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ApplicationMayor Tammy de Weerd E IDIANR,>-- City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jacy Jones, City Clerk, by: Transmittal Date: June 1, 2016 Hearing Date: July 7, 2016 File No.: H-2016-0060 June 30, 2016 Request: Public Hearing Amendment to the Comp Plan Future Land Use Map to Change the Land Use Designation on 25.97 Acres of Land from Medium Density Residential to Mixed Use Regional & to change the Land Use Designation on 42.18 from Boise's "Suburban" Comp Plan Land Use Designation to Medium Density Residential; Annexation and Zoning of 14.41 Acres of Land from the RUT to the C-G Zoning District and Conditional Use Permit for a Multi -Family Development Consisiting of 312 Dwelling Units in the C-G Zoning District For Silverstone Apts By: DevCo, LLC Location of Property or Project: 4225 E Overland Road Ryan Fitzgerald (No FP) Meridian School District Gregory Wilson (No FP) Meridian Post Office Steven Yearsley (No FP) Ada County Highway District Patrick Oliver (No FP) Ada County Development Services Rhonda McCarvel (No FP) Central District Health Tammy de Weerd, Mayor COMPASS City Council Nampa Meridian Irrig. District Sanitary Services Settlers Irrig. District Building Department Idaho Power Company Fire Department Qwest Police Department Intermountain Gas Co. City Attorney Idaho Transportation Dept. City Public Works Ada County Ass. Land Records City Planner Downtown Projects: Parks Department Meridian Development Corp. Economic Dev. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control/Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org Hearing Date: July 7, 2016 File No.: H-2016-0060 Project Name: Silverstone Apartments — AZ, CPAM, CUP Request: Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use Regional and to change the land use designation on 42.18 from Boise's "Suburban" Comprehensive Plan Land Use designation to Medium Density Residential by DevCo, LLC, Location: The site is located at 4225 E. Overland Road, in the NE 1/4 of Section 21, Township 3N., Range 1 E. Request: Annexation and Zoning of 14.41 acres of land from the RUT to the C-G zoning district. Request: Conditional Use Permit for a multi -family development consisting of 312 dwelling units in the C-G zoning district. ECEIV6 MAY 1 C 201 CiWE IDIAN Planning Division BYJEVIEW APPLICATION STAFF USE ONLY: nn ii Project name:J Filenumber(s): 2-0 60060 A Assigned Planner: . jo5 A L&Aa k 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 Applicam name: DevCo LLC Phone: 208.336.5355 Applicant address: 4824 W. Fairview Avenue Email: jconger@congergroup.com City: Boise State: ID Zip: 83706 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 21Other Agent Owner name: William P. Bienapfl Jr. Phone: Owner address: 2674 S. Andros Email: City: Meridian State: ID Zip: 83642 Agent/Contact name (e.g., architect, engineer, developer, representative): Jim Conger Firm name: Conger Management Group Phone: 208.336.5355 Agent address: 4824 W. Fairview Avenue Email: jconger@congergroup.com City: Boise State: ID Zip: 83706 Primary contact is: ❑ Applicant ❑ Owner Z Agent/Contact Subject. Property Information Location/street address:4225 E. Overland Road Meridian 83642 Township, range, section: 3N 1E Sec. 21 Assessor's parcel number(s): S1121120900, S1121120802 Total acreage: 25.94 Zoning district: RUT S1121131200 Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone:. 208-884-5533 Fax: 208-888-6854 www meridiancity oreirlannine -1- (Rev. 061121 014) Project/subdivision name: Silverstone General description of proposed project/request: DevCo requests the inclusion of 42.18 acres into the Meridian Comp Plan Map; Comp Plan Map Amendment of 25.94 acres for Mixed Use; Annexation and C-G Zoning of 14.41 acres and a Conditional Use Permit for Multifamily Apartments on 13.51 acres. Proposed zoning district(s): C-G Acres of each zone proposed: 25.94 Type of use proposed (check all that apply): ® Residential ® Office ® Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Home owners association. Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Ridenbaugh Canal Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 312 apartments Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 108 2-3 bedrooms: 204 4 or more bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-IA-1): Acreage of qualified open space: 2.56 Maximum building height: _ Average property size (s.f): - Net density (Per UDC I 1-1A-1): 23.2 Percentage of qualified open space: 18.95% Type and calculations of qualified open space provided in acres (Per UDC 11-3G-3B): Clubhouse open land- scaped common areas 1/2 of street buffer. Amenities provided with this development (if applicable): See attached letter for list of amenities Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex CN Multi -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: Date: 05.13.2016 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ory/planning -2- (Rev. 0611212014) May 13, 2016 Mr. Caleb Hood, Planning Division Manager Planning Division City of Meridian 33 E. Broadway Ave., Suite 102 Meridian, Idaho 83642 RE: Silverstone Apartments East Overland Road Meridian, Idaho Dear Mr. Hood Attached for your review and favorable consideration is a request for a Comprehensive Plan Map Inclusion; applications for a Comprehensive Plan Map Amendment; Annexation/ Zoning; and Conditional Use Permit. These applications are for the purpose of developing the Silverstone Apartments. Silverstone Apartments is a 312-unit multifamily apartment development on 13.51 acres fronted by East Overland Road, located between Eagle and Cloverdale Roads. Silverstone Apartments is the first part of a master planned community, which integrates gated senior housing, a single-family subdivision and commercial/retail development on a 133.69-acre land site that strides the Meridian Area of Impact and Boise City Limit. Faced with challenges such as illegal parcel splits, limited sewer and water services, we have spent nearly a year working with City of Meridian Development staff, City of Boise Development staff, Ada County Highway District, Ada County Development Services, and Nampa Meridian Irrigation District. All those months of work and effort have culminated in this first submission to the City of Meridian. Additional information and supporting documentation is provided in the following applications. Please contact me should you have any questions or require additional information regarding these applications. Sincerely, / J9 Jim D. Conger JDC:ml DEVC0, Silverstone Apartments — Narrative Vicinity Map SUMMARY OF APPLICATIONS: • Request for Comprehensive Plan Map Inclusion • Comprehensive Plan Map Amendment • Annexation/Rezone • Conditional Use Permit Property Information Parcel Address Current Zone Proposed Zone 51121120900 E Overland Road Meridian, Idaho RUT S1121120802 S1121131200 Silverstone Apartments— Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 2 DEVCO,,, Adjacent Property Information Area Building Types and / or Uses: Zone North -Residential: Single family RUT- County South -Residential: Single family RUT -County East -Residential: Future Commercial R-113 - Boise City West -Commercial and Retail C-G - Meridian Pre -Application Meeting & Neighborhood Meeting Two pre -application meeting were held with the Meridian City Planning Division staff on November 20, 2015 and May 4, 2016. The neighborhood meeting was held on April 28, 2016 at 6:00pm by Conger Management Group on site and presented the proposed development design. Four (4) people attended the neighborhood meeting. Questions focused on apartment building design and the type of amenities the property will provide. One attendee asked if hunting would still be permitted on the property. Other questions were on the proposed access to the site and type of business on the commercial/retail portion. COMPREHENSIVE PLAN MAP INCLUSION Through a process taking about ten (10) months, DevCo appealed to the City of Boise for the de - annexation of 42.18 acres of property (land). The property is located east of the arterial intersection of Eagle and Overland and adjacent to South Cloverdale Road and just south of the West Overland and Cloverdale intersection. Bordered by the Ridenbaugh Canal and a major drain along most of the property's eastern border, sewer and water service to the property by the City of Boise was significantly hindered and providing such service would have come at a great short and long-term fiscal cost. Situated along a key corridor between Boise and Meridian, the property is a great asset to the City of Meridian as this area is growing residentially, commercially and with retail components. After meeting with Meridian Planning and Public Works staff and garnering their support, DevCo submitted a request to the City of Boise for de -annexation of the 42.18 acres. Upon review of our request, the City of Boise determined that the physical constraints make it difficult for the Public Works Department and United Water to provide public service to the property. They also determined it would be more efficient for the City of Meridian to service the property. Supported by Boise Planning & Development Services, and Public Works Department staff, on April 5, 2016, the Boise City Council unanimously approved to de -annex the property. Months of coordination and hard work now culminate in our request to the City of Meridian for inclusion of these 42.18 acres of property to the Meridian Comprehensive Map. Approval of this Comprehensive Map Inclusion Request with a Medium Density designation is crucial to the overall development plan for this property, which covers 126.93 acres in total. DevCo has master planned the property for multiple development uses and to support the existing and growing commercial and retail in the immediate Eagle and Overland corridors. Planned development on the property includes single- family residential, multifamily residential and commercial uses. We see this as a huge win for the City of Meridian. See attached public works letter supporting this 42.18 acres to include in Meridian. Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 3 Current Zoning Map 'Q sr Silverstone Apartments IandprODATA E Overland Road e ,� Rax4 SE ,nMAssT P� e Roa4 j� y� C sof a M1ESTATE f 2 _. — •N Ey, Em ., MTERIAL 0 I Friarmol S, Js� SIIII�T,0 Call. =IDA1iWdT N 4 tl I. m p 1119 GN Boa= to GARbfN CITY d CIVERILAND RD [. WRO AN tJ r� MGA Siff IJ STAR STAR a yE*` �� I J W r ©P � iC ND Id£' 'eq5 �' . p] E COPPFROJWT <]R- _ R4tl — m n 7 t C G 4N.0 m 'iN.R' [ A rr (� Wale Fwlures �. a _ �� �Q•�r O p 116L429v LN `i AW 21.2016- WetraDATA.[am The materials available at tell; web site am for informational swill I Inc. a'.. low reel purposes only and 4. w[ rlmstionta a legal Aocumem. COMPREHENSIVE PLAN MAP AMENDMENT This application requests the amendment the Meridian Comprehensive Plan Map of 26 (25.97 includes to centerline of Overland) acres to a Mixed Use Regional (MU-R) designation. This would expand the existing mixed -use designation of the Silverstone Business Park along the very busy Overland Road. The City of Meridian Comprehensive Plan ("Comp Plan") identifies general purposes of the Mixed Use Designation as to "provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers." Mixed Use designations are typically used to identify a key area within Meridian, which is situated in a highly visible area where innovative and flexible designs are encouraged. The Comp Plan identifies the intent of this designation as to promote developments that offer functional and physical integration of land uses while allowing developers a greater degree of design and use flexibility. Comprehensive Plan Map Si lverstone Apartments — Narrative and Summary of Applications. DevCo LLC, Real Estate Development Page 4 DEVC0. Silverstone Apartments landp oDATA E Overland Road ii 13 Rued6 �Q't LMLS IT }� ftNT GJ Nno yp RSTATEe COLLECTOR - PATERWL = T - :, F ✓ LLfiN- ,- Rvey m W LD Survey SedoneOOgRW.IOJCMry FF.%ST R'j� Lky Lgntls809EZAGLHUNHE 0 .Ili VY OVERLAND RD GARDENCITY � in ra y WEROAN ^` ` e— Site I"✓I,m:r v srnR pNE fly Cmnpfehengvfi Hurt '.� Menfean FNure LaM Uee j n Rue" Rue" - Law DIII Re61deAIM DenmlYRas dvnllal _ I( O Cf >< 6STH neXY Rav(IeMlal q0 ---. z / "M DSh6 KgpD AYR sb6ll6M OSTOIJF DN— - Ml dU6 RquaderO.1 _. amn1Lee, Mlxed uae Non ReoWellal T OR. tf-f)FFFFFW M DHlce ovlc POO s C. 'PzR F .. INed We lNe"henye Murree Mded u664,VIVorhood Ab M, d=C mm ty Mned V6e Comme'cbl s 00- M.xdum R69iena1 V old Taws Fir Low DavltY ER410MRM hWetl EmPlaYmeM "Tr DR s y Ham' % TOGC� �' 43-143757'11 11 CIA 42 96 W I M9M1 Den6ttY FIMIOMIenI y Y ^ Lneayte CeTM1er � � � p11G Ap 21, 2014- IandprODATA.oam The maredels available at Ch15 web Site are hur [Of0matrW 81 xale:1 Inch PWO. Iwo knt purposes only and do not consiltute a legal document. Under the Comp Plan, the Mixed Uses designation includes five sub -categories: Neighborhood, Community, Regional, Interchange, and Non -Residential. The following items are considered in all Mixed Use areas: • Residential densities should be a minimum of six dwellings per acre. The Silverstone Apartments meets the minimum of six (6) dwellings per acre. Where feasible, higher density and/or multifamily residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. This property is directly adjacent to the MU-R zone encompassing the Overland and Eagle Road intersection (Silverstone Business Park). Approximately one-half of a mile from SH-55, this property is an obvious/natural/ideal location for inclusion in the adjacent existing MU-R designation. Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 5 DEVCG. Asa portion of the 26 acres is planned for apartments, the property meets the Mixed Use Comp Plan goals and a clear choice for designation as Mixed Use. • Supportive and proportional quasi -public spaces and places are expected. Both of the commercial/retail and residential apartments uses planned on this site incorporate public spaces and places. Although the residential apartments private residences, they do incorporate a significant amount of quasi -public spaces available to the residents. Approximately 111,383 square feet of common open spaces is included in the apartment site plan. • All mixed -use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The designs for the commercial/retail and apartments incorporated both pedestrian and vehicular connectivity. With the site fronted by East Overland Road, pedestrian traffic has access to the both locations via the existing sidewalks on Overland. In addition to the existing Overland sides walks additional vehicular and pedestrian connections are planned in at least 3 locations in this development as well as to the existing commercial/retail to the west. This application requests the amendment the Meridian Comprehensive Plan Map of approximately 26 acres (includes to centerline of Overland) to a Mixed Use Regional (MU-R) designation. The 26 acres is directly adjacent to the existing Overland and Eagle Road Mixed Use Regional on the Meridian Comprehensive Plan Map. The Overland and Eagle Road arterial intersection is a major employment, retail hub in Meridian. Including the 26 acres in the current Mixed Use Regional designation of the Overland and Eagle Road arterial intersection will complement the existing and growing commercial/retail industry of the area. The Master Plan forthe property includes 24 acres of multifamily apartments and commercial/retail uses. The 24 acres is fronted by East Overland Road and is just east of the Overland and South Eagle Road intersection. Overland and Eagle Roads is a major commercial and retail hub in the city of Meridian. Located near this major hub the 24-acre property is ideal for multifamily apartments and commercial/retail uses. "a retail center should have supporting residential uses as well as supportive neighborhood and community services" The standards for the MU-R designation provide an incentive for larger public and quasi -public uses where they provide a meaningful and appropriate mix to the development. By combining commercial/retail with residential (apartment) uses, this development meets the standard for public and quasi -public uses and provides a meaningful and appropriate mix not only for the proposed commercial/retail development but also to the existing adjacent commercial/retail developments within the existing MU-R area. Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 6 '. AEAL ESTATE OEVELAPMfNT Based on available information, there currently exists a disproportionate percentage of commercial/retail to residential mix. Addition of 13.51 acres of residential to the existing MU-R will help meet the Comp Plan standards. The existing MU-R designation area that encompasses the Overland and Eagle intersection comprises approximately 555 acres. Of the 555 acres, approximately only 26.64 acres are residential uses totaling 4.8% and are concentrated in the southwest corner of the MU-R area. With much of the vacant parcels/lots within the Overland & Eagle MU-R area designated for commercial or retail it is unlikely additional residential will develop within this MU-R area. With the addition of 25.97 acres to the Overland & Eagle MU-R area, of which more than half that area is residential, the residential uses of the whole MU-R area will increase significantly to 6.9%. i� IandproDATA Eagle and Overland Arterial lntersedlon Comp Plan MU-RG Zone �FE1(IT rY n I / WBN En8 06 X _ `e ..'Oe08 e° Eyn 98 i, p ((( NET G _- / I 9 etl iAT —yIB INTEftSTPTE E TBEtl ry ¢nm I � _ 1 vx sT v: � � PPPPPP � T E�VE�IINa�PO i f i i WOV 1 r E u 333 ` i Y h .rvinr r+ n........ tx I Ott §V ry Vwi Jam, a naNnvle avvi vrev use weL Juertlw lnlwmitlonal �w1p purymu eniVamd no[�on:tiw�ea legeltlttuMnrt Silverstone Apartments - Approximately 13.51 of the 26 acres are planned for multifamily apartments, The Silverstone Apartments. Silverstone will provide housing opportunities for the existing and growing workforce of the Overland and Eagle commercial/retail hub. Silverstone will provide an ideal housing opportunity for the existing workforce in this area by minimizing the distance employees would need to travel. The close proximity promotes pedestrian and bicycle access to employment and retail services. The Silverstone Apartments will promote the areas existing and growing retail and commercial services with the opportunity for a stable workforce. Approximately eleven (10.63) acres of this property fronted by Overland are planned for commercial and or retail uses. As a major corridor for the existing and growing commercial/retail in the Eagle and Overland Road area, this section of Overland is an ideal location for commercial/retail. DevCo Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 7 DEVCOI,, developed a preliminary plan for this property but no exact uses have yet been finalized. Approximately 93,900 square feet of commercial/retail are planned for this location. Planning continues with exact uses and sizes to be determined when we have been able to negotiate commitments with business interested in locating to this property. ANNEXATION/ZONING DevCo requests with this application the annexation of the 13.51-acre multifamily apartment parcel, into the City of Meridian with the C-G zoning designation. The C-G zoning designation for this parcel matches the existing C-G zoning for the directly adjacent property. The C-G zoning allows for the proposed multifamily apartments and retail/commercial development. This will be the best use of this undeveloped land. Please see the Boundary and Annexation Legal descriptions prepared by Sawtooth Land Surveying included in the Annexation application for this parcel. In preparation for the submission of this application to the city of Meridian, DevCo prepared, applied and received "tentative" approval for a property boundary adjustment of the 13.51-acre parcel, which is Silverstone Apartments— Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 8 DLI/Cac to be the site of the Silverstone Apartments. The approval of this property boundary adjustment mitigates an illegal lot split that occurred sometime in 2002. See attached letter from Ada County Development Services Department. The parcel for the commercial/retail development, 10.63 acres will be created through a separate annexation/zoning and platting application. CONDITIONAL USE PERMIT Silverstone Apartments is a 312-unit multifamily apartment development on 13.51 acres. The property is located in South East Meridian, Idaho between S. Eagle Road and S. Cloverdale Road. DevCo respectfully requests the approval of a Conditional Use Permit for the development of a 312 multifamily apartment complex. Silverstone Apartments— Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 9 PRODUCT: DevCo enlisted the expertise of The Architects Office and T-0 Engineers to design a property that adds to the existing surrounding neighborhoods. The proposed designs incorporate Meridian's Multifamily Development Standards. Silverstone Apartments promotes multifamily residential development that increases the variety of housing choices in Meridian through context sensitive design. The building design incorporates timeless designs with three different building types and abundant open -green spaces. The low or no maintenance exterior incorporates stucco, cementitious siding, steel deck and rails and class A 30 year asphalt roof shingles. This infill development provides affordable housing to the Eagle and Overland arterial intersection with easy access to services and transportation. To meet the needs of Idaho's large bicycle culture, The Village Apartments incorporates an onsite large- scale bicycle storage and repair station. The onsite "Bicycle Barn" will have capacity to store from the elements approximately 60 bikes. Additional bike storage is included in the common areas. The property also accommodates a Clubhouse for tenant use. Included in the Clubhouse are a Great Room for common gatherings or events; a Conference room for smaller activities or meetings; the on -site Leasing Office; Restrooms; and a Fitness Center with various exercise equipment for the residents use. A Swimming Pool is adjacent to the Clubhouse; this area incorporates open air spaces and covered outdoor gathering areas for social activities. The design also includes garages for the residents. OPEN SPACE: Design of open space for multifamily apartments is crucial. Using our internal expertise, DevCo worked closely with The Architects Office and T-0 Engineers to design open spaces residents will want to utilize and enjoy. Focusing the open space around the Clubhouse as the core of the social spaces, T-0 Engineers designed a pool area, playground and a large open area. These four main components create areas for recreation, gathering, social interaction and physical activities. Smaller open spaces are designed within and around the four main components. Smaller opens spaces allow for a more private experience without creating isolated areas that are difficult to maintain and use. Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 10 DEUC0 PROJECT SUMMARY: • Number of Apartment Buildings 15 • Number of Garage Buildings 15 • Number of Dwelling Units 312 • Total Parking Spaces Require/Proposed 570/588 • Covered Spaces Required/Proposed 312/332 • Bicycle Parking Spaces Required (1:25) 12 • Bicycle Parking Spaces Proposed 190 • Common Open Space Required (square feet) 84,000 • Common Open Space Proposed (square feet) 111,383 AMENITIES: As the developer, we have a large amount invested in this property and we have researched, interviewed focus groups and followed the city ordinance to plan the most productive amenities for this area and this development. The amenity package proposed is as follows: • Landscaped Open Space: Silverstone Apartments meets the City's requirements for the required Common Open Spaces. The current Site Design incorporates an area of open space of approximately 111,383 square feet. • On -site Enclosed Bike Storage • Clubhouse • Swimming Pool • Playground • Onsite Management Office • Garages • Carports • Fitness Room • Conference / Business Center • Water Conservation Measures: This project will employ best water conservation management practices such as: Lawns o Use drought tolerant fescue blend turf. o Irrigate lawns with efficient MP pop-up spray rotors. o Pressure control all Hydro -zones Plant beds: o Use at least 75% drought tolerant plants (trees, shrubs and ground covers). o Mulch all planting beds. o Drip irrigation for plants in planting beds. Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 11 DEVCO. BUILDING ELEVATION RENDERINGS Clubhouse Rendering Clubhouse Rendering Silverstone Apartments — Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 12 REAL ESTATE DEVELOPMENT Foo o >§ \ ° ° . DEVC0., CONCLUSION DevCo respectfully requests approval of the Annexation, Property Boundary Adjustment, Development Agreement Modification and Conditional Use Permit applications to the City of Meridian. This multifamily housing development will provide 312 units of quality housing to Meridian residents while maintaining compatibility with surrounding neighborhoods and easy access to existing city services. Silverstone Apartments— Narrative and Summary of Applications DevCo LLC, Real Estate Development Page 15 Sawtooth Lane' )urv-;Ylnca, I_LG - - _ 1Nashingccn Ave,. Emmett. ID 63617 January 4, 2016 Movado Parcel B Legal Description A parcel of land located in the NE1/4 and the SE1/4 of Section 21, T. 3 N., R. 1 E., B.M., within the City of Boise, and Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 21; Thence South 89113'35" East, coincident with the north line of the NE1/4 of said Section 21, a distance of 1338.43 feet to the E1/16 corner common to Sections 16 and 21; Thence South 0024'28" West, coincident with the west line of the E1/2 of the NE1/4 of said Section 21, a distance of 794.28 feet to the POINT OF BEGINNING; Thence South 89°13'17" East, 187.44 feet to the westerly line of Cloverdale West Subdivision as shown on file in Book 39 of Plats at Page 3260, Ada County Records; Thence South 7022'14" East, 69.14 feet to the southwest comer of said Cloverdale West Subdivision and the northwest corner of Crawford Place Subdivision as shown on file in Book 79 of Plats at Page 8411, Ada County Records; Thence South 7121'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 173.00 feet; Thence South 27°06'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 100.00 feet; Thence South 45121'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 550.00 feet; Thence South 54006'57" East, coincident with the westerly boundary of said Crawford Place Subdivision, 822.94 feet to the east line of said NE1/4 of said Section 21; Thence South 0037'54" West, coincident with said east line of the NE1/4 of Section 21, a distance of 684.48 feet to a found aluminum cap marking the E1/4 corner of said Section 21; Thence North 89108'00" West, coincident with the south line of said NE1/4 of Section 21, and the northerly line of Muir Woods Subdivision No. 1, as shown on file in Book 80 of Plats at Page 8553, Ada County Records, 209.88 feet to the centerline of the Ridenbaugh Canal; P:\2015\15071-CMG-BIENAPFL COMM UNITY\Drawings\Descriptions\MOVADO RESIDENTIAL BNDRY LEGAL CITY PARCEL B.docx I� Thence South 39151'57" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 253.25 feet; Thence South 65004'09" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 100.00 feet; Thence North 84103'21" West, coincident with said northerly line of Muir Woods Subdivision No. 1, and the centerline of said Ridenbaugh Canal, 870.36 feet to a point on the west line of the E1/2 of the SE1/4 of said Section 21; Thence North 0013'41" East, coincident with said west line of the E1/2 of the SE1/4 of Section 21, a distance of 163.30 feet to the CE1/16 corner of said Section 21; Thence North 0024'28" East, coincident with said west line of the E1/2 of the NE1/4 of Section 21, a distance of 1864.88 feet to the POINT OF BEGINNING; The above described parcel contains 42.18 acres more or less. Basis of Bearings is North 89'13'35" West, between the found aluminum cap marking the corner of Sections 21, 22, 16 and 15 and the found brass cap marking the 114 corner common to Sections 16 and 21, all in T. 3 N., R. 1 E., B.M. P:\2015\15071-CMG-BIENAPFL COMM UNITY\Drawings\DescriptionsWOVADO RESIDENTIAL BNDRY LEGAL CITY PARCEL B.docx cage 12 N114 COR BASIS OF A J E. OVERLAND LINE TABLE SWEARING DISTANCE Li I NOTUSED NOT SE TUSED NOTUSED N i EO T USED NOTUSED NOi SED NOTUSED NOTUSED N T SE5oT7Y1PE [L10;S 57.8'07MEWE 58.14'0 T 0a527'OB'SPE 100.00' S07W-14r-E iD.CO' O-13'N'E 10.30' SBB'1 '1TE 187. o" r.,/P \RL PORo% PROJECT.' MOVADO RESIDENTIAL PARCEL B E MUIR WOODS SUB. MD.1 EXHIBIT MOVADO RESIDENTIAL PARCEL B SECTION 21, T. 3 N., R. 1 E., B.M. CITY OF BOISE AND ADA COUNTY, IDAHO CLOVERDAL E WEST SUBOMSION CRAWFORD PLACE SUBVWISION PARCELS MOVADO RESIDENTIAL 4218 Ac i SBS'08V3'E 1325.0E �WDIAN IRRIGATION EASEMENT 2030 S. WASHINGTON AVE. EMMETT, ID 83617 DEVCO LLC. AMA P: (208) 398-8104 qll F. (208) 398-8105 0112016 WWW.SAWTOOTHLS.COM NTS 15071 PROJECT# 15071 SHEET 1 OF 1 5awtooth Land 5urveylncj, LLC EXHIBIT A May 12, 2016 Zoning/Comp Plan Map Amendment Legal Description A parcel of land located in the NW114 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; BEGINNING at a found brass cap marking the N1/4 comer of Section 21; Thence South 89113'35" East, coincident with the north line of the NW114 of the NE1/4 of Section 21 and the centerline of E. Overland Road, 1338.43 feet to the northeast corner of said NW1/4 of the NE1/4 of Section 21; Thence South 0°24'28" West, coincident with the east line of said NW1/4 of the NE1/4 of Section 21, a distance of 794.28 feet; Thence North 89'13'17" West, 632.34 feet; Thence South 0011'04" West, parallel with the west line of said NW1/4 of the NE1/4 of Section 21, a distance of 98.73 feet; Thence North 89'13'17" West, 703.00 feet to said west line of the NW1/4 of the NE1/4 of Section 21; Thence North 0111'04" East, coincident with said west line of the NW114 of the NE1/4 of Section 21, a distance of 892.93 feet to the POINT OF BEGINNING; The above described parcel contains 25.97 acres more or less. Basis of Bearings is North 89013'35" West, between the found aluminum cap marking the corner of Sections 21, 22, 16 and 15 and the found brass cap marking the 1/4 corner common to Sections 16 and 21, all in T. 3 N., R. 1 E., B.M. R,\2015\15071-CMG-BIENAPFL COMM U N ITY\Drawi ngs0escriptions2ON ING-COMP PLAN MAP AMENDMENT.docx Page 11 N114 COR, SEC. 21 PROJECT: ZONING/COMP PLAN MAP AMENDMENT EXHIBIT B ZONING/COMP PLAN MAP AMENDMENT SECTION 21, T. 3 N., R. T E., B.M. ADA COUNTY, IDAHO E. OVERLAND RD. BASIS OF BEARINGS OWNERIOEVELOPER: WILLIAM P. BIENAPFL JR ........ ....... ........... oarE: stzala 1615 21122 9 NTS 2030 S. WASHINGTON AVE. I"' EMMETT, ID 83617 15071-EX P: 208 398-8iO4 [PROJECT# F' 20$�398-8105 15a71 SHEET WWW.SAWTOOTHLS.COMI 1 OF 1 T: 5awtooth lafid 5urveym.g, L-C EXHIBIT A May 3, 2016 Silverstone Apartments Annexation Legal Description A parcel of land located in the NW114 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; BEGINNING at a found brass cap marking the N1/4 corner of Section 21; Thence South 89113'35" East, coincident with the north line of the NW1/4 of the NE1/4 of Section 21 and the centerline of E. Overland Road, 703.00 feet; Thence South 0011'04" West, parallel with the west line of the NW 1/4 of the NE1/4 of Section 21, a distance of 892.98 feet; Thence North 89013'17" West, 703.00 feet to said west line of the NW1/4 of the NE1/4 of Section 21; Thence North 0011'04" East, coincident with said west line of the NW114 of the NE1/4 of Section 21, a distance of 892.93 feet to the POINT OF BEGINNING; The above described parcel contains 14.41 acres more or less. Basis of Bearings is North 89013'35" West, between the found aluminum cap marking the corner of Sections 21, 22, 16 and 15 and the found brass cap marking the 114 corner common to Sections 16 and 21, all in T. 3 N., R. 1 E., B.M. P:\2015\15071-CMG-BiENAPFL COMMUNITY\Drawings\Descriptions\SILVERSTONE APARTMENTS ANNEXATION LEGAL.docx 11 N114 COR. SEC. 21 W 0 0 s- EXHIBIT B SILVERSTONE APARTMENTS ANNEXATION SECTION 21, T. 3 N., R. 1 E., B.M. ADA COUNTY, IDAHO BASIS OF BEARINGS S 89°13'35" E 2676.87' . ..... _..... �1 __ POS 703, 00' T 1973.87' 14.41 Ac.+ N 89°13'17" W 703.00' PROJECT OWNEWDEVELOPERC S 11 V E R S O N, APARTMENTS :u:. WILLIAM P. BIENAPFL, JR 0 9 ti 0 fl 0 2030 S. WASHINGTON AVE. EMMETT, ID 83617 P. (208) 398-8104 F.- (208) 398-8105 16 15 2122 NTI DWG# 15071-EX PROJECT# 15071 512016 1 ;" WWW.SAWTOOTHLS.COMI 1OF1 5awtoot:h Land Surveying, LLC N, (208) 338-8104 F: (w5) 398 81 05 2030 a. Wash,ncj4:on Ave.. bl!M tU, .1.) 53G 17 December 15, 2015 Silverstone Apartments Legal Description A parcel of land located in the NW 1/4 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 21; Thence South 0111'04" West, coincident with the west line of the NW1/4 of the NE1/4 of said Section 21, a distance to 56.00 feet to an aluminum cap marking Station 183+23.89 56,00 feet right, on the southerly right of way of E. Overland Road, per ROS 8262, Ada County Records, and the POINT OF BEGINNING; Thence South 89013'35" East, coincident with said southerly right of way of E. Overland Road, 703.00 feet; Thence South 0111'04" West, parallel with said west line of the NW1/4 of the NE1/4 of Section 21, a distance of 836.98 feet; Thence North 89113'17" West, 703,00 feet to said west line of the NW1/4 of the NE1/4 of Section 21; Thence North 0011'04" East, coincident with said west line of the NW1/4 of the NE1/4 of Section 21, a distance of 836.92' feet to the POINT OF BEGINNING; The above described parcel contains 13.51 acres more or less. Basis of Bearings is North 89013'35" West, between the found aluminum cap marking the corner of Sections 21, 22, 16 and 15 and the found brass cap marking the 1/4 corner common to Sections 16 and 21, all in T. 3 N., R. 1 E., B.M. P:\2015\15071-CMG-BIENAPFL COMM UNITY\Drawings\Descriptions\SILVERSTONE APARTMENTS BNDRY LEGAL.docx Page 11 EXHIBIT SILVERSTONE APARTMENTS BOUNDARY LEGAL SECTION 21, T. 3 N., R. 1 E., B.M. ADA COUNTY, IDAHO 1. Lu a O tr: N114 SECTION 21 I BASIS GE BEARINGS N 89 ° 13'35" W 2676.87' S 89013'35" E 703.00' STA. 183+23.89 56.00' RIGHT 13.51Ac+ N 89013'17' W 703.00' SILVERSTONE APARTMENTS I THE ESTATE OF SUSAN M. BIENAPFL fi7kz"-i E. OVERLAND RD.16 15 21 22 ri NTS 2030 S. WASHINGTON AVE, DWG # EMMETT, ID 83617 15071 P.-(208) 398-8104 PROJECrji F. (208) 398-8105 15071 SHEET, WWW:SAWTnnTHI S_l:l?M 1 6F 1 Joshua Beach From: Mindy Wallace <Mwallace@achdidaho.org> Sent: Monday, May 23, 2016 1:11 PM To: Joshua Beach; Christy Little Subject: RE: Silverstone Apartments Josh, We received a draft TIS several months ago, it is our understanding that there have been several changes to the site plan since then, and we have received an updated study. Please let me know if you have any other questions. Mindy Mindy Wallace, AICP Planner III Ada County Highway District 208-387-6178 From: Joshua Beach Imailto:jbeach(almeridiancity.org] Sent: Monday, May 23, 2016 11:17 AM To: Mindy Wallace; Christy Little Subject: Silverstone Apartments I am wondering if a traffic study was submitted by the Conger Group for these apartments located just west of Cloverdale on Overland Road? Will you let me know? Josh Beach Associate Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 Phone:(208)489-0576 Fax:(208)888-6854 jbeachna meridiancity.or Recording Requested By and When Recorded Return to: Richard F. Goodson HAWLEY TROXELL ENNIS & HAWLEY LLP P.O. Box 1617 Boise, Idaho 83701 William P. Bienapfl Jr. Parcel No.: S1121120900 ADA COUNTY RECORDER Christopher D. Rich 2015-112485 BOISE IDAHO Pgs=3 CHE FOWLER 12/10/2015 04:07 PM HAWLEY TROXELL ENNIS AMOUNT:$16.00 IIIIIIIIII II I IIIllil11111111111lllll11111 1111 l 111 00173779201601124860030039 SPACE ABOVE THIS LM FOR RECORDER'S USE ONLY This Correction Personal Representative's Deed is being recorded to correct the legal description attached to that certain Personal Representative's Deed recorded November 16, 2015, as Instrument No. 2015-105335, records of Ada County, Idaho. CORRECTION PERSONAL REPRESENTATIVE'S DEED THIS CORRECTION PERSONAL REPRESENTATIVE'S DEED is made this / day of December, 2015, by and between THE ESTATE OF SUSAN M. BIENAPFL, Deceased ("Estate"), acting by and through WILLIAM P. BIENAPFL, JR., the duly appointed and acting Personal Representative of The Estate of Susan M. Bienapfl, Deceased (the "Grantor") and William P. Bienapfl, Jr. (also known as William P. Bienapfl), a married man, as his sole and separate property, whose current address is 2674 S. Andros Way, Meridian, Idaho 83642 (the "Grantee"). WHEREAS, William P. Bienapfl, is the duly qualified, appointed and acting Personal Representative of the Estate, which is filed as Probate Case No. CV IE 1518953 in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada. Pursuant to the powers vested in the Grantor, under the Uniform Probate Code, particularly Idaho Code Section 15-3-715, the Grantor, as Personal Representative of the Estate, does hereby quitclaim, transfer and convey to the Grantee, as his sole and separate property, all of Grantor's right, title and interest in and to that certain real properly situated in the County of - 1 - 93545.0008.7811299.1 Ada, State of Idaho, which is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by this reference. TOGETHER WITH the building, structures and improvements thereon and all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. IN WITNESS WHEREOF, Grantor has executed this Correction Personal Representative's Deed the day and year first above written. ESTATE OF SUSAN M. BIENAPFL, DECEASED By: GC/j r &4j , William P. Bienapfl, Jr. Personal Representative STATE OF IDAHO ) ) ss. County of Ada On this Uf day of December, 2015, before me, &Von D. yobvos , a Notary Public in and for said State, personally appeared WILLIAM P. BIENAPFL, JR., known or identified to me to be the person whose name is subscribed to the within instrument as Personal Representative of The Estate of Susan M. Bienapfl, also known as Clair Bush, Deceased, and acknowledged to me that he executed the same as such Personal Representative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. pN..R...9,7`. 7, , Notary Public for Idaho I SOTARY':.r % Residing at My commission expires D/- /$ 101 PUBLIC -2- 03545.0008.7811299.1 LEGAL DESCRIPTION A part of the Northeast quarter of Section 21, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North quarter corner of Section 21, Township 3 North, Range 1 East of the Boise Meridian; thence East along the section line 1152 feet to a point; thence South 0°35' East 407 feet to a point; thence South 83'15' West 1158.64 feet to a point; thence North 0°35' West 543.19 feet to the Real Point of Beginning. Excepting therefrom that portion deeded to Ada County Highway District in Warranty Deed recorded January 13, 2006 as Instrument No. 106006231 described as follows: A parcel of land being a portion of the Northwest quarter of the Northeast quarter of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 21, marked by a brass cap; thence North 89°14'30" West coincident with the North line of said Section 21 a distance of 1524.88 feet; thence South 00°23'33" West parallel with the East line of said Northwest quarter of the Northeast quarter of Section 21 a distance of 25.00 feet to the existing South right-of-way line of East Overland Road and the Point of Beginning; thence South 00023'33" West parallel with the East line of said Northwest quarter of the Northeast quarter of Section 21 a distance of 37.00 feet; thence North 89°14'30" West parallel with said North line of Section 21 a distance of 385.52 feet; thence North 00°45'30" East normal to said North line of said Section 21 a distance of 6.00 feet; thence North 89°14'30" West parallel with said North line of Section 21 a distance of 766.33 feet to the West line of said Northwest quarter of the Northeast quarter of Section 21; thence North 00110'30" East along said West line of the Northwest quarter of the Northeast quarter of Section 21 a distance of 31.00 feet to said existing South right-of-way line of East Overland Road; thence South 89°14'30" East coincident with said existing South right-of-way line 1151.92 feet to the Point of Beginning. -3- 03545.0008.7811299.1 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 02/24/03 1257 PM DEPUTY Michelle Turner RECORDED —REtJUGer n _ 958 AMOUNr 900 103030144 DEED BSB, L.L.C. Parcel No.: S1121120802 3 FOR VALUE RECEIVED, BIENAPFL FAMILY LIMITED PARTNERSHIP, the Grantor, does hereby grant, bargain, sell and convey unto BSB, L.L.C., the Grantee, whose address is 2674 S. Andros, Meridian, Idaho 83642, the following described premises, to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. DATED: February _, 2003 BSB, L.L.C. SUSAN MARIE BIENAPFL General Partner STATE OF IDAHO ) ) ss. County of Ada ) On this ,20 day of February, in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared SUSAN MARIE BIENAPFL, known or identified to me to be the General partner of the partnership of BSB, L.L.C., who subscribed said partnership name to the foregoing instrument, and acknowledged to me that she executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NNNoauy * �! • V ASSq l �E P O +O-TAR I- * Notary Public for Idaho '•'�G Residing at ,�O/S� , Idaho • PUBS �Op My Commission Expires: 11-116-fl6- ��e TE OF �O A parcel of land lying in the East 1/2 of the Northeast `14 of Section 21, T. 3 N., R. 1 E., B.M., Boise City, Ada County, Idaho, being more particularly described as follows: Beginning at the Northeast corner of said Section 21; thence South 00"38'26" West, along the east boundary of said section a distance of 101.00 feet to the northeast comer of Cloverdale West Subdivision as filed in book 39 of plats at page 3260, Ada County records; thence along the northerly and westerly boundary of said subdivision for the following seven (7) courses: South 81 °23'26" West, a distance of 221.00 feet; thence South 8505326" West, a distance of 700.00 feet; thence South 71008'26" West, a distance of 100.00 feet; thence South 47"38'26" West, a distance of 100.00 feet; thence South 27038'26" West, a distance of 100.00 feet; thence South 05°08'26" West, a distance of 350.00 feet; thence South 07'21'34" East, a distance of 127.00 feet; thence leaving said boundary and following along the westerly boundaof Crawford Place Subdivision as filed in book 79 of plats at page 8411, Ada Co�lnryry ty records for the following three (3) courses: Page I oft EXHIBIT A South 07°21'25" East, a distance of 173.00 feet; thence South 27006'25" East, a distance of 100.00 feet; thence South 45021'25" East, a distance of 42.91 feet; thence leaving said boundary North 89012' 55" West, a distance of 297.16 feet to the west boundary of the East '/2 of the Northeast ''/b of said section 21; thence North 00'25'08" East along said west boundary (formerly described as N00°22'19"E), a distance of 1152.11 feet to the north boundary of said section 21; thence South 89012' 55" East along said north boundary, a distance of 1338.44 feet (formerly described as 1338.38') to the point of beginning. Contains 10.00 acres of land, more or less. Page 2 of 2 03/26/2003 14:00 FAX 206 366 9426 DAVISON & COPPLE Z 002 ADA COUNTY RECORDER J. DAVID NAVARRO 6 BOISE IDAHO 04I07/03 09:11 AM DEPUTY Joanne Hooper BIENAF LF FAMILY AMOUNT Ili IIII'IIIIIIII'll'IIIII'II'IIIII'I� BIENAPFL FAMILY AMOUNT 10.00 103056905 DEED FOR VALUE RECEIVED, BIENAPFL FAMILY LIMITED PARTNERSHIP, the Grantor, does hereby grant, bargain, sell and convey unto BSB, L.L.C., the Grantee, whose address is 2674 S. Andros, Mcridian, Idaho 83642, the following described premises, to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the said premises, with their appurtcnanccs unto the said Grantee, its successors and assigns forever. DATED: ''_, 2003 STATE OF IDAHO ) ) ss. County of Ada ) 4- / d 30310 /V V BIENAPFL FAMILY LIMITED PARTNERSHIP By rar u J SUSAN MARIE BIENAPFL General Partner On tbis /L ! da of� in the year 2003, before me, the undersigned, allotary Public in and for State, pet4omlly appeared SUSAN MARTS BIENAPFL, known or identified to me to be the General partner of the partnership of BIENAPFL FAMILY LIMITED PARTNER- SHIP, who subscribed said partnership name to the foregoing instrument, and acknowledged to me that she executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. G EsusAN SEYYEbY Public f Idaho'✓ Notory PubOc Residing at �7z- i.S e , Idaho State of Idaho My Commission Expires: My Commission Expires On October Y9, 2008 Claiborn Waite Consulting, LLC 3550 E. Commercial Court Suite 201 Meridian, Idaho 83642 (208) 288-2693 May 2, 2002 BSB, LLC PROPERTY 5 ACRE COMMERCIAL PARCEL MERIDIAN, IDAHO A parcel of land lying in the West 112 of the Northeast'/< of Section 21, T. 3 N., R. 1 E., B.M., Meridian City, Ada County, Idaho, being more particularly described as follows - Commencing at the Northeast corner of said Section 21; -.thence North 89012'55" West, along the north boundary of said section a distance of 1338.44 feet (formerly described as 1338.38') to the northeast comer of the West %of the Northeast '/< of said section 21, the REAL POINT OF BEGINNING; thence along the east boundary of said West Y, South 00°25'08" West, a distance of 1152.11 feet; thence leaving said boundary North 89°12'55" West, a distance of 186.44 feet; thence North 00°25'08" East, a distance of 1152.11 feet to the north boundary of said section 21; thence South 89'12' 55" East along said north boundary, a distance of 186,44 feet to the point of beginning. Contains 4.93 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. Paoe I of I - cloiborn -^- w aite consulting, lic engineers & surveyors 1461 S. Teare Avenue Meridian, Idaho 83642 (208) 288-2693 Fax (208) 884-8002 May 2, 2002 Revised: April 2, 2003 BSB,LLC PROPERTY 10 ACRE COMMERCIAL PARCEL BOISE, IDAHO A parcel of land lying in the East 1/2 of the Northeast''/< of Section 21, T. 3 N., R. 1 E., B.M., Boise City, Ada County, Idaho, being more particularly described as follows: Beginning at the Northeast corner of said Section 21; thence South 00°3826" West, along the east boundary of said section a distance of 101.00 feet to the northeast corner of Cloverdale West Subdivision as filed in book 39 of plats at page 3260, Ada County records; thence along the northerly and westerly boundary of said subdivision for the following seven (7) courses: South 81 °23'26" West, a distance of 221.00 feet; thence South 85053'26" West, a distance of 700.00 feet; thence South 71 °08'26" West, a distance of 100.00 feet; thence South 47°38'26" West, a distance of 100.00 feet; thence South 27°38'26" West, a distance of 100.00 feet; thence South 05008'26" West, a distance of 350.00 feet; thence South 07°21'34" East, a distance of 127.00 feet; thence leaving said boundary and following along the westerly boundary of Crawford Place Subdivision as filed in book 79 of plats at page 8411, Ada County records for the following three (3) courses: Page 1 of 2 South 07"21'25" East, a distance of 173.00 feet; thence South 27006'25" East, a distance of 100.00 feet; thence South 45021'25" East, a distance of 42.91 feet; thence leaving said boundary North 89°12' 55" West, a distance of 297.16 feet to the west boundary of the East'/: of the Northeast'/4 of said section 21; thence North 00025'08" East along said west boundary (formerly described as N00"22'19"E), a distance of 1152.11 feet to the north boundary of said section 21; thence South 89012' 55" East along said north boundary, a distance of 1338.44 feet (formerly described as 1338.38') to the point of beginning. Said parcel contains 10.00 acres of land, more or less. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: A parcel of land for right-of-way being a portion of the NE1/4 NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., Ada County, Idaho, described in warranty deed with instrument number 100012259, of Ada County Records, and being more particularly described as follows: Beginning at a point of intersection for the right-of-ways of Cloverdale and Overland Roads, said point lying 25.00' south and west from the northeast corner of said NEIA NE1/4 section 21; thence South 00038'26" West, (formerly described as S00°36'46"W), a distance of 30.00 feet; thence North 44017'15" West, (formerly described as N44°18'52"W), a distance of 42.48 feet; thence South 89012'55" East, (formerly described as S89014'30"E), a distance of 30.00 feet to the point of beginning. Said exception parcel contains 450 square feet of land, more or less Prepared by: Todd R. Waite P.L.S. Page 2 of 2 Bienapfl Family LP Parcel No.: S1121131200 RECORDED -REQUEST OF ADA COUNTY RECORDER J. DAVID NAVARRO FnISr,1000 FEEj_d:_DEPUT'Y - 1999 NO 12 Ali 10. 52 991 10170 X - GRANT DEED THIS GRANT DEED, made this Z day of J_ 1999, by William P. Bienapfl and Susan Marie Bienapfl, husband and wife, the "Grantors," and The Bienapfl Family Limited Partnership, an Idaho limited partnership, the "Grantee," whose address is 4225 E. Overland Rd_, Meridian, Idaho 83642. WITNESSETH: FOR VALUE RECEIVED, Grantors do hereby grant, bargain, sell and convey to Grantee and to its successors and assigns forever, all that certain real property located in Ada County, State of Idaho, more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereinto belonging or in anywise appertaining, including any and all water rights, mineral rights, easements, rights -of -way, and all improvements located thereon; the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all estate, right, title and interest in and to the said real property, as well in law as in equity, of the said Grantors. TO HAVE AND TO HOLD all and singular the above -described real property, together with the appurtenances unto the said Grantee, and to its successors and assigns forever. GRANT DEED - 1 s: �at�nassesom �araoEm IN WITNESS WHEREOF, the Grantors have hereunto executed this Grant Deed as of the day and year first above written. Susan Marie Bienapfl e STATE OF IDAHO ss. County of Ada ) Al On this 3o day of 1999, before me, �a Notary Public in and for said state, Kersonally appeared William P. Bienapfl and Susan Marie Bienapfl, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] pel&y and year in this certificate first above written. V 6166ry Public /for Idaho� ";cti CFI 1.� Residing at / �LQQ/ tiOp My commission expires GRANT DEED - 2 s:\=i W� SAMMDIM EXHIBIT "A" Legal Description PARCEL A: The Northeast quarter of Section 21, Township 3 North, Range I East, of the Boise Meridian, Ada County Idaho, EXCEPT that portion described as follows: Beginning at a point on the section line located 101 feet south of the comer common to Sections 15, 16, 21 and 22 of said Township 3 North, Range 1 East, said point lying in the right bank of the Boise and Nampa Canal (Ridenbaugh Canal); thence South 80°45' West 221 feet; thence South 85°15' West 700 feet; thence South 70°30' West 100 feet; thence South 47' West 100 feet; thence South 27' West 100 feet; thence South 4°30' West 350 feet, thence South 80 East 300 feet, thence South 27�45' East 100 feet; thence South 46° East 550 feet; thence South 54°45' East 830 feet to the section line between Sections 21 and 22; thence Northeasterly, on the Section line, 1873 feet, more or less, to the Place of Beginning. and ALSO EXCEPT that portion described as follows: A part of the Northeast quarter of Section 21, Township 3 North, Range I East, of the Boise Meridian more particularly described as follows: Commencing at the north quarter comer of Section 21, Township 3 North, Range I East, of the Boise Meridian, thence east along the section line 1152 feet to a point; thence South 0035' East 407 feet to a point; thence South 83°15' West 1158.64 feet to a point; thence North 0035' West 543.19 feet to the Real Point of Beginning. EXHIBIT "A" - 1 c:,rl[emaasasom�r�ocFn PARCEL B: The portion of the Southeast quarter of Section 21, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, more particularly described as follows: Beginning at the East quarter comer of Section 21, Township 3 North, Range 1 East, Boise Meridian; thence North 89'21 %z' West 213.5 feet to center of Ridenbaugh Canal, the real point of beginning; thence North 89021'/2' West 2,443.9 feet to center of section 21; thence South 169.7 feet to center of Ridenbaugh Canal; thence along center of Ridenbaugh Canal as follows: South 89°04'/z' East t,198.8 feet to a point; thence South 84015' East 1000.00 fee to a point; thence North 64°52%z' East 100.00 feet to a point; thence North 39°29' East 251.0 feet to the real point of beginning. EXHIBIT "A" - 2 c.�aiExnoasae�unnvrvo�ro AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) William P. Bienapfl, Jr. Parcel No.: S1121120900 (name) mad ess)�a Nit iGi QnJ , (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: DevCo LLC 4824 W. Fairview Ave., Boise, ID 83706 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter_ the subject_pzoperty_ for the purpose of site inspections related to processing said application(s). Dated this _ day of / E C, .E i 7 Lee / 20��� (Si SUBSCRIBED AND SWORN to before me the day and year first above written. F. ,••~ "•. O L, (Notary Public for Idaho) Residing at: o pU�L1Calp ��: My Commission Expires: �56 Zir, —22 26! E pF IOPr`' Community Development • Planning Division • 33 E.. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-688-6854 www.meridiancitv.om/plmning AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA BSB, L.L.C. Parcel No.: S1121120802 1> �1�'�\'o.�. T 1Jr 1, \f ..c (name) Ci lN-3 A�. res%�a (city) (state) being first duly sworn upon, oath, depose and say: 2. 3. That I am the record owner of the property described on the attached, and I grant my permission to: DevCo LLC 4824 W. Fairview Ave., Boise, ID 83706 (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this Z V day of D E G cy 6 ¢ /* 20 / $ SUBSCRIBED AND SWORN to before me the day and year first above written. F.00 (Notary Public for Idaho) NOTE' Residing at:4�.n�c- i- I le O , My Commission Expires: G Gr`a��c �2 Zof 8 w� •` T� of 10f4o unity Development . Planning Division . 33 E. Broadway Avenue, Ste.. 102 Meridian, Idaho 83642 Phone: 208-884-55.33 Fax: 208-888-6854 vmv.meridiancity oxe/planning Bienapfi Family LP Parcel No.: S1121131200 STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST (name) (addres (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: DevCo LLC 4824 W. Fairview Ave., Boise, ID 83706 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3._ _ I hereby grant permission to City of Meridian staff to enter_ the subject_ property for the purpose of site inspections related to processing said application(s). Dated this .2 £; day of Ae a c oy b.E ✓ 12015 (SifhVrej SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) TIOTq O *}' Residing at: AL6LIC �{f My Commission Expires: Oc3e�.22 z01 g t' OF lD�',p•'� Community Development . Planning Division . 33 E, Bmadway Avenue, Ste 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitp.oig/nlannine -. In IaridproDATA Silverstone Apartments Vicinity Map Marcel Lopez ;L-j Vicinity Map Parcels -_, Road Centerline INTERSTATE COLLECTOR ARTERIAL LOCAL ALLEY Subdivisions Condos Hydro -Lines 'r"Jatei Features Zoning Rural Residential Commercial j Industrial others Base Flood Elevations t� Flood Hazard Area FLOODWAY 'A' AE' - AH' 'AO' '0.2% ANNUAL CHANCE FLOOD 0 0 C-2130A e 43034'51.43" N 116-20'16.08" W I May 14, 2016 - IandproDATA.com The materials available at this web site are for informational Scale: 1 inch approx 500 feet purposes only and do not constitute a legal document. DEuC0 Silverstone Neighborhood Meeting 6:00 pm, April 27, 2016, at 4225 E. Overland Road, Meridian, Idaho 83642 Name Address / Phone No. / Email I 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. 46/ Applicanagent s gnature 05.13.2016 Date Community Development • Planning. Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.merichancity.org/planning Project/Subdivision Name: Location: Comprehensive Plan FLUM Designation: Design Guidelines Development Context: Existing Use: A Proposed Use. 56 Pi FIZ Surrounding Uses: W: roftu%tW Street Buffer(s) and/or Land Use Buffer(s; Open Space/Amenities/Pathways: _ Access/Stub Streets/Street System: Sewer & Water Service: CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Urban Propposed Zc z-R.J7' 1s: Date: Y 1-16 of Property: Rural Noter A Traffic Impact Study (TIS) will be required by ACHD for large commemlal 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 and/or conditions on large projects may delayhearing(s) at the Cty. Please contact Mindy Wallace at 387- 6178 or Christy Little at 367,6144 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. (I'TD) ❑ 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 ❑ 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 ❑ 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 wih UDC 11.5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The inforznation provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Anysubsequent 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. CiWER\IIDIAN1�- Community Development Parcel Verification Date: 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: Silverstone Apartments Parcel Number: S1121120900 (11.021) S1121120802(4.67) S1121131200(68.51) T/R/S: 3N 1E 21 Property Owner: William P. Bienapfl Jr. 2674 S. Andros Way Meridian, ID 83642 BSB LLC 2674 S. Andros Meridian, ID 83642 Bienapfl Family Limited Partnership 2674 S. Andros Way Meridian, ID 83642 Address Verification Rev: 04/23/12 Deriek O'Neill Director Boise city Mall 150 N, Capital Boulevard Mailing Address P. O. Box 500 Boise, Idaho 93701,0500 Phone 208/384-3830 Fax 20S/384-3814 TDD/TTY 800/377-3529 Web www.6"fi oise.org/pds Mayor David H. Bieter City Council President Elaine Clegg Coan{it Pre Tern Lauren McLean Maryanne Jordan Scot Ludwig Ben Quintana TJ Thomson An Fgml 0,,0- niy Fmpinyar pnrnel or, regcled paper Planning & Development Services April 22, 2016 Jim Conger Devco, LLC 4824 W. Fairview Ave. Boise, ID 83706 iconger(cr coneergroW com (sent via email) Re: CAR16-00003 / 2301 S. Cloverdale Road Dear Mr. Conger: This letter is to inform you that at their meeting of April 19, 2016, the Boise City Council gave the third reading of the ordinance to de -annex from the territorial limits of the City of Boise the real property particularly described in Section One of the Ordinance, setting forth a reasoned statement in support of such de -annexation and providing an effective date. If you have any questions, please contact David Moser in this department at (208)384-3823. Sincerely, Hal Simmons Planning Director Boise City Planning and Development Services Dept. HS/cl cc: Marcel Lopez / DevCo, LLC / marcel(a conger oio4p.com (sent via email) William P. Bienapfl / bbienapflaewestlinkag.net (sent via email) C�tfIENty January 20, 2016 Mr, Cody Riddle, Current Planning Manager Boise Planning and Development Services P.O. Box 500 Boise, Idaho 83701-0500 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Mllam Ty Palmer Anne Little Roberts Re: Sanitary Sewer and Water Services from the City of Meridian for approximately 42 acres currently in the City of Boise, Parcel S1121141800 and a portion of Parcel S1121120302, as depicted in Orange on the attached map. Dear Mr. Riddle; The City of Meridian has been approached by Jim Conger, Conger Management Group, regarding the above named parcels. Mr. Conger has told us that he has initiated some discussions with the City of Boise in regard to his development plans, and his desire to bring these parcels into the City of Meridian. I am writing you today to let you know that the City of Meridian did include these parcels in our Master Planning for Sanitary Sewer and Water Services, and find that these parcels are serviceable by the City of Meridian. Sanitary Sewer and Water mainlines are currently adjacent to the parcels, and with development they are extendable to provide service to the subject parcels. Once the parcels are removed from the City of Boise and annexed into the City of Meridian, we can accept ownership and maintenance responsibilities of the sanitary sewer and water systems. Please call me if you have any questions. Sincpr¢ly, Warren Stewart, P.E. Engineering Manager cc: Caleb Hood, Meridian Planning Manager Jim Conger, CMG File as j, 'y-�r�a 4 - ►r' r'r' `9iI rn � d F" — ,� _r S Topai Way--t Megan M. Leatherman, MCtP Director Ada County Courthouse 200 WestFmntStreet Boise ID 83702 208.2877900 Fax 298287.7909 www.adacountyAgov Department Divisions Building Engineering & Surveying Permitting Planning & Zoning Ada County Commissioners Jim Tibbs, First District Rick Yzaguirre; Second District David L. Case, Third District ADA COUNTY Development Services Department March 21, 2016 Marcel Lopez DevCo LLC 4824 W. Fairview Ave. Boise, ID 83706 RE: Project No. 201600264 PBA: Dear Mr. Lopez, Submission of the application referenced above, Project #201600264 PBA, for a property boundary adjustment occurred on February 29, 2016. Based on staff s review of the Ada County Code, this application has been given tentative approval, subject to the Conditions of Approval attached to the Findings of Fact,_ Conclusions of Law and Order listed as Exhibit `A". Please note; this approval shall become null and void if the Conditions of Approval have not been met, and if you have not obtained a valid Zoning Certificate within one (1) year of the date of this approval letter. This determination was made based upon current information contained in the public record and interpretation of the Ada County Zoning Ordinance. You may appeal this decision to the Board of Ada County Commissioners. To do so, you must file the appeal within fifteen days of the date of this letter. The fee for filing an appeal is $350. This letter is to further inform you that to the extent a final decision has been made on a site -specific land use request, an applicant has the right to request a regulatory taking analysis under Idaho Code. If you have any. questions, I can be reached 287-7913 or via email at banielson@adaweb.net. Sincerely, A0144. gq. �/� .� A0144. �/� Brent Danielson, AICP, Associate Planner Ada County Development Services Cc: The Bienapfl Family Limited Partnership, 2674 S. Andros Way, Meridian, ID 83642 BSB, L.L.C., 2674 S. Andros Way, Meridian, ID 83642 William P. Bienapfl, Jr., 2674 S. Andros Way, Meridian, ID 83642 Sawtooth Land Surveying, LLC, 2030 S. Washington Avenue, Emmett,. ID 83617 BEFORE THE DIRECTOR OF ADA COUNTY DEVELOPMENT SERVICES In re: Application of DevCo, LLC Project No. 201600264 PBA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. A. The Director finds that the record is comprised of: 1. Exhibit A to the Findings of Fact, Conclusions of Law and Order. 2. All other information contained in Ada County Development Services File for Project No. 201600264 PBA. B. As to procedural items, the Director finds the following: 1. On February 29, 2016, submission to Development Services occurred for Project #201600264 PBA. C. As to the project description, the Director finds based on the application materials found in the file for Project No. 201600264 PBA the following: 1. PROPOSED USES: A property boundary adjustment to move common property lines. 2. PROPOSED STRUCTURES: Multi -family apartment complex. 3. PROPOSED IMPROVEMENTS: Demolition of the existing single-family dwelling on Parcel #S 1121120900. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Project 4201600264 PBA DzvCo LLC The Bienapfl Family Limited Partnership, BSB, L.L.C, & William P, Bienapfl, Jr. Page 1 in the City of Meridian in their Medium Low -Density Residential (R-4) District. The Muir - Woods No. 1 Subdivision is located in the City of Boise in their R-1 C Residential District. East: The site is agricultural and is located in the City of Boise in their R-113 Residential District. West: The site is the Silverstone Business Park in the Silverstone Campus Subdivision and is located in the City of Meridian in their General Retail and Service Commercial (C-G) District. G. Based on the officially adopted Ada County land use maps and materials found in the file for Project No. 201600264 PBA, the Director finds the following concerning services: Access Street and Designation: Access is off of E. Overland Road and E. Overland Road is designated as a Principal Arterial. Fire Protection: Meridian Fire District. Sewage Disposal: Individual Septic System. Water Service: Individual Well. Irrigation District: Nampa & Meridian Irrigation District and Boise Project Board of Control. Drainage District: None. H. As to the applicable law, the Director finds the following: This section details the comp plan goals, objectives and policies; the zoning ordinance regulations; and other applicable standards regarding development of the subject property. 1. The Director finds Section 84C-5 of the Ada County Code is applicable because the applicant has applied for a property boundary adjustment. The Director finds the application complies with Section 84C-5 of the Ada County Code. Regarding Section 8-4C-5 of the Ada County Code the Director finds the following: The Director finds that not all of the parcels composing of the property boundary adjustment are legal parcels. In researching the history of the properties the Director finds that parcel 4SI1211202802 and parcel 4S1121131200 are resultant parcels from a - previous unapproved division of property. Parcels #S1121120802 and 9SI121131200 was originally one (1) property (Parent Parcel 9S11211100550). This parent parcel was illegally divided in 2002. The Director finds that the property boundary adjustment will address the unapproved division of property as there will be just two (2) parcels following the property boundary adjustment. A. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this title including regulations for FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Project #201600264 PBA DevCo LLC The Bienapfl Family Limited Partnership, BSB, L.L.C, & William P. Bienapfl, Jr. Page 3 individual wastewater treatment systems and wells as set forth in section 8-4A-22 of this chapter. The Director finds that the resulting parcels would exceed the minimum lot size of 5.0 acres for the Rural -Urban Transition (RUT) District as resultant parcel `A' would be 13.51 acres and resultant parcel `B' would be 71.24 acres. The Director finds as evidenced on the site plan that resultant parcels `A' and `B' exceed the minimum street frontage of 250 feet for the RUT District as resultant parcel `A' has 703 feet of street frontage on E. Overland Road and resultant parcel `B' has 632.34 feet of street frontage on E. Overland Road. The Director finds that the existing single-family dwelling with attached garage on the property is going to be demolished to make room for the proposed apartment complex on resultant Parcel `A'. It should be noted that the applicant will need to obtain a demolition permit when the single-family dwelling with attached garage is ready to be removed from the property. B. If one or more properties is nonconforming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity. The Director finds that parcel 4S1121120802 is a nonconforming property as it consists of 4.73 acres, which is less than the minimum parcel size of 5.0 acres for the RUT District. In addition, parcel #S1121120802 is nonconforming in terms of street frontage as it only has 186.48 feet of street frontage, which is less than the minimum street frontage of 250 feet for the RUT District. Parcel 4SI121131200 is nonconforming as it does not comply with the minimum street frontage of 250 feet for the RUT District. The Director finds that it should be noted that parcels 4SI121120802 and #S 1121131200 are resultant parcels from a previous unapproved division of property. Parcels #S1121120802 and #S1121131200 was originally one (1) parcel (Parent Parcel #S 1121100550). The parent parcel was illegally divided in 2002. The Director finds that the property boundary adjustment will address the unapproved division of property as there will be just two (2) parcels following the property boundary adjustment. Also, the property boundary adjustment does increase the nonconformity as the resultant parcels will comply with the minimum dimensional standards for the Rural -Urban Transition (RUT) District as resultant parcel `A' would be 13.51 acres and have 703 feet of street frontage on E. Overland Road and resultant parcel `B' would be 71.24 acres and have 632.34 feet of street frontage on E. Overland Road. C. A property boundary adjustment shall not increase the original number ofproperties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Project #201600264 PBA DevCo LLC The Bienapii Family Limited Partnership,. BSB, L.L.C, & William P. Bienapfl, Jr. Page 4 The Director finds as evidenced in the record, that the property boundary adjustment is between common property boundary lines of existing parcels and said adjustment will not create any additional parcels after the adjustment. D. A property boundary adjustment shall not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. The Director finds as evidenced in the record, that the property boundary adjustment does not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner. E. The property boundary adjustment shall not constitute a relocation of a property. The Director finds as evidenced in the record, that the property boundary adjustment does not constitute the relocation of property. F. For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. The Director fmds as evidenced in the record, that the properties are not platted lots. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed to be Findings of Fact they are incorporated into the Findings of Fact section. l: The Director concludes that Project No. 201600264 PBA complies with Section 8-4C-5 of the Ada County Code. Based upon the Findings of Fact and Conclusions of Law contained herein, the Director approves Project 9201600264 PBA, subject to the Conditions of Approval attached as Exhibit A and the Site Plan Drawing dated February 2016. DATED this 21 st day of Mom^ 120 16. By: Brent Danielson, AICP, Associate Planner Ada County Development Services FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Project #201600264 PBA DevCo L r C The Bienapfl Family Limited Partnership, BSB, L.L.C, & William P. Bienapfl, Jr. Page 5 EXHIBIT A CONDITIONS OF APPROVAL REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF 201600264 PBA WILL BE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL MARCH 21, 2017 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE. THIS TENTATIVE APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED BY THAT DATE. 1. The applicant and/or owner shall have a Record of Survey completed by a professionally licensed surveyor, and record the Record of Survey with the County Recorder's office. 2. The applicant and/or owner shall obtain new tax parcel numbers for the Ada County Assessor. 3. The applicant and/or owner shall execute and record the necessary deeds for the properties. 4. The applicant and/or owner shall provide the following documentation to the Director: a) One ["8 %2 x 11" copy and/or one full size blueprint] of the recorded Record of Survey. b) Proof of assignment of tax parcel numbers. c) One copy of the recorded deed(s). 5. Upon completing the above tasks, the applicant shall request a letter from the Director stating the One Time Division is final. 6. Appeals. The appeal period shall begin on the date of the written decision of the Director and shall last for 15 calendar days. In the event the decision of the Director is appealed, the zoning certificate will not be issued until the appeal is resolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. CONDMONS OF APPROVAL Project #201600264 PBA D) Cn, T.LC The Bienapfl Family Limited Partnership, BSB, L.L.C, & William P. 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