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ApplicationHearing Date: February 16, 2016 Project Name: Knighthill Apartments File No(s).: H-2016-0002 Request: (MDA): Request to amend the recorded development agreement (DA) (Instrument #114014784) for the purpose of incorporating a new concept plan, building elevations and certain provision of the development agreement. Location: The site is located on the southwest corner of Chinden Boulevard and N. Linder Road in the NE'/4 o£ Section 26, Township 4 North, Range 1 West. CiWE IDIAN -- �tm�ocs ECEIVE JAN 0 8 2016 Planning Division nn \nFNT REVIEW APPLICATION In / C L T/QQ.l i ka an4p r 2-1446D STAFF USE O �Y/• A /� / Project name: K Ni 1!IA �� 6-eh.� ft p� r3 File number(s): to — 6 a Assigned Planner: Josti He" Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) 'Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: 4 _ lU til Phone: w° ` 1 Z-5 3 Applicant address: (��� Ai. Clo-Yy d g� �a Email: City: `'`'iP� State:P Zip: Applicant's interest in property: �K Own ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Owneraddress: ;w, N' . �� v- �� ltiF.'S.:'. �J� `� Email: City: "j� C State , . Zip: Agent/Contact name. (e.g., architect, engineer, developer, representative):e'E'J� Firm name: Phone: Agent address: Email: City: State: ,! Zip: Primary contact is: KApplicant ❑ Owner ❑ Agent/Contact Subject Property Information Location/street address: i�`w161P�.+€� - �- Township, range, section: Assessor's parcel number(s): y %%533®Z'6 Total acreage: � Zoning district: Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning -1- (Rev. 06/1212014) Project/subdivision name: z, General description of proposed project/request: 13t* M'VA }j —770'n41i') rs,..Dl,esL Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): A Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? 5eifl ee 13 ;rt Primary irrigation source: F, S Secondary: Square footage of landscaped areas to be irrigated (ifpriroary or secondary point of connection is City water): IS 4 Z Residential Project Summary (if applicable) Number of residential units: 51 Number ofbuilding lots: 1 Number of common lots: n/a Number of other lots: n/a Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 11 2-3 bedrooms: 40 4 or more bedrooms: Minimum square footage of structure (excl. garage): see attached table Malum building height: 34'-3" Minimum property size (s.t): n/a -single property -3.03 acres Average property size (s.f.): n/a Gross density (Per UDC ll -]A-1): 17 units per acre Net density (Per UDC 11-1A-1): Acreage of qualified open space: .44 acres n/a Percentage of qualified open space: 14.6% of gross area Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Per 11-4-3-27-C : 51 units x 250 sq. ft, per unit = 12,750 required, 19,442 provided Amenities provided with this development (if applicable): Clubhouse, Exercise room, Plaza, Play Structure Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex JAMulti-family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name Applicant signature: Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Community Development n Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884.5533 Fax: 208-888-6854 www.meridiancity.org/plmning -2- (Rev. 0 611 212 0 1 4) James R. Wylie December 10, 2015 Project Narrative for Knighthill Subdivision: Lot 2 We intend to develop Knighthill Subdivision Lot 2 into a 51 -unit multifamily apartment complex. We believe this development will act as an excellent buffer in between the existing residential lots and the heavy commercial lots. We will submit a Development Agreement Modification, as well as a Conditional Use Permit Application. The original DA was approved by the City of Meridian on July 31, 2006 as Instrument number 106133368. We first amended the development agreement in 2014, approved on February 27, 2014 as Instrument number 114014784. This first amendment to the DA did not include multi -family as a possible use in the General Commercial Zoned lots that reside within Knighthill Subdivision. The design examples included in the DA only contain architectural styles and features consistent with commercial buildings, not residential. This is shown in Exhibit A of the first amendment of the DA, and is referred to by section 5.1.6. We would like to modify the DA again in order to be able to develop lot 2 into a multi -family complex. We will submit a new example of a building elevation that will be incorporated into the DA to allow for multi -family development in the Knighthill Subdivision. We will also need to change the wording in section 5.1.9 in the first amendment of the DA, which only describes the development of commercial lots. We will need to include multi -family residential in this section along with commercial development. Please see attached for further explanation. EXHIBIT A Legal Description: Real Property in the county of Ada, State of Idaho, described as follows: Lots 1 through 5 in Block 1 of Knighthill Center Subdivision, according to the plat thereof, filed in Book 108 of Plats at pages 15077 through 15079, records of Ada County, Idaho ADA COUNTY RECORDER Christopher D. Rich 2015-012852 BOISE IDAHO Pgs=2 LIS/ -,TT 021191201501:53 PM JAMES WYLIE IN AMOUNT $13 00 WARRANTY DEED For Value Received, 00067224201500128620020028 James R. Wylie III aka James Renwick Wylie III, an unmarried man and James R. Wylie IV and Marcelyn L. Wylie, husband and wife, the Grantor, does hereby grant, bargain sell and convey unto, Knighthlll, LLC, an Idaho limited liability company, whose current address is 1676 N Clarendon Way, Eagle, ID 83616, the Grantee, the following described premises, in Ada County, Idaho, To Wit: EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, nght(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated; State of Idaho, County of Ada, ss. On this aye day of December in the year of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared James R. Wylie III, James R. Wylie IV and Marcelyn L. Wylie known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknovfledgeed, to me that helshelthey executed the same. Notary Public My Commission Expires: 01 A � � of b =NOTARY RGAN (seal) UBLIC DAHO Wariranty Deed Page 1 of I i { F I � z xs� � { f Ci i , 6 S � x iv c , � � vyae5l 1 � Ry xe 21 6$6 c on LI0 C l L ■c N ■ ■ E I� R. CITY OF MERIDIAN PRF, -APPLICATION MEETING NOTES Project/Subdivision Name: Knighthill Apartments Applicant(sVContact(s): Jake Wylie, Rennv Wylie, Erik Wylie 3G rATcbi+"t4"`f City Staff: Sonya Bill Btuce, Piriu. &i&n, ILick.T Location: 6241 N. Linder Rd. Comprehensive Plan FLU Designation: MU -C Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban Existing Use: vacanUundeveloped Proposed Use: MFR ecya u.��s 2� iplycttt zo wits; 16 uni-h USE SFR, ) Surrounding Usvacant/undeveloped land (commercial) Street Buffer(s) and/or Land Use Buffer(s): NA Open Space/Amenifies/Pathways: Comply with the open space &site amenity rE Access/Stub StreetslStreet System: N. Gertie Pl. at the south boundary & W.Eve Date: 1113115 Size of Property: 3.04 acres ❑ Suburban ❑ Rural Existing Zoning: GG Proposed Zoning: NA Waterways/ Floodplain/Topography/Hazards: not in floodplain History: AZ -06-006 (DA #106122368)' PP -06-005 TE -08-008 (expired). PP -13-031 VAR -13-_002 (granted riqht-inlright-out Additional Meeting Notes: • Modify the development agreement consistent with the proposed plan Krevise ruvvpof PlAn, btdg elev. 4+--�#) • A conditional use permit is required for a multi -family development in the C -G district T Note: A Tic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments andobr conditions on large projects may delay hearings) at the City please contact Mindy Wallace at 387- `6178 or Christy Little at 387-8144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (17D) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance X Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance X Conditional Use Permit ❑ Private Street ❑ Other Notes., 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. WE IDIAN�- E�.�EG Community Devebpment Deportment ProjeWSubdivision Name: Appiicant(SyContact(s): % Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 (2081887-2211 PRE -APPLICATION MEETING NOTES 1 Development Services Staff: �1yla�e__�L� r�cT�ct�Fr�r Sanitary Sewer Service: EXIc t ri j t; c cwt �.E�r Nr+iP� Date:__ Domestic Water Reuse Water Sendce. ..mcraayv rnwuylauv l UPUgrdprty/naCdrns: Gravity/Pressurized Urigation:Lp.___o', Street Lighting: The City of Meftan's Improvement Standards for Sheet UUtding ®n he found online at A di{��y�:at�Meeting N _I_— � C%UsursW wards�akmPl AppFcl- Mrong Nojss,&. Mapping P Mapping Provided: o Y YN Mapping Provided: Io Y -16VI�ti'Gti Wil I be,�' AhIc . District Se_444erS Rev. 10062015 Neighborhood Meeting Sign -In Sheet Name: o rot+., Vv Knighthill Lot 2 jl/(-C Z s Signature: r Knighthill Apartment Neighborhood Meeting Notes -Multiple neighbors showed up to the meeting on 11/18/15 -Had complaints and concerns about: Windows looking into existing homes People climbing fences Do not want to live next to 2 and 3 story apartments Do not want anything to be built on that lot Will move if apartments get approved Would like to see open area near existing homes Worried about the kinds of renters in the apartment complex Suggested patio homes instead of apartments Do not like the design or architecture of the buildings Do not want low-income renters Do not want immigrants renting and living next to them Worried about storage space for the renters Would like to see something that will beautify the area Worried apartments will ruin the value of Lochsa Falls Would like to see a different concept other than apartments We informed them that we would conduct an additional neighborhood meeting 12/7/15 Meeting Notes: -Neighbors had concerns and issues about: Storage space in the apartments Traffic increase into Lochsa Falls Would like to see more mature trees in landscape buffer Extreme concern about school capacities: Rocky Mountain and other local schools are full Worried about decreased home values Worried about low-income renters Would like to see speed bumps Would like to restrict access into Lochsa Falls Do not want anything built there because it blocks view of mountains Suggested a senior living community Suggested using Italian Spruce in the landscape buffer 0/11 044E IDIAN15- - C?AH Community Development Parcel Verification Date: 12/8/15 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Knighthill Apartments Parcel Number: R4995330020 Acres: 3.04 T/R/S: 4N 1W 26 Property Owner: Knighthill, LLC 1676 N. Clarendon Way Eagle, ID 83616 Address Verification Rev: 04/23/12 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. M44,1- ,1- IZi6/zp�5 Applicint/agepft signature Date Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridimeity.ortJnlanning Building Elevations 1 KNIGHTH.ILL RETAIL MULTI TENANT BUILO114G - CONCEPT 2 KNI GHTH ILL RETAIL MULTI TENANT BUILDING• CONCEPT I bus M,rl KniglAf ill NIDA 13-009 EXHIBIT A rL.._..__a n.._...._a 1L.._ .a.....a. An OH Q\ y gAr� i3;a r� ez RIP ds It x t 1 F ®RW Il q4 F 4' S{ i t y I#t"if illagi g, tit' it It 191 nrryrawr w.r ;� niwnrt mme armaar. _ Knighthill MDA 13-009 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided OWNERMEVELOPER: CITY OF MERIDIAN <y7— 1Mayer ny de Weerd Attest: Holman, City Clerk SEAL P1 Tfr ,T� "�19e i4E 15"R AmEmDmENT To DEvEApmENp AGREEMENT (MDA 13-019 KNiGHTflmL SummsioN) PACE 4oF 5 successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, 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 amendment 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development 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. 6. This amendment shall be effective as of the date herein above written. AMENDMENT To DEVEIAPMENT AGREE1.tW (MDA 13-019 KNIGHT141IL SUBDIVISION) PAGE 3oF 5 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existing domestic wells andlor septic systems within this project will have to be removedfrom their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6 That development of the property shall comply substantially with the Concept plan as attached in Exhibit A. 5.1.7 That the applicant shall provide signage which indicates that there is an exit towards W. Everest Lane. 5.1.8 That the applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W Everest Lane, which is a private street. 5.1.9 Future development of the commercial lots shall substantially comply with the elevations in Exhibit A of the original staff report, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 5.1.10 The mid -box building shall not exceed 30,400 square feet and any multi - tenant retail building shall not exceed 15,600 square feet as proposed. The maximum height of any commercial building on the site shall not exceed 35 feet consistent with the surrounding residential district. 5.1.11 A central plaza shall be located on Lot 1, Block I as depicted on the conceptplan. 5.1.12 Anyfuturedrive-throughuse located within 300feet ofresidential district or another drive-through establishment on this site shall obtain CUP approval. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or AMENDmr NTTo DEVEIAPAffiNT AGAEQdEw (MDA 13-019 KNIGNnELL SUBDMSION) PAGE 2oF 5 ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 5 BOISE IDAHO 02127114 02:02 PM DEPUTY BonnieOberbllllg III I'll'lll'I'IIIIII"IIIIIII�I'll'll RECORDED -REQUEST OF 114014784 Meridian City FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. James Wylie, owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this ;9 '�; day of E 2014, ("AMENDMENT'), by and between CITY OF MERIDIAN, a municipal corpora on of the State of Idaho ("CITY"), and JAMES WYLIE ("OWNER/DEVLEOPER'), whose address is 1676 N. Clarendon Way, Eagle, Idaho 83616. RECITALS A. CITY and former OWNER and DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on July 31, 2006 as Instrument # 106133368 on real property more particularly described in the Agreement. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically as to the new Owner/Developer and Section 5 as follows: Any reference to Owner/Developer shall refer to: James Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 5. CONDITIONSGOVERNINGDEVELOPMENTOFSUBJECTPROPERTY.• 5.1. "Developer "and/or "Owner"shall develop the 'Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 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