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Staff Report 2/6/14 Hearing PZChanges to Agenda: None Item #4A & B: TM Creek (AZ-13.015; PP-13-030) Application(s): - Annexation & Zoning - Preliminary Plat Size of property, existing zoning, and location: This site consists of 41.03 acres of land, is currently zoned RUT in Ada County, and is located at the SEC of W. Franklin Road & S. Ten Mile Road. Adjacent Land Use >~ Zoning: North: Franklin Rd, ag property, zoned RUT & rural residential property, zoned R1 in Ada County; rural residential property, zoned I-L East & South: Agricultural property, zoned RUT in Ada County West: S. Ten Mile Road & ag property, zoned RUT in Ada County (a church is kitty corner to this site, zoned C-N) Comprehensive Plan FLUM Designation: MU-C, LC, &HDR Summary of Request: The applicant requests AZ approval of 45.34 acres of land w/C-G (35.82 acres), R-40 (3.94 acres), & TN-C (5.58) zoning consistent with the FLUM designations for this site. The applicant proposes to develop a mixed use project consisting of office & retail, from service and restaurant pad sites torrid-sized commercial, & MFR uses. A concept plan was submitted that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the pathway along the Ten Mile Creek. MFR uses are proposed within the R-40 district at the SEC of the site. The proposed preliminary plat consists of 49 building lots & 3 common/other lots on 41.03 acres of land. The applicant anticipates the development will be phased; however, a phasing plan was not submitted with the application. Access to this site is proposed via (1) right-in/right-out, (1) right-in/right-out/left-in & (1) full access via W. Franklin Road; and (2) right- in/right-out accesses & (1)full-access via S. Ten Mile Road. The concept plan depicts an approved traffic signal for the full-access (Franklin Crossing Ave.) on Franklin Road to be installed when warranted in the future. During the recent widening of Franklin & Ten Mile Roads, all of curb cuts for access were constructed & have been approved by ACHD based on the Ten Mile Area Access Sfudy prepared by HDR Engineering on behalf of the Brighton Corporation. Deceleration lanes were also constructed for the two accesses closest to the Franklin/Ten Mile intersection on Ten Mile Road and the access closest to the collector street off Franklin Road. Two collector streets, 1 east/west -Ten Mile Creek Drive & 1 north/south -Franklin Crossing Ave., are depicted on the plat via Ten Mile & Franklin Roads in accord with the transportation plan for this area & terminate in a cul-de-sac at the south property boundary. There are a total of 6 driveway accesses (3 on each side) proposed via Franklin Crossing; and 2 via Ten Mile Creek Drive. A waiver to the access standards in the UDC (11-3A-3) is needed from City Council for approval of the proposed accesses via the collector & arterial streets. Staff recommends a cross access/ingress-egress easement is granted to the property to the east for future interconnectivity. A 35-foot wide street buffer is proposed along Ten Mile & Franklin Roads in accord with UDC standards. A sidewalk was constructed along Franklin Road & along the portion of Ten Mile Road nearest the intersection w/the recent road widening project. A segment of the City's multi-use pathway system is designated through this site along the Ten Mile Creek to the Franklin/Ten Mile intersection & also along the frontage of the site along Ten Mile Road. The Ten Mile Creek bisects this site & is a natural waterway. The applicant proposes to pipe approximately 380' of the creek nearest to Franklin Road as shown & enhance the open portion of the creek with landscaping and other amenities. Because the UDC & Comp Plan requires natural waterways such as this to remain open & not be piped, staff recommends the site plan be revised accordingly unless otherwise approved by Council. A portion of this site is within the Meridian Floodplain Overlay District. Prior to any development, the applicant is required to submit a floodplain development application. Conceptual building elevations were submitted showing the type of structures that may be built within this development. All structures are required to comply w/design standards in the UDC, guidelines in the Design Manual & the design elements in the TMISAP. Written Testimony: Mike Wardle (response to the staff report) -requests the following modifications to the staff report: • Delete condition #1.1.1 k requiring the structure at the NEC of Ten Mile & Ten Mile Creek Dr. to be shifted to the comer (as the design criteria in the TMISAP calls for buildings to "hold the corners" staff does not support this request.) • #1.1.1 r is modified to include office uses north of the creek & to include the language "where feasible" in reference to buildings being designed w/multiple sidewalk entries (staff is amenable to Phis change) • #1.1.3c is clarified to only require grass within the 10' wide area proposed for future expansion along the north side of Ten Mile Creek Dr. (because only curb & gutter will be constructed along fhe south side of fhestreet w/this development staff is amenable to this change.) • #1.1.7 is modified to remove the reference to a specific agency from which an easement is required for the pathway along the creek) (staff is amenable to changing the language from Bureau of Reclamation fo "appropriate agencyn) Staff Recommendation: Approval w/conditions STAFF REPORT TO: FROM: SUBJECT: Hearing Date: February 6, 2014 (Continued from November 7, 21, and December S, 2013 and January 16, 2014) Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 ~.~Vl E IDI~ IAN;;.., ~J Bruce Freckleton, Development Services Manager 208-887-2211 AZ-13-015; PP-13-030 - TM Creek I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, has applied for annexation and zoning (AZ) of 45.34 acres of land with C-G (35.82 acres), R-40 (3.94 acres), and TN-C (5.58 acres) zoning districts. A preliminary plat (PP) is also proposed consisting of 49 building lots and 3 common/other lots on 41.03 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-13-015 & PP-13-030, as presented in the staff report for the hearing date of February 6, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-13-015 & PP-13-030, as presented during the hearing on February 6, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-13-O15 & PP-13-030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the NW '/4 of Section l4, Township 3 North, Range 1 West. (Parcel #'s: S 1214223250; 51214212560; 51214212800) B. Owner(s): SCS Brighton, LLC 12601 W. Explorer #200 Boise, Idaho 83713 TM Creek AZ-13-O1~: PP-13-030 PAGE 1 C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer #200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. 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: October 21, and November 4, 2013 C. Radius notices mailed to properties within 300 feet on: October 10, 2013 D. Applicant posted notice on site(s) on: January 17, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: l . North: Franklin Road, agricultural property, zoned RUT and rural residential property, zoned R1 in Ada County; and rural residential property, zoned I-L 2. East: Agriculttiral property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: S. Ten Mile Road and agricultural property, zoned RUT in Ada County (a church is kitty corner to this site, zoned C-N) C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. b. Location of water: Water main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. c. Re-use pressurized irrigation water: Re-use irrigation water service is currently stubbed into the subject property along W. Franklin Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Creek bisects this site; the Kennedy Lateral rims along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. TM Creek AZ-13-015; PP-13-030 PAGE 2 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: Portions of this project are located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). LAND USE: The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with the following land use types: Mixed Use Commercial (MU-C) (32+/- acres), Lifestyle Center (LC) (6.36+/- acres), and High Density Residential (HDR) (3.12 +/- acres). MU-C: The majority of the site is designated MU-C. MU-C designated 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. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See pg. 3-9 for more information.) LC: A small portion of the site along the southwest boundary is designated LC. The LC designation is a specific form of Mixed Use Commercial. LC designated areas encourage a diversity of compatible land uses in a unified development that includes a mix of retail, professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be provided that create rich and enjoyable public spaces. The target overall average density for residential uses is 16 d.u./acre, with higher densities of up to 40 d.u./acre allowed. All residential uses should be above the first floor. Structured parking or heavily landscaped and screened surface parking is a necessity. On-street parallel, angled head-in parking and the integration of public transit into the lifestyle center should be considered as options. Community gathering places should be provided to create a sense of place. (See pg. 3-9 for more information.) HDR: A small portion of the site along the east boundary is designated HDR. HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments within the HDR areas should fall within or below this range, although smaller areas of higher or lower density may be included. HDR areas are relatively compact and are located close to larger MU-C and employment areas and other intensively developed lands. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. (See pg. 3-7 for rr2ore inforr~~ation.) A conceptual development plan showing how the site is proposed to develop was submitted with this application and is included in Exhibit A.4. A mixed use development is proposed consisting of office TM Creek AZ-13-O1 ~; PP-13-030 PAGE 3 and retail, from service and restaurant pad sites to mid-sized commercial, and high-density residential uses. A large central common area is proposed adjacent to the Ten Mile Creek that will provide a public pedestrian facility as an amenity along the creek. The TMISAP contains a Zoning District Compatibility Matrix which lists the best, possible, and marginal choices for zoning of the different land use categories based on the zoning districts that comes the closest to meeting the intent of the land uses in the plan (pgs. 2-3 thni 2-7). The applicant proposes to rezone all of the LC designated area and the majority of the MU-C designated area with the C-G zoning district which is listed in the matrix as a possible choice for those areas. The portion of the site that is designated MU-C and HDR is proposed to be rezoned to the TN-C district which is not listed as a choice in the HDR area but is listed as the best possible choice in the MU-C area. The applicant proposes to rezone the HDR designated portion at the southeast corner of the site with the R-40 zoning district, which is listed as the best choice for that area. Overall, based on the proposed uses and the matrix, staff finds the proposed zoning choices are consistent with the TMISAP and are the best choices for this area (pg. 2-5). TRANSPORTATION: The Transportation System Map and the Street Section Map contained in the TMISAP identifies a collector street network for the Ten Mile planning area, a portion of which is designated for this site. Guidelines from the Plan (S. Ten Mile Road): South Ten Mile Road runs along the west boundary of the site. Street Section A (see detail below), which represents a modified 4-lane parkway, represents S. Ten Mile Road. This parkway is anticipated to enhance the look and feel of Teu Mile Road and to provide additional buffers to adjacent properties. The parkway is designed to provide rapid and relatively unimpeded traffic movement throzrghoul the area and carry high volumes of traffic to mixed use and employruent centers. The parkway serves as an arterial road and access is restricted to collector streets. Buildings should address the street but should be set back some distance, fi°orn the roadway edge to provide wide tree lawn acrd detached trail to provide security to the pedestrians and bikes. A tree lawn or planting strips should be provided in all areas. Streetlights should be located in the tree/lawn area and should be of a pedestrian scale while street lights in the median shoarld be designed to meet vehicular needs. Applicant's Proposal: The applicant proposes a 35-foot wide landscaped street buffer along Ten Mile Road in accord with the Plan (see detail below). An attached sidewalk is depicted on the concept plan which does not comply with UDC or TMISAP standards. There is a temporary attached asphalt pathway that currently exists along Ten Mile Road. Two (2) right-in/right-out driveway accesses are proposed via Ten Mile Road. TM Creek A7.,-13-015; PP-13-030 PAGE 4 EN~ELCPE r- ~~ ~~_ LANDSCAPE BUFFER BDUNDARY ~o~ Landscape Buffer: Ten Mile Road ~ Scde: 1'= 30'-D' Staffls Recommendation: The temporary pathway should be removed and a new 10-foot wide detached pathway should be constructed within the buffer area some distance from the roadway. Buildings should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway. Street lights at a pedestrian-scale should be installed within the sheet buffer in accord with the Plan. The two driveway accesses via Ten Mile Road are not supported by the Plan and require a City Council waiver to UDC 11-3A-3 for approval of the accesses. ACHD has approved these accesses (see letter in Exhibit A.6). Guidelines from the Plan (East/West Collector): An east/west residential collector street is depicted on the Map along the southern boundary of this site to be constructed in accord with the design shown in "Street Section D" of the Plan which represents a residential collector street (see detail below). Street Sectlo~ Q Applicant's Proposal: ~.~b ~,~, ... _ _ ~ ,._ The proposed plat depicts a collector street (Ten Mile Creek Drive) along the southern boundary of the site as anticipated on the Map. However, because residential uses are not proposed along the north side of the street, the applicant is not proposing to construct a residential collector street as called for on the Map. The proposed street section consists of a 3-lane collector street with amedian/turn lane, bike lanes, 8-foot wide planters and 5-foot wide detached sidewalks within 78 feet of ROW. An extra 10 feet on each side is proposed to be preserved for future roadway expansion (see detail below). TM Creek AZ-13-015: PP-13-030 PAGE 5 98.00' PRESERVED FOR FUTURE ROADWAY EXPANSION 10.00' PL 78.00' ROW PL 10.00' PRESERVED PRESERVED FOR FUTURE FOR FUTURE 1.50'_ 5.00' 8.00' 5.00' 11.00' 13.00' 11.00' 5.00' 6.00' 5.00' 1-~~ ~~~~~ '~~ SIDEWALK PLANTER 2.00' BIKE LANE TURN_LANE LANE BIKE 200' PLAN'LER SIDEWALK Staff s Recommendation: TEN MILE CREEK DR 3 LANE COLLECTOR W/MEDIAN Based on the site layout and uses proposed by the applicant, Staff agrees a residential street collector is not appropriate for this area. The proposed street section appears to closely align with Street Section C in the Plan with the addition of a turn lane (see detail below). Street Section C represents the major collector streets. These streets provide access from adjacent arterial streets into the employment areas. Buildings on these streets are set back from the street at some distance generally behind a detached sidewalk. A tree lawn shozrld be provided in all areas. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. A 5 foot wide dry-utilities corridor should be provided along both sides of the street curb. The corridor may not be required if all dry utilities are located in air alley or other street. street Section C 119 . {i~ :i!FIF II.= ~.'..;p Staff supports the applicant's proposed street section with the recommendation that streetlights of a pedestrian scale are provided within the tree lawn area. The area preserved for firture ROW will allow for future expansion if warranted by ACHD and should be planted with grass in the interim. Guidelines from the Plan (North/South Collector): A north/south minor collector street is depicted on the Map through this site to be constructed in accord with the design shown in "Street Section E" of the Plan, which represents a minor collector street (see detail below). Minor collector streets in the Ten Mile area serve as the primary retail streets; their character is pedestrian-oriented and defined by street-level store, fronts. Buildings on these streets are built to the sidewalk with 12 foot wide sidewalks, street trees in wells, and pedestrian scale lighting. Ample on- streetdiagonal parking supports the businesses within the LC and MU-C areas. This section may be modified to allow parallel parking as a local section in these areas. The Plan recommends a S foot dry utilities corridor be provided along both sides of the street curb; the corridor rr7ay not be required if all dry utilities are located in an alley or other street. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. TM Creek AZ-13-O15; PP-13-030 PAGE 6 ~ ~: ~~ Street Section E [Od.~D;~iurtLi drtsn:-e Applicant's Proposal: The proposed plat depicts anorth/south collector street (Franklin Crossing Ave.) through the site as anticipated on the Map. Three different street sections are proposed consisting of the portion north of the creek, the bridge, and the portion south of the creek (see details below). The street sections for the portions north and south of the creek depict a proposed street layout as well as a future layout within the same ROW width for expansion if traffic warrants such in the future. es.oo• Row PL 8.00' 7.00' 14.00' 14.00' 7.00' 8.00' PARKING BIKE LANE E LANE BIKE PARKING 8 OD' 7.00' 5.00' 1100' 13.00' P,fEDIAN~ 13.00' 11.00' 5.00' 7.00' SIDEWALK 2.00 BIKE LANE LANE TURN LANE LANE LANE BIKE 00' SIDEWALK 2 r . • FUTURE FUTURE FUTURE ---~- ----- UTURE FUTURE FUTURE 0 ~ 0 ~_~ ~ 1 ~~ 0 ~~ , REMAINING SIDEWALK CONSTRUCTED WITH BUILDING FRANKLIN CROSSING AVE NORTH OF CREEK i REMAINING SIDEWALK CONSTRUCTED ' WITH BUILDING 100 00' ROW F C 7.00' 6.50' 12.00' 70.00' 13100' 10.00' 12.00' 6.50' 7.00' BOd nn SIDEWALK BIKE LANE LANE TURN LANE LANE LANE BIKE SIDEWALK 8.00' F:1 I FRANKLIN CROSSING AVE BRIDGE SECTION TM Creek AZ-13-015; PP-13-030 PAGE 7 98.00' ROW 9.00' 7.00' 1400' U.00' 7.00' 8.00' PARKING BIKE LANE f LANE BIKE PARKING 5.00' 5.00' 8.00' 6.00' 1100' 13.00' MEDIANi 13.00' 1100' 5.00' B.00' 5.00' ~-EW-A~LK{~ PLAPLA--N--TER~~2.00 BIKE LANE LANE TURN LANE LANE LANE BIKE .00' PIANTER SIDEWA FUTURE FUTURE FUTURE 1 FUTURE FUTURE FUTURE ~""_ _ ' " FRANKLIN CROSSING AVE SOUTH OF CREEK North of the creek: The proposed plat depicts 86-feet of ROW consisting of a median/tuns lane with two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 7-foot wide attached sidewalks and an additional 2.5-foot wide section of sidewalk outside of the ROW. The ultimate width of the sidewalk is proposed to be 9.5 feet. Trees will be installed in wells within the sidewalk area. The street section also depicts a future plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Bridge section: The proposed plat depicts 100-feet of ROW consisting of a center turn lane, four (4) travel lanes, bike lanes, and attached 7-foot wide sidewalks with an additional 8-foot to the property line. South of the creek: The proposed plat depicts 98-feet of ROW consisting of a median/turn lane, two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 8-foot wide planters and 5-foot wide detached sidewalks. The street section also depicts a fi-ture plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Staffls Recommendation: The proposed and future street sections appear to closely align with Street Section E in the Plan (see detail below). Street Section E represents a rrrirror collector street irr the Ten Mile area which serves as the primary retail streets; their character is pedestrian-oriented and defined by street-level storefronts. Buildings on these streets are built to the sidewalk with 12 foot wide sidewalks, street trees in wells, and pedestrian scale lighting. Ample on-street parking sarpports the businesses within the LC and MZI-C areas. The Play recornmerrds a 5 foot dry utilities corridor be provided along both sides of the street curb; the corridor may not be required if all dry utilities are located in air alley or other street. Both wet utilities naay be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. Staff is of the opinion the proposed and future street sections are generally consistent with the Plan with the exception that the sidewalk north of the creek should be widened from 9.5 feet to 12 feet to accommodate more pedestrian traffic in accord with the Plan. Therefore, staff recommends the proposed north south collector street is constructed in accord with the street sections proposed by the applicant. At such time as traffic warrants and is deemed necessary by ACHD, the roadway may be reconfigured to a 4-lane roadway with no on-street parking as proposed. Because initially Franklin Crossing will be configured as a two lane roadway, the bridge section should be configured TM Creek AZ-13-015: PP-13-030 PAGE 8 accordingly and may be restriped in the firture if warranted by ACHD to accommodate more lanes of traffic. Street Sectio au~u-ua~turu unuaxxe DESIGN: The location, scale, form, height, and design duality of public and private buildings and spaces are integral to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are intended to serve as the basic framework for projects within this area. The matrix on page 3-49 lists the following design elements (& associated page numbers) as applicable to MUC, LC, and HDR designated areas: architecture & heritage (3-32); commercial & mixed use buildings and residential buildings (Street-Oriented Design 3-33); buildings to scale (3- 34); neighborhood design (3-36); building form and character (3-37); building details (3-41); signs (3- 46); and public art (3-47). The following are some important design elements noted in the Plan that should be considered with development of this site: • Buildings at or close to the property line facing the street -main entrances/facades should be oriented to the street; • Buildings should relate effectively to the fronting streets by aligning and being as continuous as possible; • Buildings at street corners should "hold the corners"; • The space between a building fagade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees; • Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; • Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection; • Provide elements that become focal points and announce special places in the Ten Mile area (gateway & entryway corridor signs, continuous walkways, attractive streetscape design, avoid parking in front of buildings, landscaping, etc.); • Architectural character should establish a clear sense of identity for each activity center through an overall palette for each commercial center while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc.; TM Creek AZ-13-O15; PP-13-030 PAGE 9 • Low-rise buildings of 2-4 stories over much of the area is recommended with opportunities for taller buildings in a few locations; • For streets & block fronts where commercial uses and pedestrian activity are most desired, it is recommended that sidewalks be lined with shops, restaurants, and galleries and that buildings be designed with multiple sidewalk entries, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; • Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting; and • Public art that contributes to the character and identity of the City should be incorporated into the development in the design of streetscapes, plazas, public spaces associated with buildings, etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies, or visible from the street or publicly accessible open spaces rather than interior courtyards). Staff recommendation: Staff finds development of this site is generally consistent with the above guidelines for the following reasons: the concept plan depicts buildings located at or close to the property lines facing most of the streets; buildings are generally in alignment; the concept elevations depict two story buildings within the TN-C and R-40 districts; outdoor seating along the walkways in the TN-C district; transom windows and awnings; and signs contributing to the feel of the pedestrian oriented portion of the development. As the Plan calls for buildings to "hold the corners", staff recommends the building shown on the concept plan at the northeast corner of S. Ten Mile Road and Ten Mile Creek Drive be shifted to the corner in accord with this guideline and consistent with structures on other corners of the site. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "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." (3.07.01 E) The applicant pi°oposes to include a high density residential component with this development which should add to the variety of residential categories and contribute to the range of housing opportunities available within the City • "Lnplement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations." (6.02.O1A) Several segments of the City's rnUlti-use pathway system are designated on this property along Ten Mile Road, along the portion of Franklin Road near the Franklin/Ten Mile intersection and along the Ten Mile Creek. These pathways will provide pedestrian and bicycle connectivity to and through this development. • "Provide housing options close to employment and shopping centers." (3.07.02D) The portion of the site proposed for multi family development will be in close proximity to the portion of the site proposed for commercial and employment uses. • "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) TM Creek AZ-13-O1 ~; PP-13-030 PAGE 10 A 35 foot ti~~ide landscaped street bz~er is proposed along S. Ten Mile Road, an entrytivay corridor, as required by UDC Table 11-2B-3. • "Improve and protect creeks throughout commercial, industrial, and residential areas." (5.01.01 E) The Ten Mile Creek runs diagonally through this site, from the northwest corner to the east boundary. Approximately % of the length of the creek is proposed to be improved as a water amenity with a recreational pathway. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.OS.O1J) The proposed development will provide a variety of conunercial, retail opportunities that don 't currently exist in this area of the City. • "Incorporate creek corridors as an amenity in development design." (5.09.01 F) The proposed development incorporates the Ten Mile Creek as an amenity to the development with landscaping and a recreational pathway. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: 1. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). The largest scale and broadest mix of retail, office, service, and light industrial uses are allowed in the C-G district and are located in close proximity and/or with access to interstate or arterial intersections. 2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the laud and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one or two mile radius. The TN-C district is pedestrian oriented and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C district uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. 3. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The high-density residential (R-40) district allows a TM Creek AZ-13-015; PP-13-030 PAGE 11 maximum gross density of 40 dwelling units per acre (UDC ll-2A-l). B. Schedule of Use: UDC Tables 11-2A-2, 11-2B-2, and 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40, C-G, and TN-C zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 1 l -2A-8, 11-2B-3, and 1 1-2D-5 for the R-40, C-G, and TN-C zoning districts respectively. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 1 1-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses and UDC Table 11-3C-6 for multi-family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 45.34 acres of land with C-G (35.82 acres), R- 40 (3.94 acres), and TN-C (5.58 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designations of MU-C, HDR, and LC. The applicant proposes to develop a mixed use project on this site consisting of office and retail, from service and restaurant pad sites to mid-sized commercial, and multi-family residential uses. A conceptual development plan was submitted for this site that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the pathway along the Ten Mile creek (see Exhibit A.4). Multi-family residential uses are proposed within the R-40 district at the southeast corner of the site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Preliminary Plat (PP) The proposed preliminary plat consists of 49 building lots and 3 common/other lots on 41.03 acres of land. The applicant anticipates the development will be phased; however, a phasing plan was not submitted with this application. With the first phase of development, staff recommends a phasing plan be submitted. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards of the C-G, TN-C, and R-40 districts and found the plat to comply with the applicable standards. Buildings should be setback from the property lines in accord with the minimum standards and shall comply with the minimum number of stories and/or maximum building height as required in the applicable district. Access: The UDC (I 1-3A-3) limits access to arterial and collector streets to improve safety by combining and/or limiting access points to such streets to ensure that motorists can safely enter TM Creek AZ-13-015; PP-13-030 PAGE 12 all streets. Prior to any new, expanded, or extended use or development of the property, where access is not available to a local street, cross-access/ingress-egress easements are required to be granted to adjoining properties. These standards apply unless waived by City Council. Access to this site is proposed on the plat as follows: (1) right-in/right-out, (1) right-in/right- out/left-in, and (1) full access via W. Franklin Road; and (2) right-in/right-out accesses & (1) full- access via S. Ten Mile Road. The concept plan depicts an approved traffic signal for the fi~ll- access (Franklin Crossing Ave.) on Franklin Road; the signal will be installed when war~anted in the fixture. During the recent widening of Franklin and Ten Mile Roads, all of these access points/curb cots were constructed. Additionally, deceleration lanes were constructed for the two accesses closest to the Franklin/Ten Mile intersection on Ten Mile Road; and a deceleration lane and left-in access was constructed for the access closest to the collector street on Franklin Road. Based on the Ten Mile Area Access Study prepared by HDR Engineering on behalf of the Brighton Corporation, ACHD has approved these access points as stated in the letter attached in Exhibit A.6. The UDC restricts access points to arterial streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of the proposed accesses. Two collector streets are depicted on the ACRD Master Street Map to be constructed across this property -one north/south connection via W. Franklin Road and one east/west connection via S. Ten Mile Road. The proposed plat depicts collector streets (Franklin Crossing Ave. & Ten Mile Creek Dr.) in the areas depicted on the map. Ten Mile Creek Drive (at the southwest corner of the site) comes into the site approximately 400 feet and terminates in a eul-de-sac. Because the property boundary is irregular in this area, the street will not be extended until such time as the property to the south develops. Franklin Crossing Avenue also terminates in a cul-de-sac at the south boundary of the site and will evenhially connect to Ten Mile Creek Drive when it is extended in the fiihu~e. In addition to the above mentioned access points from the adjacent arterial streets, access via the internal collector streets is proposed as follows: 6 access points (3 on each side) are depicted on the site plan via Franklin Crossing Avenue [2 are full accesses; 1 (the one closest to Franklin Road) is a right-in/right-out]; and 2full-accesses are depicted via Ten Mile Creek Drive. The UDC restricts access points to collector streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of these proposed accesses. In order to limit access points via the arterial and collector streets, staff recommends a cross-access/ingress-egress easement be granted to the property to the east (parcel #51214212620) in accord with UDC 11-3A-3. Comments have not yet been received from ACHD on this application. Water/Sewer Service: The proposed subdivision will be serviced by existing water and sewer main stubs in S. Ten Mile Road and W. Franklin Road. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the available City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of this development. Storm Drainage: Storm water drainage is proposed to be managed and detained in underground seepage beds on-site in accord with City, ACHD, and NMID requirements. Multi-Use Pathway: A segment of the City's multi-use pathway (Ten Mile) system is designated on the Pathways Master Plan through this site along the Ten Mile Creek to Franklin Road and TM Creek AZ-13-015; PP-13-030 PAGE 13 west to the Ten Mile/Franklin intersection. Another segment is also designated along the frontage of this site on Ten Mile Road. The landscape plan depicts a 10-foot wide regional pathway along the southwest side of the creek in accord with the Plan connecting to the sidewalk along W. Franklin Road. However, the pathway dead-ends at the west side of Franklin Crossing Avenue near the east boundary of the site. Staff recommends the 10-foot wide pathway be extended internally at its fill] width north to the sidewalk along W. Franklin Road and to the east property boundary for future extension. The pathway should switch to the north side of the creek on the east side of Franklin Crossing Avenue. A crosswalk should be provided across Franklin Crossing Avenue for the pathway. A temporary attached asphalt sidewalk exists along Ten Mile Road that was constructed with the recent street improvements. Staff recommends a detached 10-foot wide pathway is constructed along S. Ten Mile Road some distance from the roadway and the existing temporary sidewalk is removed. Staff further recommends a minimum 14-foot wide public pedestrian easement for the multi-use pathway(s) is submitted to the Planning Division, approved by City Co~mcil and recorded prior to signature by the City Engineer on the first final plat. Landscaping: A preliminary landscape plan was submitted with this application as shown in Exhibit A.3. The UDC requires a minimum 35-foot wide street buffer along S. Ten Mile Road, an entryway corridor; and a minimum 25-foot wide street buffer along W. Franklin Road, an arterial street, landscaped in accord with the standards listed in UDC l 1-3B-7C. The proposed landscape plan depicts a 35-foot wide buffer along both Ten Mile and Franklin Roads in compliance with UDC standards. The UDC also requires a minimum 20-foot wide street buffer along collector streets (i.e. Franklin Crossing Avenue and Ten Mile Creek Drive). However, the UDC did not anticipate the requirements of the TMISAP for development within its boundary. Because the Franklin Crossing Avenue street section north of the creek is consistent with the Plan in that buildings are brought up to the street and wide pedestrian walkways are provided with tree wells, landscaping within that section should be provided as proposed in accord with the Plan rather than in accord with UDC standards. The remainder of the Franklin Crossing Avenue south of the creek and Ten Mile Creek Drive should be required to provide a 20-foot wide street buffer and landscaping in accord with UDC standards. Non-residential street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners association in accord with UDC 11- 3B-7C.2. A cross-section of the landscaping proposed within the creek corridor is shown on the landscape plan as detail A and is included in Exhibit A.3. Cross-sections of the street buffers are also included on the landscape plan in details B, C, and D and should be revised in accord with the conditions in this report. Fencing: No fencing is proposed on the landscape plan. The UDC (1 1-3A-6B) states that fencing along all nahiral waterways (i.e. Ten Mile Creek) shall not prevent access to the waterway. However, in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director, and/or Public Works Director. Open Space & Site Amenities: The open space and site amenity requirements listed in UDC 11- 3G-3 are not applicable to commercial developments. The multi-family portion of the site is required to comply with these standards and those listed in UDC ll-4-3-27 upon development. Sidewalks & Parkways: As set forth in UDC ll-3A-17, 5-foot wide detached sidewalks are required along all arterial and collector streets; the minimum width of parkways planted with TM Creek AZ-13-O15; PP-13-030 PAGE 14 Class II trees is 8 feet. The width of sidewalks and parkways in the TMISAP differ from that in the UDC depending on the type of street section provided. A detached sidewalk was recently constructed along W. Franklin Road with the street widening project; and a 5-foot wide attached sidewalk exists alo~ig the portion of S. Ten Mile Road from the nearest curb cut to the Ten Mile/Franklin Road intersection. The remainder of the sidewalks and parkways constructed on this site should be consistent with the standards listed in UDC 11- 3A-17aad the TMISAP except as otherwise noted. Natural Features: The Ten Mile Creek bisects this site and is a natural waterway. As such, it is required to remain open as a nahiral amenity and is Trot allowed to be piped or otherwise covered, per UDC 11-3A-6A.1. A 100-feet wide easement is depicted on the plat for the creek. The applicant proposes to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin Road as shown on the landscape plan. The applicant asserts that without piping this section of the creek locating a building on this prominent corner would be extremely difficult. In an effort to mitigate this impact the applicant is proposing to enhance the portion of the creek that remains open with landscaping and other amenities. Staff recognizes the applicant's position but because the UDC does not allow natural waterways to be covered, staff recommends the site plan be revised to show the Ten Mile Creek open and preserved within this development, unless otherwise approved by the City Council. Ditches, Laterals, Canals or Drainage Courses: Several waterways exist on this site. The Kennedy Lateral rims along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space; otherwise, they are required to be piped, per UDC 11-3A-6. Floodplain: Portions of this project are located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title l0, Chapter 6, including hydraulic and hydrologic analysis. Building Elevations: The applicant has submitted conceptual building elevations for the future structures in this development, included in Exhibit A.S. All structures are required to comply with the design standards listed in UDC 1 l -3A-19, the design features described in the TMIASP, and the urban/suburban design guidelines contained in the design manual. In surnrrrary, Staff recornrrrends approval of the proposed annexation & zoning and preliminary plat request for this site with the recommended conditions Listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 1/8/14) 3. Proposed Landscape Plan (dated: 9/11/13) 4. Conceptual Development Plan (dated: 1/14/14) 5. Conceptual Building Elevations (dated: 9/17/13) TM Creek AZ-13-o15; PP-13-030 PAGE I S 6. Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code TM Creek AZ-13-015; PP-13-030 PAGE ]6 A. Drawings 1. Vicinity Map Exhibit A Page ] 2. Proposed Preliminary Plat (dated: 1/8/14) I e s t4t'ROW~ N:RIM IM S~uNfm WsDN'~'r / NE[Dl0 TEN MILE CREEK DR6r BLOCK 3- nvun~e a~, -_ •mrrv+ ra.~ r, a A.AA.,..uN~r,. ~~~ >Sar a o.~ ~~ >w m ~ ._. 'RAtMIN RD a v1ow rem ~-. ` .. .. •• o.. o,~ wse~a• 4A - r-m- -g ' < B~,OCK2 _~R, wmar e L... I ' ~ ~ ._.. NOT A PART ryiUgE aorv Fpt r~NHE AOUnGeWi FOR OWNER I KELLEH "*' TM CREEK PRELIMINARY PLAT I209047•BI ~_ REVIEW ""Q1ioi BRIGHTGi~ f CORI'ORATIO?I SITE LAYOUT 2 OF 8 l Exhibit A Page I FRANKLIN CROSSNG AVE NORTH OF CREEK FRANKLIN CROSSING AVE BRIDGE SECTION FRANKLIN CRC\SSING AVE SOUTH OF CREEK TEN A71LE CREEK DR 3 LANE COLLECTOR VI/ P:IEDIAN FOR OWNER KELLER ":` I TM CREEKPRELINIINARYPLAT REVIEW "t0°1a°" BRIGHTON "a...,., CORI'ORATIOti RIGHT-OF•WAY SECTIONS Exhibit A Page 2 3. Proposed Landscape Plan (dated: 9/11/13) i . _ - _ . ___ _ ~~ i:T ~ i ~ ~I~a z r ~.~ r, - _~_ I~f c t 1 r 'I _r ~ .r i ~ C U"j~'U~I'!.' ~~'I~~'"fll~y ' I ~ ~ f'P ~I ~I S.J~ t C I~ ~ ( O ~~~n~ i~ i - l7 -+ 3 -`_...-_ ! 1x111 t ___ o t •a' ----~ f ~ \ i I' m^ //~~ a ~1 I i ~'1TlU~Il11 ~. lG~tj, ~ ~4 11~ JI ____ arz , III ~ \~\ \ ~/J//$'7((~/Y'J b Cu^_'_:.=~L I I I d. \ 'i j , i I ' ~ ~ i i ' ~~u'~c~ ~ ~ -~--nrr~-'!TM{H4fHIN~o--r+f~lfl ~~ ~`~ ,` ~. ._______J ~~`` ~ "oe~ _ \I Plan ~- ---- ~ ---- ~~jj P _ K~' _ __ ._ ~ -_ _~„_ - - - - ~ . CC~~ _ .._ ~ .r.~.....n ~ rs._/ ~^~"~ ~1 Te M®e Creak Corridor Section ~ ~~ If1_ 1~~~.i tl ~ ~ > I Uyy~~i i ~.~~ Iii U~ -~ V'I~ IIU ~~ ~~~f~ D1 fTT'~ tl B lanQSppe Boller: Ten Mde Road I ^c1 I o-~r+o _ _ ~ __ ~ ¢ ~ ~~.~lnndscape Buller F anwdin Road ~~ ~_-_ ~+ I I' r ~ r ---- --...._.~ L____- R ~ ~ o ~4 I Ms O J __~- - ~- D Frankn~n Croseirp Ave. Secbn ~, _ ~ Project Cakulauons: I _ ~ ~,~.~ - ~.m I - ~ ".was'.. gmr.xr ass u,a~ea,.~ 1 i inn ~~:~ ~ ~r~>M1~~,~~ '' - l aK. Ra. s~ oa 'v l,a ~w.e r,..«® _~ ___~• Swrarm lm:m.w, ~~. .. wa.fn r.ww0 ____. -Na `-_u~___`_____ -. .were.. .eam we..c.n. ~a..e >.a uree•w Ij; ; ~,~, ~; ti vl ~~ UE~ °' s ~>m Fes- ~ U C rl1 ~a ~~ •E v m N a~ 7L e Exhibit A Page 3 4. Conceptual Development Plan (dated: 1/14/14) Ii 11 t •m i a i ~~ r-nv JfTflltFnl s ,i ~~ ~-c w ~ ~-+ - ~ -- ~,rr--- ,minor i ~ ~ 7' 0 [~ (--- 1 L. .. m: . F ~, r ~ 1 FF c rlirT'~ 1[ I~LRa .IL I11 L- .~ 1 _, In TEN R~'.LE CP,EEY. If I .~ ~ ~` I ~ ~ I Concept Site Plan (s~n~e<a to change at Final Plat phasing) t I 1 t-~ u - F 1-IR 1 { ,_ ., ,,, FRANKLIN ROAD ! -:_ Y J J U E o _~ O ~ dm tom- ~ U } C [6 d d r a d CU O U -,... ca+sTew-:, _2_ 5. Conceptual Building Elevations (dated: 9/l 7/13) G C - Read GG Rt:ai TNC ~ S!rc~ataie~n~ GC Ratul GC - Retaf GG - ,23rik GC ~ ClNA DlvN~prtfe~l U ~ C J m vEo ~, n= - o ~ ~ > m` F~~U C .P y ~ ~ ad a Ew v f0 ~ C W~U l11 rNC ~ s,.st.~m,: iNG ~ Sbretr~~w R _ ao ~ ume Forrv,i -3- 6. Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads ~ ~ ~r. ~~ }~-+.. VcrwsWS~~~p }UtaY.GG h4ay t9, 2t)l0 The lloncrrable Tarnmy Ue 1Vezrd City af~hteridisrr 33 k. Broadway Avenue h4cridian, Idaho 83G42 RG: t3t•iRhron C:orparatitrn 't'en Mile Arex Access Study Dear h9ayor de Wrcrd: ShErry R Huber, President R@bEtCd tiv. J~ffl:+~, VtGP. PrIPr.~tdPlYt Jute 5. Frarrden, Cxzre~iissraner Carol A. MtKee, [emrntssianer Sara M. Faker, Ccmmissarner ACl lU staff has earttpleted the conrprchrnsivr cvalurrtiun of the Ten )vole Area Acres Study prepared by NDR E;nl!ineering on be1;alFof tht Brighton Corporation, Your letter of r~larch 9, 2010 requested ACHD to evaluate tkrc proposed access points an Ten Mile Raad and pranl;lin Road far safety, r117cirncy acrd consistency with ACHD policy. C)ver the past hvU months, stafl'lras worked with Eiriglrtan to further evaluate the access study and tltraugh an iterative pracess has reached a conclusion satisfactory tea trash ACHD and Brighton. 'Ihrottglt tltis process AC;ND has strived to balance the needs ofthe future development of the arcs as envisicrncd by the City's land use planning cR~arts ~vhilc maintaining the functiotr and integrity of the arterial roadway nnetwork. In our revirrw of the infarmstian provided it was dcterrnincd that not all of the requested access points were necessary to serve the anticipated development of the area, nor could they 1>r safety accmm~~adatcd along the arterial roadways. The final detcmjination la}' AGtiD is consistent ~a^ieh ACHD policy, addresses safety canccrns ACHD had with the original proposal and does trot appea• to nef;atvely impact the operation of the Tetr Mile Raad~'Franl:lin Road imrrsectian nor the efficient flow oftrat~'ic on 1'en 1`7i;lc and Franklin Roads in the vicinity. ACl iD approa•es the fallowing access points on 'fen h4ile 12osd rand Franklin Roacl for the 40 acre Brighton parcel at the southeast corner of the intersection based upon the firturc land arse as dr~signated in the City's Comprehensive Plan. 't'his approval is contingent upon the parcel dcvelupirtg consistent with those. l.rnd rise designations and is subject to change or modification if the proposed land uses and/or traffic conditions change in the future. Aft distances are approximate and will be deterrniued and approver. by ACI t17 during design. ;1'en t~4ile Roast 330' s~outlt of Franklin 2R- wide right-inoright-otrt driveway, rrrcdian restricted To include 100' right turn bay and 1:1 U deceleration tapir 730' sauth of Franklin 2R' wide right-in.~right-vut driveway, median restricted Ta include 100' rigitt turn bay and 1:10 deceleration taper 1150' mouth of Franklin Afi' wide full access driveway or future public street To include 100' right rum bay attd 1:74 deceleration taper A[3d C n ~`~ H~ghw'vv Uis'r~ct + 3T75 Adders Street • Gsrde'~ Giv, In • 87"24 . Pli (Z0S1 787-Gtrr;~ • r Y 3tt7-; ?93 • wam.a~:hd.ada.id.u3 -4- '1'o include 20l)' Deft turn stcara[~c. bays north and south 11-turns ort `fin Milc alloLred C'rantclitr ltcaa~ 35ti' e~~sc ofTtn Mile 2R' wide right-irrrright-out dtivetvay, median restricted G(i0' cast of7'en f~lite 2$' t~~ide left-in`right-itt;right-~~ut driveway, median restricted heft-in movement limited to south side only 'To include 1(N1" right turn hAy and t:t0 deceleration taper 'I-o include lUU' left turn stura;Re hay 11$41' east of Ten Mile 46' wide full access signahzrci driveway or future prthlic street Signal to he instAlled when tuarrantcd in future 7'o include lUt?' right turn hay And 1:11) deceleration taper '1'o include 7.4fl' tcfi turd storage hays east and ~v~est "i`Drc rrcccss paints listed Al)C?vc .ire different from that depicted in the C'ity's Ten Mile Interchange ~'~, 5}+~eiiic Area flan, the. plans fbr 1Tfl's Ton Milt Interchange project And the plans far AGH[l's Franklin Roa~•i, Ten D4•tilc to T,indtrproject. AC1{U would appreciate the cooperation of the City to coordinate the necessary changes tc, khe Affect`•d projects as appropriate. lfyou rsr your staff has any yutsticros, please contact mt at 3R7-G1$0. :ii n~xrt 1y, Mary Irtsclman 141anager, RibDrt-of=~A~ay and Development Services cc: .i. Schweitzer, ACHU Director D<rvid "CumbuiD, 1?<riphtan Corporation (:aleb Hood, City of h9ea~idian C°raif;.iacksc~o, C'1I~A4-1-ti[l _icf'f 1~-~orf• ItE, D'I'1) L)istrict 3 -5- B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be sighed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. Access as shown on the preliminary plat and concept plan included in Exhibit A requires approval of a waiver from City Council in accord with UDC 11-3A-3. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. Access as shown on the preliminary plat and concept plan included in Exhibit A requires approval of a waiver from City Council in accord with UDC 11-3A-3. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in Exhibit A.2. Future reconfiguration of the street may occur, if warranted by ACHD, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site shall be submitted to the Planning Division, approved by City Cow~cil and recorded prior to signature by the City Engineer on the first final plat. f. The Ten Mile Creek shall remain open and be protected during construction unless otherwise approved by City Council. g. Across-access/ingress-egress easement shall be granted to the property to the east (parcel #51214212620) via a note on the plat and/or a separate recorded agreement prior. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. k. The building shown on the concept plan at the northeast corner of S. Eagle Road & Ten Mile Creek Drive shall be shifted to the corner in accord with the design criteria contained in the TMISAP which calls for buildings to "hold the corners". -6- 1. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts, in accord with the TMISAP. m. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20-foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC l 1-3B-7C. n. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. o. All structures within the TN-C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. p. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application included in Exhibits A3, A.4, and A.5 and the conditions in this report. The site shall develop with a mix of office, commercial and residential uses as proposed. q. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC 11-3A-19, and the guidelines contained in the Meridian Design Manual. r. For streets & block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants, and galleries and that buildings be designed with multiple sidewalk entries, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; Business Owner/Tenant Requirements: s. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). t. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. u. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: i. Signs should be designed to contribute to the overall character, identity and way finding system. Sig~is should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; iii. Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. -7- 1.1.2 The preliminary plat, dated 1/8/14, included in Exhibit A.2 shall be revised as follows: a. The street buffers along S. Ten Mile Road, W. Franklin Road, Ten Mile Creek Drive, and the portion of Franklin Crossing Avenue south of the Ten Mile Creek shall be on common lots or on permanent dedicated buffers to be maintained by the property owner or business owner's association in accord with UDC 11-3B-7C.2. b. Add note: "Direct lot access to S. Ten Mile Road, W. Franklin Road, Franklin Crossing Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with PP-13-030 by the City of Meridian and ACHD." c. Widen the sidewalks along the section of Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet in accord with the TMISAP. d. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile G~eek Drive, the east/west collector, in accord with the TMISAP. e. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. £ The Franklin Crossing Avenue bridge section should be reconfigured to reflect two lanes of traffic initially with four lanes of traffic in the future if warranted. 1.1.3 The landscape plan, dated 9/11/13, included in Exhibit A.3 shall be revised as follows: a. The 10-foot wide regional pathway along the Ten Mile Creek shall be extended to the sidewalk along Franklin Road at its full width and to the east property boundary along the north side of the Ten Mile Creek for future extension. On the east side of Franklin Crossing Avenue, the pathway shall shift to the north side of the Ten Mile Creek. Across-walk for the pathway shall be provided across Franklin crossing Avenue. b. A detached 10-foot wide regional pathway is required adjacent to S. Ten Mile Road some distance from the road in accord with the Master Pathways Plan and the TMISAP. Detail B on the plan should be revised accordingly. (The existing ter~tporary asphalt pathway shall be removed.) c. Widen the sidewalk along Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet and install street trees in wells and pedestrian scale lighting in accord with the TMISAP. d. Landscaping along the portion of Franklin Crossing Avenue north of the Ten Mile Creek is required iu accord with Street Section E on page 3-21 of the TMISAP. e. The 10-foot wide area shown on the Ten Mile Creek Drive street section as preserved for firture roadway expansion shall be planted with grass in the interim. f. Include a detail for the Franklin Crossing Avenue landscape buffer south of the Ten Mile Creek and Ten Mile Creek Drive in accord with the dimensional standards listed in UDC Table 11-2B-3 and the landscaping standards listed in UDC 11-3B-7C. g. The configuration of the site shall be revised consistent with the concept plan included in Exhibit A.4 and the conditions in this report. l .1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of development. 1.1.5 Across-access/ingress-egress easement shall be granted to the property to the east (parcel #S 1214212620) via a note on the plat or a separate recorded agreement. 1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-6B and 11-3A-7. -8- 1.1.7 The developer shall obtain an easement from the U.S. Bureau of Reclamation for the 14-foot wide recreational pathway easement along the Ten Mile Creek. 1.1.8 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the GG, TN-C, and R-40 zoning districts listed in UDC Table 11-2B-3, ] 1-2D-5, and Table 11-2A-8 respectively. l .2.2 Comply with all provisions of 1 l -3A-3 with regard to access to streets. Direct lot access to W. Franklin Road, S. Ten Mile Road, Franklin Crossing Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with this application by the City and ACHD. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 1-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 lnstall all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. l .2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 1 l C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 1 1-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. l .2.14 Comply with all provisions of UDC 1 1-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 13.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 133 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. -9- 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3 A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC l 1-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Franklin Road frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altenlate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. -10- 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use airy existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 1 I-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least l -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 l 00 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the forn of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. -12- 6. PARKS DEPARTMENT 6.1 Provide 10-foot wide multi-use pathways on the site in accord with the Meridian Pathways Master Plan as noted above in condition #1.1.3. 7. ADA COUNTY HIGHWAY DISTRICT Corrtments have not yet been received from ACHD on this application. -]3- C. Legal Description & Exhibit Map for Annexation & Zoning Boundary LEGAL DESCRIPTION TM Creek Annexation Legal Being a portion of NW 1/4 of Section 14 To4vnship 3 North, Range l West, Boise Meridian, Ada County, Idaho described as: Commencing at the northwest corner of said Section l4; rum»ng thence along the north litre of said Section 14 S89°09'50"E 1577.99 feet; thence S00°34'40"W 704.71 feet to the north line of Ten Mile Shtb Drain; thence along said north line S89°51'06"W 249.02 feet to the east line ofthe NW1/4NW 1/4 of said Section l4; thence along said along said east line S00°34'40"' W 120.00 feet to the south line of said Ten Mile Stub; thence along said south litre N89°51'06"F. 249.02 feet; thence S00°34'40"W 503.95 feet to the south litre of the NEI/4NW I/4 of said Section 14; thence along said south line N89° 11'04"W 249.00 feet to the SE corner of the NW 1/4NW 1/4 of said Section l4; thence along the south line of said NW l/4NW1/4 N89°10'41"W 371.69 feet to the centerline of the Kennedy Lateral; thence along said centerline the following nine (9) courses, (l)N50°58'33'W 17.95 feet; thence (2) N53°11'09"W 198.60 feet; thence (3) N61°20'S7' W 85.70 feet to a point of curve; thence (4) along said curve to the left 68.61 feet(Curve Data: Radius=69.99 feet, Delta=56°l0' 12", chord bears N89°26'39"W 65.90 Feet); thence (5) S62°27'45"W 9l .30 feet to a point of curve; thence (6) along said curve to the right 107.70 feet(Curve Data: Radius=199.99 feet, Delta=30°51' 16", chord bears S77°53'45"W 106.40 Feet); thence (7) N86°40' I S"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92.42 feet(Curve Data: Radius=199.99 feet, Delta=26°28'40", chord bears S80°05'03"W 91.60 feet); thence (9) S66°50'21 "W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral and the easterly right of way of Ten Mile Rd.; thence N89°26'21 "W 40.05 feet to the west line of said Section 14; thence along said west line N00°33'39"E 1314.93 feet to the point of beginning. Parcel Contains 45.34 Acres more or less. Basis of Bearing North section line of the N W 1 /4 of Section 14 Commencing at the Northwest corner of Section 14; thence S89°09'50"E, a distance of 2657.99 feet to the N 1/4 of Section 14 /"Npl LANO~ y9~~G1~7'f sG~ ~ /' _,. ~ a 122 ~,,~ zl ~~ ~,5, ~ OF ~pP ~~` Legal Description, Page 1 of I -14- LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M. ADA COUNTY, IDAHO CURVE TABLE CURVES LENGTH RADIUS DELTA TANGENT CHORD BEARING C1 88.81 69.99 68'10'12' 37.35 65.80 NB9' 28' 39w C2 107.70 t9B.99 30'S1'i8' b5.19 108.40 S7T 6745w C3 92.42 189.89 28'28'40' 17.05 91.80 S80° OS' 03w Poe FRANKLIN ROAD 70 71 N89' 07 60w 249.00 ... .1329.00. _S68'0760'E 1328:97 ..... .... 16 7~- - - - - w vfs sec t+ ' _ _ ~~ sec f4 -50' 34' 40w 58.00' SCALE: 1'~/00' ~ I i ., Q ~ ~ CURRENT ZONE: RUT ; ~. ~ ~~ PROPOSED ZONE: C-G,TN-C & R-40 x w ~ 1,975,231 SF 45.34 AC ~ 2'B'01~ ~ ~ ~ ~ ~ s9.34'4ow t2o.ar W ~~ ~ ---vA----PA ~ F-.. NSW Bt' 0/'E 219.07 saz• 2r 45w 97.30 NBt' 20 67w 95.70 N89. 26' 21w 40.OS X588.602tw 750.47 C~ 83'11'OB'W 786AOI ~3 ..~ ~ ~ SO' 33' 39.BOw 14.15 N vfe aec f1 - - '-10' 1Sw 158. NB9. 10 tw ]71.17 NSO' 67 33"W 17.95' 08' t t' 04w 249.00' ~I ~I I `~ ~N iH LLJJ BRIGHTON CORPORATION KELLER assoolatsa u.nu~. NYa usv ANNEXATION BOUNDARY ~°~><w~.~.=.,~ tmlzesrtu LEGAL DESCRIPTION MAP FOR TM CREEK -15- LEGAL DESCRIPTION TM Creek C-G Zone Description Being a portion oi~ NWl/4 of Section 14 Township 3 North, Range I West, Boise Meridian, Ada County, Idaho described as: Commencing at the northwest corner of said Section 14; running thence along the north line ofsaid Section 14 S89°09'50"E 1577.99 feet; thence 800°34'40"W 294.20 feet; thence N89°25'20"W 290.60 feet; thence N89°26'49"W 287.44 feet; thence S00°33' 11 "W 186.45 feet; thence S00°00'00"W 243.81 feet to a point ofnon-tangent curve; thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l°40'33", chord bears S89°02'34"E 7.90 feet); thence 889°50'35"E 187.17 feet; thence 889°52'51 "E 176.26 feet; thence N87°54'01 "E 101.03 feet; thence N89°42'19"E 41.44 feet to the east line of the NWl/4NW1/4; thence along said east line S00°34'40"W 100.00 feet; thence S89°51'06"W 91.91 feet; thence 800°33'18"E 508.21 feet to the south line ofsaid NW1/4NW1/4; thence along said south line N89°10'41 "W 279.99 feet to the centerline of the Kennedy Lateral; thence along said centerline the following nine (9) courses, (1) N50°58'33'W 17.95 feet; thence (2) N53°11'09"W 198.60 feet; thence (3) N61 °20'57' W 85.70 feet to a point of carve; thence (4) along said curve to the left 68.61 feet(Curve Data: Radius=69.99 feet, Delta=56°10' 12", chord bears N89°26'39"W 65.90 feet); thence (5) 862°27'45"W 91.30 feet to a point of curve; thence (6) along said curve to the right 107.70 feet(Curve Data: Radius=199.99 feet, Delta=30°51' 16", chord bears 877°53'45"W 106.40 feet); thence (7) N86°40' 1 S"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92.42 feet(Curve Data: Radius=199.99 feet, Delta=26°28'40", chord bears S80°05'03"W 91.60 feet); thence (9) S66°50'21 "W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral and the easterly right of way of Ten Mile Rd.; thence N89°26'21 "W 40.05 feet to the west line ofsaid Section 14; P~ LANp thence along said west line N00°33'39"E 1314.93 feet to the point of beginning. ~~~~ sTERF G•pG Parcel Contains 35.82 Acres more or less. u~5 Q~ O ~.c ° za c '~TF f ~O ~ Basis of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence S89°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14 Legal Description, Page 1 of I -16- LEGAL DESCRIPTION TM Creek R-40 7,one Boundary Part of the N W 1/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described as: Beginning at point on the south line of Ten Mile Drain Stub, point being S89°09'50"E 1577.99 feet along the Section line and S00°34'40"W 824.71 feet from the northwest comer of said Section 14, Running thence along said south line 889°51'06"W 249.02 feet to the east line of the NW1/4NW 1/4 of said Section 14; thence along said east line N00°34'40"E 10.00 feet; thence S89°51'06"W 91.91 feet; thence S00°33'18"W 508.21 feet to the south line of said NW 1/4NW 114 of said Section 14; thence along said south line S89°10'41 "E 91.70 feet to the southwest corner of the NEl/4NW1/4; thence along the south line of said NEI/4NW1/4 S89°11'04"E 249.00 feet; thence N00°34'40"E 503.95 feet the Point of Beginning. Parcel Contains 3.94 Acres more or less. Basis of Bearing North section line of the NW1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence 889°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14 ~NpL LAp~~ y5~ apt TF,p sG o ~ ~° ~~ a ~ 2 ~o ~'y of ~o~ Legal Description, Page I of I -17- LEGAL DESCRIPTION TM Creek TN-C Zone Boundary Part of the NW 1/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described as: Beginning at point being S89°09'50"E 1577.99 feet along the Section tine and S00°34'40"W 294.20 feet frotn the northwest corner of said Section 14, Running thence N89°25'20"W 290.60 feet; thence N89°26'49"W 287.44 feet; thence S00°33'11"W 186.45 feet; thence S00°00'00"W 243.81 feet to a point of a non-t<~ngent curve; thence along said carve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l °40'33", chord bears S89°02'34"E 7.90 feet); thence S89°52'51 "E 176.26 feet; thence N87°54'01 "E 101.03 feet; thence N89°42'19"E 41.44 feet to the east line of the NWI/4NW1/4 of said Section 14; thence along said east line N00°34'40"E 10.00 to the north line of Ten Mile Stub Drain; thence along said north line N89°51'06"E 249.02 feet; thence N00°34'40"E 410.51 feet the Point of Beginning. Parcel Contains 5.58 Acres more or less. Basis of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence S89°09'50"E, a distance of 2657.99 feet to the N 1 /4 of Section 14 4~y9Q-~G~ T FR~oG,PL O a 72 ~ ~° ~ 0 71x1 /C ~~qrF~ F SOP l~v ~Qjs G. S~/ Legal Description, Page 1 of l -18- LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1W B.M. ADA COUNTY, IDAHO CURVETABLE CURVES LENGTH RADIUS DELTA TANGENT CHORD BEARING C1 88.61 69.99 b8'10'12° 37.35 66.90 N89. 26' 39NV C2 107.70 199.99 30'67'16' 66.79 108.40 877° 53' 45°W C3 82.42 199.99 28.28'40' p.05 91.60 S80. OS' 03W C5 7.90 270.00 1'40'33' 3.96 7.90 S89' 07 34'E POB 10 ~~ 15 14 FRANKLIN ROAD ' S89' 09.60•P ~sn on . ........... . __~~ N 1/1 SEC 14 SCALE: 1'400' 34' 40'E 294.20' p~ C a 3 7~ S N09' 26' 21'W 30' 93' 39'W Q NO~/ LL W C_J G Z w H 882' 2T 45'W ~ i ___~ _~~ ~~ ,~N81'~2067°W \ I ~( 61' OB'W 249.01' 10.00' V 100.00 70.00' ' 61' OB'W 249AT 11' W°E 249.00' I N 1N ZONING BOUNDARY "®~°= BRIGHTON CORPORATION KELLER assooistsa 171 lW iY. A.mw, M.11A Nwl~~ Ntl.s R%al (ZM)Lbtpt LEGAL DESCRIPTION MAP FOR TM CREEK _19_ D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment is generally consistent with the MU-C, LC, and HDR FLUM designations for this site and should be compatible with existing and future adjacent uses. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the C-G, TN-C and R-40 zoning districts is consistent with the purpose statements of the applicable districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds the proposed annexation of this property is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Staff finds that if the applicant develops the site in accord with the provisions in the DA, the development will be in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, design and circulation. Please see Comprehensive Plan Policies ar~d Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) -20- c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Co~mnission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. -21-