Feet to a paint of cur.`aturc; l'hence 187.93 feet along a curve to the left, said curve having u central tm[;Ic o(U9° l4'33", a radius of 1 IGS.00 lac[, and a tang chard tvhich bents Sautlt 04"1 [)'tli'" Fast, I R7.72 Feet to a point aF reverse curvature: Thenct 449.41 Teel slung n curve ut the right, snid cun`e having n cenu•al angle nt'24"2`43"', a radiusot' {U35.tN7 feet, and n lung choral tvlt3clt liars South Q3'39'UI"West,. 445,89 Fzei to a point of ~vcrsc curvature: Thcncc 342,.19 lee! along a curve to ih~ left. snid curve having a czntrel angle of'0"?U'F)7", z rndiua of 9Gi,aa Cect, and n long chord which bsurc South OS°j5°2a" W`ca, ;540.74 I`eet In u rxiint of lan~,enCV; Tluncc South 43°14'34" lia9t, 80.93 feet to a point, "I"hence South lti°29'52" East, 98.83 Fcct to tt point; Thcncc Soullt 24°45'24" Lusl, 115.33 leer to a point; Thence South UU"4S' 1 Ei" West, SG.S7 i'cet to the I'O1NT 01? BEGINNrN~r Contaitting?S.9fi acres, more or less. RR11R''.IANtCF.IC tTN-C) DES.DOC Exhibit C Page 9 EXHIBIT A Dcccrnbcr 22, 2411 5JJV LLC' PRC)POSGD C-C ZONING A parcel of land located in tht Nl;'J. nl'the SE'L, of Section l5, T3N., R.l R'., B.4L, Ada County, ldahc, lucre pariiculaely descrihc~i as follows: Corumencing at the northeast cnruer of the SG ltd (the East'.~n comer of said Scrolion 15), fmrn which the Southeast comer of said Section 15 l+cars tinullr p4"}0'03" West, 2659.46 feel; Thence Nor Ih $9° 14'4~t" Next, SW.00 feet alvnE the north ]in[ of the NC '/a of the SC Y~ lu the REAL PANT OF BEGINNING ol` this description; Thence South 04°30'43" Well, 167.91 feel parallel with the east lnteoFtlrc NE !/ oPlhc SE'r5 to a poial; "Thence Nm•th R9`29'S?" Wcsl, 55,00 lent to a point of curvature; Thonce 179.73 feel along a curve to the le1Z, said curve having a central angle of A l° 11'29", a radius of 250A0 feet, and a long chord which gears South 6+3°54' 19" t4est, 175.89 fret to o point of tangency; Thence S 49'18'34" West, 195,51 feet to a point ot'curvature; Thence 1?0.12 feel along a curve to the right, said curve having a central angle of 39°42'01 ". a rallitrs ol'254.fN] feet, and. a long chord which bct:rs tinullt 68°49'14" West, 167.()4 fee[ to a point on the west line ol'lhe NIA %, of the SE 114; Thence North 40°33'27" I_,asl, 422.51 faet along the west line of the NE'%+ of lho SE !!, to the nnrthaest corner of the NE %, of the SG'/~; Thence South 69"14'44'° Easl, 521.59 l`eel alcitg llrc ncrlh line ol'the NE °L+ of the SE 9:; to the POINT OP BCGINNING. C'nntaitihtg 3.15 an'es, more or Ic,s. vna i ars,rv tc-c} ocs.ooc. Exhibit C Page 10 EXHIBIT A Gecamhcr 22, 20l I L1C5C'Rll'"I'1(1N FOR S,-.R~ 1.LC FROI'O5E!) -1-I'. `/_.O'sYIN(. A pnrcel ol`land 1ncNed in the NE !/a of the SE Y4 of Scclion I5, T.3N., R.l W., II,h9„ Ada Cnnn[y, Idaho, mare parliculttrly descriheCl as folluws: [:amntencing at the northeast comer of dte SE I f4 (khe Ettst % corner of said Seetiun I3), from which the Southeast canter of said Setaian I ~ bean South 00°30'03" 1Vcst, 2659,46 IccC 'I hence South t}0" 30'DS" West, 278.00 Fcet almtg khe oast lira of the NE 'A nC llte SE '.'. Ca dre REAL POINT OP BEGINNING of Cltis description; 'rhence South 00"30'03" West, 73G.7d feet along the e¢st Ihte of the NE''i ofthc SE ~F, to a point; Thence North 89°34'08" Wtsl, 233.31 feel to u point int the norlherl}'right-of-a~ay' ol'Intermte $4; '11ten4e alon8 the said northerly right-of-vcay the follo~t~ing catu•ses and distances: Thence South 47°33'US" V.+es[, 1 89.09 list; thence 3auilr (sti"j4'3k1" West, 105-73 feet; Thence South 80`09'21' Wcsl, 15U.1li fee;; Thent:e Soullt 7fi"ill' 13" West, 331).69 feet: Thence Snutlt 79°54`2G" 1~Crest, 177.77 feet; Thence South $4°46`38" Walt, 1ti2.75 fezt; "1 hence South 88°47'05" West, 108?8 Peei to a point on the west ]ine of the NE 'r:i of the SE I, i; Whence leaving .aid nrrthe.ly right nFwa}' Nnt7h UD"33'2'7" fast, 117ti 73 Fcet along, the tv,st line ol'tlw NE !/~ al'thc SE'/~ to a paint un n curve; 'Thence 170.32 feet along a curve to the leR. said curve having a canu•al angle of 39aU2'Ul ", a radius of 2511.Uf) I`eet, and a tang chard which bears Nnnlt G$°44'Sa" Cast, IG7-Od Feet to a point ni' tangency; I'hcncc Notth 49°18'34" Fast. 191,51 Fcct to a paint ofeunaturc; Thence 179.73 feet aloof; a currc to khe right, said curve having a ccnlnd angle of X11° I I'29", tC radius of 250.00 leel, and a long, ihnrd wltieh Isears Nnnh G9°54' 19" Gast, 171-89 teat to a paint cl' tangency: Thence 3aulh $9°?9'S7" E¢sl, 55.00 feet to a point: M]JI&SJJV YII-L-)_DES.DOC Exhibit C Page 11 EXIIiBIT A Tltcnee Sanlh OU°3[)'(13" West, I 1 O.d91'nl, pfrtnllel with the ezrsl lint of the NI"; ',S of the SE Y. to a point; Thence Soulh 89°lA'44" East. 880,00 feet parallel with 4te north line gFthe NE'.6 ofthe SC'/i la the POINT OF f3@(+INP71NCi. CuntFiiuing 2.17 acres, mmc or less. 17..1$ PSI iii ` 1 ~ I ~F'~ . ~"~..~`~'3W ~rii Il u ~ .~ <~. nv. law in uq ~i .M~NLNICBLLC NY/O®MOAN° ~INAtl~ ' . I I ~ ~f i ~ ~ i i ~ E~ I L1 d ..! ¢ v.~n al n.+v ~n ;~ -.~~ ~ ~i _ ~.a.... ,g .IY®[RY9~t~0 ~ AILI~OCLRIO 1 uN~ae& g ,J Y ~ ~ v. mn ~1 ~ i ~k ~.~.. ~ a~.sm..e Ic~nQ awe ~I cuxvE rnuu- w~w.y~ ne i~ 1 ~m ~s un I I I _ I-... ~nn_m u.n _-.___._-_._.__._._._.ti -. .,, p Rye, Nu®iareua ~;a npioa®ooxo,~tq s v __ J~ ..c~ aviuc nuv®x~eaul!° asNaer ~c ya p, ..t.e..wm~.c a it i F r Exhibit C 12 Page EXIIBIT A C. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shell, 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 Mils 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 far 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 fmds 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 fmds 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 ([JDC 11-SB-3.E). The City Council fmds 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 fmds 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