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TM Creek AZ 13-015ADA COUNTY RECORDER Chrielopher D. Rich AMOUNT .00 62 BOISE IDAHO 06112114 10:55 AM DEPUTY Vicky Bailey III IIIIIIIIIIIIIIIII IIIIIII III IN III RECORDED -REQUEST OF 114445759 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton, LLC-Owner/Developer THIS DEVELpPMENT AGREEMENT (this Agreement), is made and entered into this -[10— day of 1l e 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and SCS Brighton; LLC, whose address is 12601 W. Explorer #200, Boise, Idaho 83713 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re -zoning of the Property described in Exhibit "A", requesting a designation of C -G (Community Business District) (35.82 acres); R-40 (High Density Residential) (3.94 acres) and TN -C (Traditional Neighborhood Center) (5.58 acres) zoning districts under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT- TM CREEK (AZ 13-015) PAGE 1 OF 10 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1" day of April, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 2 OF 10 3.2 OWNER/DEVELOPER: means and refers SCS Brighton, LLC whose address is 12601 W. Explorer #200, Boise, Idaho 83713, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned C -G (Community Business District) (35.82 acres); R-40 (High Density Residential) (3.94 acres) and TN -C (Traditional Neighborhood Center) (5.58 acres) zoning districts, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 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. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in Exhibit A.2 of the attached Findings and Staff Report. 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 Council and recorded prior to signature by the City Engineer on the first final plat. DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 3 OF 10 f. The Ten Mile Creek shall remain open and be protected during construction except for approximately 380 feet of the creek nearest to Franklin Road which may be piped, as approved by City Council, contingent upon approval by the Army Corps of Engineers and Nampa Meridian Irrigation District. g. A cross-access/ingress-egress easement shall be granted to the property to the east (parcel #S 1214212620) 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. 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. 1. 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 11- 3B -7C. m. 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. n. 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. o. 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 A.3, A.4, and A.5 of the attached Findings and the conditions in the StaffReport. The site shall develop with a mix of office, commercial and residential uses as proposed. p. 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. q. 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, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously -scaled display and transom windows, pedestrian—scaled signs and banners, and awnings or canopies for sun shading; DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 4 OF 10 r. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the plan in Exhibit A.7 of the attached Findings and Staff Report. s. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrigation District. Business Owner/Tenant Requirements: t. 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 maybe requested through a conditional use permit (UDC 11-211-3). u. 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. v. 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. Signs 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT -TM CREEK (AZ 13-015) PAGE 5 OF 10 written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 6 OF 10 recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: SCS Brighton, LLC 12601 W. Explorer #200 Boise, ID 83713 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 7 OF 10 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 8 OF 10 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SCS Brighton, LLC By: AI�Z'le 0 �1�eAr CITY OF MERIDIAN By: Mayor T de Weerd ATTEST: `oma r ccy-°r ERIDIA N�- aycee . Holman, City Clerk °°` °� SEAL �A FST \Cy ��x TRY a5�0. DEVELOPMENT AGREEMENT—TM CREEK (AZ 13-015) PAGE 9 OF 10 STATE OF IDAHO ) ss: County of Ada, ) On this 3I�day of jci , 2014�, before me, the undersigned, a Notary Public in and �q for said State, personally appeared LaKA yr . -5t Vn � 94 , known or identified to me to be the A AM14W ofSCS Brighton, LLC, and acknowledged to me that he executed the same on behaYf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AMANDA MCCURRY NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss County of Ada Ndtary Public fgr5(yYaho Residing at: jj My Commission Expires On this day of 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •g1CA Jp •• ;w5 oTa;p�•• •'`�, � � ali' (SEAL) r No y Public for Idaho Res ing at: cLI Commission expires: ✓1 DEVELOPMENT AGREEMENT - TM CREEK (AZ 13-015) PAGE 10 OF 10 Exhibit A LWAf, UC;SCRIf?Tf0N IM Greek Ahuhexatiop Legid Being a godiunpf KM14 of Section I4 Township 3. North, Runge I West, Boise Meridinn, Ada County, !dello described as: Commencing al the norlliwcsl comer of said Section 14; running (hence nlong the north line ofsaid Section 14 SW09'50"E 1577.99 feet; !lienee 800"34'40"W 704.71 feet to the north line oPTen Mile Stub Drain; Iheoee along said north line S99'5 1'06"W 249.02 feel to file cast line of the N W INNW l/4 of snid Section 14; thence along said along said east line 500034'40"W 120.00 feet to the south line of said Ton Mile Stub; diene along said south line N89°51'06"6 219.02 feet; thence S00°34'40"W 503.95 feel to the south line of the NEI/4N W I/4 of said Section 14; thence along said south line N89°1 1'04"W 249.00 feet (o the SE corner of the NW I/4NW I/4 of said Section 14; (lienee along the south line of said NW I/4NW I/4 N89010'4I"W 371.69 feet to the centerline of the Kermedy Lateral; thence along said centerline (lie following nine (9) courses, (1) NSO"58'33' W 17.95 feat; (hence (2) N53"1 1'09"W 198.60 feet; thence (3) N61°20'57' W 85.70 feel to a poinL of curve; thence (4) along said curve to (he left 68.61 fect(Curve Data: Radius-69.991'eet, Delta=.56"10'12", chord hears N8V2619"W 65.90 feel); (hence (5) S62027'45"W 91.30 feel to a point of ewve; (hence (6) along said curve to the right 107.70 feet(Cume Data: Radius -199.99 feel, Deha-30'51' 16", chord bears S77°53'45"W 106.40 feet); (hence (7) N86%W 15"W 156.20 feel to it point of curve; thence (8) along said curve to Ibe heti 92.42 feet(Curve Dobe Radius=199.99 lee(, Delta -261128'40", ehord beah:s S80005'03"W 91.60 feel); drence (9) S66°SO'21 "W 186.46 Leel (o (he intersection of (he centerline of said of Kennedy t.atmnl kind Elie easterly right of way of Ten Mile Rd.; (hence N89°26'21"W 40.05 leei to the west line ofsaid Section 14; thence along said west line N00°3319" 6 1314.93 feet to the point of beginning. Parcel Contains 45,34 Acres more or less. Basis of Benning North section line of (he NW I/4 of Section f4 Commencing m the Northwest curner of Section 14; (hence S89009'50"E, o distance of 26.57.99 feet (o the N 1/4 of Section PI ..c'gsi'ffeics9ptiaa;'Pn}re 1 0 1 TM Creek — AZ 13-015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C%/WEN!*-AHO In the Matter of the Request for Annexation and Zoning 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; and Preliminary Plat Consisting of 49 Building Lots and 3 Common/Other Lots on 41.03 Acres of Land, Located at the Southeast Corner of W. Franklin Road and S. Ten Mile Road, by SCS Brighton, LLC. Case No(s). AZ -13-015; PP -13-030 For the City Council Hearing Date of. March 18, 2014 (Findings on April 1, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-015; PP -13.030 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-015; PP -13-030 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 18, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-015; PP -13-030 -3. By action of the City Council at its regular meeting held on the S} day of tl--Ip rt 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER VOTED_A\AQ (- VOTED ' Q VOTED_\ VOTED — v6su% �- VOTED— � 2 COUNCIL MEMBER GENESIS MILAM VOTEDk4e MAYOR TAMMY de WEERD VOTED (TIEBREAKER). Mayor TaI eerd Copy served upon Applicant, The City or A �?e TRESSUReV Public Works Department and City Attorney. g ii1Q014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-015; PP -13.030 -4- EXHIBIT A STAFF REPORT Hearing Date: March 18, 2014 (2`WE IDIAN*y� TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 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. H. 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. Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearine: i. In favor: Mike Wardle: David Turnbull ii. In opposition: None iii. Commentine: None iv. Written testimony: Mike Wardle v. Staff presenting anplication: Sonya Watters A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Buildines should be more oriented around thi ii. Leaving all of the Ten Mile Creek open as required by the UDC vs. tiling a portion of it as requested by the applicant: iii. Providing a pedestrian bridge across the creek for pedestrian connectivity; iv. Requirement for the structure shown on the concept plan at the northeast corner of Ten Mile Road and Ten Mile Creek Drive to "hold the corner"; c. Key Commission Change(s) to Staff Recommendation: i. Strike condition #1.1.1k which requires the structure at the northeast corner of S. Ten ii. Modify condition #1.1.lr to include office uses north of the creek and to include the language "where feasible" in reference to buildings being designed with multiple sidewalk entries; iii. Clarify condition #1.1.3e to only require grass within the 10 -foot wide area proposed for future expansion along the north side of Ten Mile Creek Drive; iv. Modify condition #1.1.7 to remove the reference to a specific agency from which an easement is required for the pathway alone the creek. v. Add a condition reauirine sidewalks to be provided internally alone all major drive aisles for pedestrian connectivity (see condition #1.1.1x). TM Creek AZ -13-015; PP -13-030 PAGE 1 EXHIBIT A d. Outstanding Issue(s) for City Council: L A waiver to UDC 11-3A-3 is requested for approval of the proposed accesses to the ii. remain open as a natural amenity and is not allowed to be piped or otherwise covered per UDC 11 3A -6A 1 The applicant requests anproval to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin Road as shown on the landscape plan. sruewaias ns weu rur ueuesu-inn cumincuv.Lv – eugu.0 a—, side or both sides of the drive aisles? (see condition #1.1.1s). g, Summary of City Council Public Hearin¢: L In favor: David Turnhull j1. In opposition: None Commenting: None Written testimony: None y, Staff 11resentinggRnlicatlon: Sonya Watters yj, Other staff commenting on application: David Miles 1h Key Issues of Discussion by Council: L The request to tile a portion of the Ten Mile Creek: IL The interior pede5tr3 an: jji, The propng d access points to the arterial and collec jy, The provision of a pedestrian bridge acroL&h T n e= il. iii. The Council clarified that midewAlk&= Dnly reqn*red on ong side of the major drive aisles throughout the site per the pedestrian plan in Exhibit A.7 (see condition #1.1.1x): iv. M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 015 & PP -13-030, as presented in the staff report for the hearing date of March 18, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -13-015 & PP -13-030, as presented during the hearing on March 18, 2014, for the following reasons: (You should state specific reasons for denial) TM Creek A7-13-015; PP -13-030 PAGE 2 EXHIBIT A Continuance I move to continue File Numbers AZ -13-015 & 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 comer of W. Franklin Road and S. Ten Mile Road, in the NW '/< of Section 14, Township 3 North, Range 1 West. (Parcel #'s: S1214223250; 51214212560; S1214212800) B. Owner(s): SCS Brighton, LLC 12601 W. Explorer #200 Boise, Idaho 83713 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 (Commission); February 24, and March 10, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: October 10, 2013 (Commission); February 20, 2014 (City Council) D. Applicant posted notice on site(s) on: January 17, 2014 (Commission); March 6, 2014 (City Council) 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: 1. North: Franklin Road, agricultural property, zoned RUT and rural residential property, zoned Rl in Ada County; and rural residential property, zoned I -L 2. East: Agricultural 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) TM Creek AZ -13-015; PP -13-030 PAGE 3 EXHIBIT A 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: Canals/Ditches Irrigation: The Ten Mile Creek bisects this site; the Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast comer of the site; and a couple of other smaller irrigation ditches cross the site. 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 TM Creek AZ -13-015; PP -13-030 PAGE 4 EXHIBIT A 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 more information) 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 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 thru 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 44ane parkway, represents S. Ten Mile Road. This parkway is anticipated to enhance the look and feel of Ten Mile Road and to provide additional buffers to adjacent properties. The parkway is designed to provide rapid and relatively unimpeded traffic movement throughout the area and carry high volumes of traffic to mixed use and employment 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 from the roadway edge to provide wide tree lawn and 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 should be designed to meet vehicular needs. TM Creek AZ -13-015; PP -13-030 PAGE 5 EXHIBIT A 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. l`—°'—L—uxmcar FNM pan M Landscape Buffer: Ten Mile Road `B sw« r. u -r Staffs 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 street 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 cast/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). TM Creek AZ -13-015; PP -13-030 PAGE 6 Street Section D EXHIBIT A Applicant's Proposal: 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 arc 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 a median/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). TEN MILE CREEK DR 3 LANE COLLECTOR Wr MEDIAN Staff's Recommendation: 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 tum 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 backfrom the street at some distance generally behind a detached sidewalk. A tree lawn should 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 an alley or other street. TM Creek AZ -13-015; PP -13-030 PAGE 7 street Section C EXHIBIT A 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 future 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 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 diagonal 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 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 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. 311401 sectle Applicant's Proposal: The proposed plat depicts a north/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. TM Creek AZ -13-015; PP -13-030 PAGE 8 EXHIBIT A PA w MM WE 1I1NE Yik S.AP ?.W6.W MW 19W AIEDINY 19.OV H.66' 6.66' rAP SbEW" J &a LAZE _ WE 1U WLMJE IANE _ LANE Bin W S61EriNK RE6 1N08YUEWALKC0N9TrAX'M BENWMNISWWAKCOXMUCIED ./ WNH BWLDM FRANKLIN CROSSING AVE NORTH OF CREEK c 16.63' 13.1W 16W 13AB &W 3.W FRANKLIN CROSSING AVE BRIDGE SECTION FRANKLIN CROSSING AVE SOUTH OF CREEK North of the creek: The proposed plat depicts 86 -feet of ROW consisting of a median/turn 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. TM Creek AZ -13-015; PP -13-030 PAGE 9 EXHIBIT A 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 future plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Staff's 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 minor collector street in 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 supports the businesses within the LC and MU -C areas. The Plan recommends 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 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. 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 ACED, 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 accordingly and may be restriped in the future if warranted by ACRD to accommodate more lanes of traffic. offs *1 BoClio DESIGN: The location, scale, form, height, and design quality 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). TM Creek AZ -13-015; PP -13-030 PAGE 10 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.; • 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 comers", 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. TM Creek AZ -13-015; PP -13-030 PAGE 1 I EXHIBIT A 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." (3.07.01E) The applicant proposes 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 • "Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations." (6.02.01A) Several segments of the City's multi -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) A 35 foot wide landscaped street buffer is proposed along S. Ten Mile Road, an entryway corridor, as required by UDC Table 11-2B-3. • "Improve and protect creeks throughout commercial, industrial, and residential areas." (5.01.01E) 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." (3.05.01J) The proposed development will provide a variety of commercial, retail opportunities that don't currently exist in this area of the City. • "Incorporate creek corridors as an amenity in development design." (5.09.0117) 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." (3.0 1.01 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 TM Creek AZ -13-015; PP -13-030 PAGE 12 EXHIBIT A 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 GG 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 land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). 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 maximum gross density of 40 dwelling units per acre (UDC 11-2A-1). 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, GG, 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 11-2A-8, 11-2B-3, and 11-213-5 for the R-40, GG, 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 11-313-8C. 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, casements, and the pathway along the Ten TM Creek AZ -13-015; PP -13-030 PAGE 13 EXHIBIT A 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 (11-3A-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 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 full - access (Franklin Crossing Ave.) on Franklin Road; the signal will be installed when warranted in the future. During the recent widening of Franklin and Ten Mile Roads, all of these access points/curb cuts 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 beha f 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 comer of the site) comes into the site approximately 400 feet and terminates in a cul-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 eventually connect to Ten Mile Creek Drive when it is extended in the future. TM Creek AZ13-015; PP43-030 PAGE 14 EXHIBIT A 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 2 full -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 HS1214212620) 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 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 full 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 Council 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 11-313-7C. 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 TM Creek AZ -13-015; PP -13-030 PAGE 15 EXHIBIT A 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 1I - 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 (11 -3A -6B) states that fencing along all natural 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 114-3-27 upon development. Sidewalks & Parkways: As set forth in UDC 11-3A-17, 5 -foot wide detached sidewalks are required along all arterial and collector streets; the minimum width of parkways planted with Class H 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 along 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 1I - 3A -17 and 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 natural amenity and is not 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 runs 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. TM Creek AZ -13-015; PP -13-030 PAGE 16 EXHIBIT A 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 10, 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 11-3A-19, the design features described in the TMIASP, and the urban/suburban design guidelines contained in the design manual. In summary, Staff recommends 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: ]/14/14) 5. Conceptual Building Elevations (dated: 9/17/13) 6. Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads 7Internal Pedestrian Plan 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 17 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 1/8/14) M !HIM! V _—Z-4 4 .1. c .7 . . . .. ............ MEW ��y P�T .6 R FOR OWNER m 1 -MENREVIEWEW 13IUGHTON XV— !7 S=-� MN I SM LAYM 1 20PS Exhibit A Page 1 EXHIBIT A MAIILLIN dNKSlYq AVE MR Ofo 43•x'-•.. � • � FOR OWNER I 0KELLER ¢ TM GILLNPMlMINMY PMT 120M?- .:""�"'• BRIGHTON REVIEW _ � � dart-oP-war ncTKM foFf Exhibit A Page 2 EXHIBIT A 3. Proposed Landscape Plan (dated: 9/11/13) 0 1 A TN" oentiv won I B l�tls.: •eYr TenllYeloeO i .aws. C., swrn.a�x.o U awr�cww w.. wen Prq%d WbuNWO: R® •o�r..nnP..e Exhibit A Page 3 EXHIBIT A Exhibit A Page 4 EXHIBIT A 4. Conceptual Development Plan (dated: 1/14/14) i. t _' 171661_ _. Gw i OHM .. G-rfNfG G�tWG I -� / f �ConceotSite Plan (ukpdadkvryFrWbp%—V) ..� -2- M1-4— EXHIBIT A 5. Conceptual Building Elevations ((Iated: 9/17/13) GC ..14 CC Xew:i A oc Xmal ro-;l.a Ge. oa=..m i 7 s IR'-Xilih GL-P¢len IIF-ST1.1ku, II:C � SVNI.:w� P- W 6lunfom- � reYN', J EXHIBIT A 6. Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads rix t+NV14. ACH Br.K.irrl!ferf� �'ce May 19.2010 The Honorable Tammy De Weerd City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 RE- Brighton Corporation Ten Mile Area Access Study Dear Mayor de Weetd: Sherry R. RuEa, Reddest Rabe= W. krotl, vice heild rat Jain S RaWtn, CumMcaonx Coral A Rdiee, Cemn enie er sva tiL falarr oxnMkoOrer ACHD staff has completed the comprehensive evaluation of the Ten Mile Area Accu Study Prepared by HDR Engirteerirg oo behalf of the Brighton Corporation, Your ietter of March 9, 2010 requested ACHD to evaluate the proposed access polMs on Ten Mile Road and Franklin Road for safety, efficiency and consistency with ACHD policy. Over the past two months, staff has worked with Brighton to further evaluate the access study and through an Iterative process bas readied a conclusion satisfactory to both ACHD and Brighton, Through this process ACHD las strived to balance the treads of the future development of the area as envisioned by the City's land use planning efforts while maintaining the function and integrity of the arterial roadway network. In our review of the information provided it was determined that root all of the requested access points were necessary to serve the anticipated development of the area, nor could they be safely accommodated along the arterial roadways. The final determination by ACHD is consistent with ACHD policy, addresses safety concerns ACHD had with die original proposal and does not appear to negatively impact the operation of the Ten Mile RoadlFronklin Road intersection nor the efficient flow of tragic on Ten Mile and Franklin Roads in the vicinity. ACHD approves the fdiowing access points on Ten Mile Road and Franklin Road for the 40 acre Brighton parcel st the southeast comer of the intersection based upon the future hand use as designated In the City's Comprehensive Plan. This approval is contingent upon the parcel developing consistent with those land use designations and is subject to change or modification if the proposed land uses and/or tragic conditions change in the future. All disrmices we approximate and will be determined and approved by ACIID during design. In Mile Road 330' south of Franklin 28' wide right-inhight-out driveway, medius restricted To Include 100' right tum bay and 1:10 deceleration taper 730' sotnh of Franklin 28' wide right-irt/rigWout driveway, median restricted To include 100' right tam bay and 1:10 deceleration taper 1150' south of Franklin 46' wide full access driveway or future public street To include 100' right tum bay and WD deceleration taper -4- EXHIBIT A To include 200' left turn storage bays north and south U-turns on Ten Mile allowed Franklin Road 350' east of Ten Mile 28' wide right -Wright -out driveway, median restricted 660' east orTen Mile 28' wide left-in/rigbi-in/right,out driveway, median restricted Left -in movement limited to south side only To Include 1 DO' right rum bay and 1:10 deceleration taper To include 100' left tum storage bay I ISO' east erTen Mile 46' wide full access signalized driveway or future public street Signal to be installed when warrented in future To include 100' right turn bay and 1:10 deceleration taper To include 200' left tum storage bays east and west The access points listed above are different from that depleted in the City's Ten Mile Interchange Specific Area Plan, the pians for IM's Ten Mile Interchange project and the plans for ACHD's Franklin Road, Ten Mile to Linder project. ACHD would appreciate the cooperation of the City to coordinate thr necessary changes to the affected projects as appropriate. If you or your staff has any questions, please contact me at 387-6180, Sincerely, Gary Inselnum Manager, Right-or-WayandDevelopment Services cc: J. Schweitzer, ACHD Director David Turnbull, Brighton Corporation Caleb Hood, City of Meridien Craig Jackson, CH2M-Hill Jeff Morf, RE, (TD District 3 -5- EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.11 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 signed 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. Aeeess as shown an the prelifainary plat and e8fleept pla ineluded in Exhibit A requires approval of awn -ver f0om City Couneil on seeer-d with rmr 11 3A 3. City Council approved a waiver to UDC 11-3A-3 for the accesses shown on the preliminary plat and concept plan. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. Aeeess as shown an the preliminary plate" eoneept plan ineluded ffi—n Exhibit A requires appFeval ef. a miniver- fmm City Council in ......a with rine 11 3A i City Council approved a waiver to UDC 11-3A-3 for the accesses shown on the preliminary plat and concept plan. 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 ACRD, 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 Council 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 g. A cross-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. -7- EXHIBIT A 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. 1E. The building ..1.emm on the eeneept plan t the ..Rhea. eemer of S Eagle Deed & Ten Mile TMISAP whieh ealls for buildings to "hA'd the e.... ws-' 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. in. 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 11 -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 A.3, 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, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously -scaled display and transom windows, pedestrian—scaled signs and banners, and awnings or canopies for sun shading; s. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the rolan in Exhibit A.7. t. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrigation District Business Owner/Tenant Requirements: u. 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). v. 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. w. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive 8- EXHIBIT A 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. Signs 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. 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 Creek 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. f. 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. A cross -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 temporary 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 in accord with Street Section E on page 3-21 of the TMISAP. -9- EXHIBIT A e. The 10 -foot wide area shown on the north side of the Ten Mile Creek Drive street section as preserved for future roadway expansion shall be planted with grass in the interim. No 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. 1.1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of development. 1.1.5 A cross-access/ingress-egress easement shall be granted to the property to the cast (parcel #S1214212620) 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. 1.1.7 The developer shall obtain an easement from the appropriate agency 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 C -G, TN -C, and R40 zoning districts listed in UDC Table 11-213-3, 11-2D-5, and Table 11-2A-8 respectively. 1.2.2 Comply with all provisions of 11-3A-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 ACRD. 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 11-3A- 15, UDC I1-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I 1-3C-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. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11-313-7C. -to- W.416111 -11-M-1 1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-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 asset forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-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 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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- 3A-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 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset 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 11-613-7. 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 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT -11- EXHIBIT A 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 alternate 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. 2.2.3 The applicant shall provide casement(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 any existing surface or well water for the primary source. If a surface or well source is not available, a single -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 11-3A-6. Plans shall be approved by the appropriate inigation/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. 12- EXHIBIT A 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 11-12-311. 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 1 -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 ACRD. 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. 2.2.21 100 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. -13- EXHIBIT A 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 form 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. 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 HIGH WAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Franklin Crossing Avenue - The applicant has proposed constructing the roadway to provide 3 lanes plus parking to facilitate the future expansion of the roadway to a 5 lane section without parking, if necessary in the future. a. The right-of-way and street sections should be constructed consistent with the cross sections depicted in Finding 4. b. Reconstruct the existing 46 -foot wide full access approach onto Franklin Road located 1,180 -feet east of Ten Mile Road, for the proposed Franklin Crossing Avenue. c. The northbound leg of the intersection shall be striped with 2 receiving lanes; a center blanked out lane, and dedicated right and left turn lanes. d. The first 200 -feet of the new roadway south of Franklin Road should be signed for "NO PARKING". e. Coordinate the design, striping, and signage of the northbound leg of the intersection with District Traffic Services and Development Review staff. 7.1.2 Franklin Crossing Avenue — Future Signal - Design and install a signal at the Franklin Road/Franklin Crossing Avenue intersection. The signal shall be constructed through the signal poles and luminaires, prior to signature on the first final plat. When the signal is warranted in the future, as determined by ACED, the District will complete the installation of the mast arms, signal heads, controller and wiring and put the signal into operation. 7.1.3 Franklin Crossing Avenue Driveways -Construct 6 30 -foot wide curb return driveways onto Franklin Crossing Avenue as proposed. a. Align centerline to centerline on both the east and west sides of Franklin Crossing Avenue. 14- EXHIBIT A b. Two of the driveways located approximately 270 -feet south of Franklin Road shall be median restricted as right-in/right-out only driveways. c. The other 4 driveways shall be full access and located 560 -feet, and 850 -feet south of Franklin Road. d. Pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of Franklin Crossing Avenue. 7.1.4 Ten Mile Creek Drive -Construct Ten Mile Creek Drive with two 11 -foot wide travel lanes, 12 - foot wide center landscape island, 5 -foot wide bike lanes, vertical curb, gutter, 8 -foot wide planter strip, and 5 -foot wide detached concrete sidewalks within 78 -feet of right-of-way. a. The center landscape islands shall have a maximum width of 12 -feet and platted as right- of-way owned by ACI -M. The applicant or the owners association shall enter into a license agreement with the District for any landscaping proposed within the center landscape island. b. Dedicate 98 -feet of right-of-way as proposed. c. Construct the first 300 -feet of Ten Mile Creek Drive east of Ten Mile Road, stubbing to the l 11acre parcel directly south and east of the site. Construct a temporary turnaround at the terminus of the stub street. d. Utilize the existing 46 -foot wide full access approach onto Ten Mile Road located 1,150 - feet south of Franklin Road for the proposed Ten Mile Creek Drive. e. Ten Mile Creek Drive will operate at a full access public street. This street, may be restricted to left-in/right-in/right-out, or right-in/right-out operations in the future if safety or traffic operations require modifications, as determined by ACHD. 7.1.5 Ten Mile Creek Drive Extension -Design Ten Mile Creek Road from its terminus (as constructed with this project) east to the proposed roundabout at the Ten Mile Creek Drive/Franklin Crossing intersection. a. If the right-of-way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roadway shall be constructed as a part of this project. b. If right-of-way and cost share agreement for the construction of the roadway cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for the construction of half of the road minus half of the design cost. 7.1.6 Ten Mile Creek Crossing Bridge -Submit the bridge plans for the crossing of the Ten Mile Creek (Franking Crossing Avenue) for review and approval prior to plan approval and signature of the first final plat. Dedicate additional right-of-way or a permanent right-of-way easement to a minimum 5 feet beyond the wing -walls of the structure. 7.1.7 Ten Mile Creek Drive Driveways — a. Construct a 30 -foot wide full access curb return driveway on Ten Mile Creek Drive as proposed. b. Construct a 30 -foot right-in/right-out curb return driveway on Ten Mile Creek Drive located approximately 900 -feet east of Ten Mile Road as proposed. The driveway can remain as full access until the roundabout is constructed at the Ten Mile Creek Drive/Franklin Cross 15- EXHIBIT A Avenue at which time it will be restricted with that project; or it may need to be relocated if it is within the influence area of the roundabout. c. Pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of Ten Mile Creek Drive. 7.1.8 Roundabout - Construct a roundabout at the Franklin Crossing/Ten Mile Creek Drive intersection at the south property line as proposed. a. Design and build the roundabout as a dual lane roundabout that can be modified as an interim single lane roundabout and expanded in the future if the collector roadways require 5 lanes in the future. b. If the right-of-way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roundabout shall be constructed as a single lane roundabout with this project. c. If right-of-way for the construction of the roundabout cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for half the construction costs of the roundabout minus half of the design costs. d. Enter into a development agreement with the District to be recorded against the land and notes that when the second lane needs to be added to the roundabout that the applicant or current property owner will pay their portion of the design and construction costs associated with the future roundabout expansion. e. Provide the preliminary deliverables for the roundabout design as part of the plan submittal as identified in District policy 5108.8.2. The roundabout shall be designed by a qualified designer following ACHD's Roundabout Design Guidelines. 7.1.9 Stub Streets - Construct Franklin Crossing Avenue to the south as a stub street, and Ten Mile Creek Drive to the east as a stub street. a. Construct temporary turnarounds at the terminus of both stub streets. b. Install signs at the terminus of both stub streets stating that, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." c. The temporary turnarounds shall be paved and constructed as standard cul-de-sac turnarounds with a minimum radius of 45 -feet. 7.1.10 Ten Mile Road Driveways -Utilize the existing 28 -foot wide restricted right-in/right-out driveways onto Ten Mile Road located 400 and 800 -feet south of Franklin Road as proposed. Pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of Ten Mile Road. 7.1.11 Franklin Road Driveways - Utilize the 28 -foot wide median restricted right-in/right-out driveway, onto Franklin Road located 400 east of Ten Mile Road and the left-in/right-in/right-out driveway 700 -feet east of Ten Mile Road as proposed. Pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of Franklin Road. 7.1.12 Tree Planter Policy -The District's Tree Planter Policy prohibits all trees in planters less than 8 - feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10 -feet. 16- 7.1.13 Landscaping Policy - A license agreement is required for all landscaping proposed within ACRD right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 - foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 7.1.14 Plat Restriction - Ten Mile and Franklin Road are classified as principal arterial roadways. Franklin Crossing Avenue and Ten Mile Creek Road are classified as collector roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.15 License Agreements - Dedicate all islands as right-of-way owned by ACRD; and the Developer or Property Owners Association should apply for a license agreement if landscaping is to be placed within the islands. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACRD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable -17- EXHIBIT A ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary LOCATED IN NW 114 OF SECTION 14, T3N., RAW B.M. ADA COUNTY, IDAHO NVIC 1yeM roe FRANKLIN ROAD 10 11 M,YOI qW law .......0 —..... I S I S I CURRENT ZONE: RUT I PROPOSED ZONE: C-O,'fN-C & R-40 W 1,976,231 SF e! 46.34 AC M_ wlrcw wm N I I g orra'ww 1 NJP 1 qRW 6N gMblrW wm �++� wnw rqr ei� \ uqw ,aK ePgwwrr len e vtv- Ow ql M 0 wwl It" '1Yere OrAr R I BRIGHTON aCORPORAIMM KELLER noW�eu ANNEXATION BOUNDARY A_ LEGAL DESCRIPTION MAP FOR TM CREEK -19- anwceir mwvee �Wrre ludo D4q TNLB1r WXo euwnm cl W, w.r r•glr nae rsr er•wrw w ar.w !wr q'crlr rar mar emnww 0! N.w IrM rww qte Nlr i'wgtV -19- EXHIBIT A LBOAL DESCRIPTION TM Creek Annexation Legal Being a portion of N W 114 of Section 14 Township 3 North, Range I West, Boise Meridian, Ada County, Idaho described as: Commencing at the northwest corner of sold Section 14; running thence along the north line of said Section 14 S89W50"E 1577.99 feet; thence 300"34'40"W 704.71 fast Io the north line of Ton Mile Stub Drain; thence along said north line S89"51 %6'W 249.02 fat to the east line of the N W I/4NW I/4 of said Section 14; thence along said along said cam tine S00"34401W 120.00 feet to the south line of said Ten Mile Stub; thence along said south line N89"5I WE 249.02 fed; theme S00"34140"W 503.95 feat to the sant line of the NEI/4N W I/4 of saW Section 14; thence along said south line N89"11'04"W 249.00 feet to the SE corner of the NW I/4NW 1/4 of said Section 14; thence slang the south line of said NW 1/4NW 1/4 N89°10'41 "W 371.69 feet to the centedine of the Kennedy Lateral; thence along said centerline the following nine (9) courses, (1) N50 -58.33-W 17.95 feot the= (2) N53.11'09"W 195.60 feet; thence (3) N6Y20'57' W 85.70 feet to a point of curve; thence (4) along said curve to the left 68.61 feet(Cu ve Date: Radius=69.99 feet, Della=5601012", chord bears N89°26'39"W 65.90 feet] thence (5) S62927145"W 91.30 feet to a point ofeurve; thence (6) along said curve to the tight 107.70 feet(Curve Data: Radius -199.99 feel, Del(a-30'51' l6", chord bears 877853'45"W 106.40 fed); .thence (7) N86°40'15"W 156.20 fed to a point of carve; duce (8) along said curve to Ibe left 92.42 feet(Curve Data: Radius -199.99 fel, Del(a--6128140", chord bears S80'05103"W 91.60 feet); thence (9) S66"50'21 "W 186.46 fed to the intersection of the center inn of said of Kennedy Lateral and the easterly right of way of Tech Mile Rd.; thence N89026121 "W 40.05 feet to the west line of said Section 14; thence along said went line N0003339"B 1314.93 feet to the point of beginning. Parcel ConWns 45.34 Acres more or less. Basis of Bearing North section line of the N W I /4 of Section 14 Conuneming at the Northwest comer of Section 14; thence S89"09'50"E, a distance of 2657.99 feet to the N 114 of Section 14 .,eget Desalgloa, Page I d I -20- WV2r2l%V 40M so- V"m 11.11 if...... �,-...-...... EXHIBIT A _ wwe trnu 6R ZONE TN -C I 1.- ... —•x. g ZONE R-40 NWWVW IT.WI NWIV41-W SMW alp la4m ZONING BOUNDARY PTION MAP FOR TM CREEK _21_ ulmc ee/sn ,mor Gtww 249W loft! BRIGHTON CORPORAMON KELLER associates msaw�arl r teas - pass i EXHIBIT A LEGAL DESCRIPTION TM Crock C -G Zone Description Being a portion of NWI/4 of Section 14 Township 3 North, Range I West, Boise Meridian, Ade County, Idaho described as: Commencing at the northwest corner of said Section 14; running thence along the north line of said Section 14 S89009'50"E 1577.99 feet; thence S00934'40"W 294.20 fat; thence N89025'20"W 290.60 feet; thence N89026'49"W 287.44 feet; thence 300°33'11"W 186.45 feel; thence S00"OOW"W 243.81 feet to a point of tan-longent curve; thence along sold curve to de left 7.90 feet (Carve Data: Radlus-270.00 feet, Dolt"- *40'33", chord bean S89002'34"B 7.90 fed); thence S89"50'35"B 187,17 fed; theme 589°52'51 "E 176.26 fed; thence N87"54'01 "B 101.03 feet; thence N89"42'19"E 41.44 fact to the east line of the NW I/4NW I/4; thence along said cut line SOO'34'40" W 100.00 feet thence S89'51'06"W 91.91 feet thenceSOO"33'18"E 508.21 feet to the south line of said NW I/4NW I/4; thence along said south line N89" 1041"W 279.99 fed to the centerline of the Kennedy Lateral; thence along said antedinc the following nine (9) courses. (1) N50'58'33'W 17.95 feet; thence (2) N5301 1'09"W 198.60 feel; thence (3) N61 "20'57' W 85.70 fest to a point of curve; thence (4) along said curve to the left 68.61 feet(Ctnve Data: Radius=69.99 feet, Delta=5610' 12", chord beers N89"26'39"W 65,90 feet), thence (5) 562"27145"W 91.30 feet to it point of cum; thence (6) along said drive to the right 107.70 feet(Cerve Data: Radius -199.99 flet, Deka-30051'16", chord bears S77°53.45"W 106.40 feet); thecae (7) N86'40'1 5'V 156.20 feet to a point of curve; thence (8) along avid curve to the left 92.42 feet(Curve Data: Radius=199.99 feet, Dekea226'2840", chord beers S80005'03"W 91.60 fee); thence (9) S66'50'2I"W 186.46 foot to the Intersection of the centedine of said of Kennedy Lateral and Oro easterly right of way of Ten Mile Rd.; thence N8902621 "W 40.05 feet to the weal line of acid Section 14; thence along mid wast lire N00'33'39"E 1314.93 feet to the point of beginning. qP daTigedky` Parcel Contains 35.82 Acres more or less. Basis of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest comer of Section 14; thence 389'09'50"E, a distance of 2657.99 fed to the N 1/4 of Section 14 Load Donripton, Page I of I 22- EXHIBIT A LEOAL DESCRIPTION TM Creek R-40 Zone Boundary Pad of the NW I/4 of Section 14 Township 3 North, Range 1 Weal, Boise Meridian, Ada County, Idaho described as: Beginning at point on dw south litre 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 corner of sold Section 14, Running theme along said south line S99'51 '06"W 249.02 feet to the east line of the NW I/4NW IM of said Section 14; thence along said east line N00034'40"E 10.00 feet; thence 889"5 [W'W 91.91 feet•, thence S00e33'l8"W 508.21 feet to the south line of said N W I/4NW 1/4 of said Section 14; thence along said south line S89" 10141 "E 91.70 feet to the southwest comer of the N131/4NW I/4; thence along the south lima of said NEI/4NW 1/4 S89" 11'04"E 249.00 feet; thence N00034'40"E 503.95 feel the Point of Beginning. Parcel Contains 3.94 Acres more or loss Basis of Bearing _ North section line of the N W I/4 of Section 14 Commencing at the Nodhwest comer of Section 14; thence 399°09'50"E, a distance of 2657.99 feat to the NI/4 of Section 14 Legal Dmorlptim, PaWe I of I 23- LEGAL DESCRIPf10N TM Creek TN -C Zone Boundary Part of the N W I/4 of Section 14 Township 3 North, Range I West, Boise Meridian, Ada County, Idaho described as: Beginning at point being S89"09'50"E 1577.99 feel along the Section line and S00034'40" W 294.20 feet from the northwest comer ofrrald Section 14, Running theme N89 25'20"W 290.60 feat; thence N89"26'49"W 287.44 fee(; thence 900°33'11"W 186.45 fed; thence S00"00'OD"W 243.81 feel to a point of a non -tangent curve; thence along said curve to the left 7.90 feet (Curve Data: Radius -270.00 feet, Delta=l 040'33", chord beets S89`02'34"B 7.90 fed); thence 389052'51 "E 176,26 feet; thence N87654b I "E 101.03 feel; thence N89"42'19" E 41.44 feat (a the cast line of the NW I/4NW I/4 of said Section 14; thence along sold cast line N00034140"E 10.00 to Me norlh fine of Ten Mile Stub Drain; thence along said north line N9905l 06"E 249.02 feel; thence NO0°34'40"13410.51 feet the Point of Beginning, Parcel Caaabre 5.58 Acres more or less. Barris of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest comer of Section 14; thence SB9"09'50"E, a distance of 2657.99 feet to the N 1/4 of Section 14 Lead D"Ovion, ('age I of I 24- EXHIBIT A 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; The City Council 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, the City Council 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; The City Council finds that the proposed map amendment to the C -G, IN -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; The City Council 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. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council 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; The City Council 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 and Goals, Section VII, of the Staff Report for more information. -25- 133=011 11 WA b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council 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.) 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, the City Council 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; The City Council finds there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.) (see Exhibit B for more detail.). e. The development will not be detrimental to the public health, safety or general welfare; and Based on testimony presented for this project, the City Council finds the development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. -26-