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Z - DAADA COUNTY RECORDER Christopher D. Rich 2017-096818 BOISE IDAHO Pgs=33 LISA BATT 10/11/2017 02:56 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Evangelical Lutheran Church of America, Owner 3. Southridge Development Company, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of (�CA-C)bEJC , 2017 (the "Effective Date"), by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, Evangelical Lutheran Church of America, whose address is 8765 W. Higgens Road, Chicago, IL 60631, hereinafter called OWNER, and Southridge Development Company, a Delaware limited liability company, whose address is 6710 E. Camelback Road, Suite 100, Scottsdale, AZ 85251, hereinafter called DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto, and by this reference, incorporated herein as if set forth in full, herein after referred to as the PROPERTY; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that owners and/or developers make a written commitment concerning the use or development of the real property; 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; 1.4 WHEREAS, the Property is subject to a Development Agreement, as recorded in the records of the Ada County Recorder under recording number 107074205, and recorded on May 24, 2007, hereinafter called the PRIOR DEVELOPMENT AGREEMENT, 1.4 WHEREAS, Owner and/or Developer have submitted an application for the for a modification of the Development Agreement for the purpose of removing the subject property from the governing Development Agreement (instrument #113077158) and entering into a new Development Agreement to develop a 336 -unit multi -family project on 19.50 acres of land under the UDC, which generally describes how the Property will be developed and the improvements to be made; MVELOPMENTAGREEh1ENT—UNDER AND OVERLANDAPARTh1EN7s (1-1-2017.0093) PAGE L OF 1.5 WHEREAS, Owner/Developer have made representations at public hearings before the Meridian City Council as to how the Property will be developed and what improvements will be made; 1.6 WHEREAS, the record of the proceedings for the requested development agreement modification with respect to the Property held before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; 1.7 WHEREAS, on the I9a' day of September, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which will be incorporated into this Agreement and are attached as Exhibit "B"; 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into this Agreement before the City Council will take final action on final plat; 1.9 WHEREAS, the Property will, pursuant to this Agreement, be removed from the Prior Development Agreement; 1.10 WHEREAS, Owner and/or Developer deem it to be in their respective best interests to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their respective urging and request; and 1.11 WHEREAS, City requires Owner and/or Developer to enter into this Agreement for the purpose of ensuring that the Property is developed, and that the subsequent use of the Property is in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: The parties acknowledge and agree that the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: is defined in the preamble. 3.2 OWNER: is defined in the preamble, and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: is defined in the preamble and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 2 OF 8 3.4 PROPERTY: is defined in the recitals. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement and the Findings. Notwithstanding the foregoing: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC, and 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall generally comply with the concept plan and building elevations in Exhibit A.3 and A.4 of the Staff Report attached to the Findings, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). b. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by the City Council in accord with UDC 11-3A-3. C. Any future multi -family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. d. Developer shall be entitled to construct a maximum of 336 residential units may be constructed on the Property. e. Developer shall incorporate the three (3) retention ponds on the Property as part of the proposed development as depicted in Exhibit AA of the Staff Report that is attached to the Findings. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6) months after the date of the Findings or it is null and void. 7. FINDINGS: The Findings are incorporated into this Agreement as if set forth fully herein. S. PRIOR DEVELOPMENT AGREEMENT: The parties acknowledge and agree that by executing this Agreement, the Property is removed from the Prior Development Agreement, all obligations that would otherwise be applicable to Developer under the Prior Development Agreement are replaced in their entirety with the obligations contained herein, and DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 3 of 8 that, with respect to the Property, this Agreement amends, restates and replaces the prior Development Agreement in its entirety. 9. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 9.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 9.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 9.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT .CINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 4 OF 8 10. INSPECTION: Owner and/or Developer shall, promptly, upon completion of the development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. ]I. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer. if for any reason after such recordation, the Agreement becomes null and void, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: The Property shall be zoned as provided in the Findings. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of improvements required by the Findings, which the Owner and/or Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Southridge Development Company, LLC c/o The Wolff Company Attn: H. Curtis Keller 6710 E. Came lback Road, Suite 100 Scottsdale, AZ 85251 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT -- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 5 OF 8 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property; provided that, upon the sale of the Property, Owner and/or Developer, as applicable, shall be released from the obligations hereunder. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 22. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 6 OF 9 23.1 No condition this Agreement regarding the Property herein provided for can be modified or amended without the approval of the City Council and in accordance with applicable law. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the Effective Date. [end of text; signatures, acknowledgements, and Exhibits A and B follow] IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER: M *,Ss i -i -TnVes4m&)+ {j4r)d o F Evangelical Lutheran Church of America 40 A 2 94v - DEVELOPER: Southridge Development Company, LLC, a Delaware limited liability company By: H. Curtis Keller Its: Secretary CITY OF MERIDIAN ATTEST: -I ED _O�e STS By • of L MayorZa,Tafy de Weerd E IDIAN� IDAHO SEAL DEVELOPMENT AGREEMENT— CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE. 7 OF 9 23.1 No condition this Agreement regarding the Property herein provided for can be modified or amended without the approval of the City Council and in accordance with applicable law. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the Effective Date. [end of text; signatures, acknowledgements, and Exhibits A and B follow] IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER: Evangelical Lutheran Church of America I: DEVELOPER: Southridge Development Company, LLC, a Delaware limited liability company By: If. 6fr"tis Keller Its: Secretary CITY OF MERIDIAN ATTEST: 0 -on Mayor Tammy de Weerd C. Jay Coles, City Clerk DEVELOPMENT AGREEMENT -CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 7 OF 8 STATE OF Zt_u'Nb� i ' CC' County of eg"M%A. ACKNOWLEDGMENTS On this If day of C7v�,Or , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared�t-t-tt p,,,t+,_— known or identified to me to be the {hdt1AJnG-Mrf. of Evangelical Lutheran Church of America who signed above and acknowledged to me that he executed the some on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and fl certificate rs a OFFICIAL SEAL. (SEAL) KIMBERLY L CHARLESTD18 Notary Public • State of IlliNo ry Pu My Commission Expires Jul 2Residing a. My Comm STATE OF ss: County of ) my official seal the day and year in this for Expires: _7, On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Southridge Development Company who signed above and acknowledged to me that he executed the same on behalf of said corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ss County of Ada } Notary Public for Residing at: My Commission Expires: On thi141 s day of (�f)%2Y , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAT.) •.••""••.• Notary Public for Idaho, .*,y�NE [�••. Residing at: ,ate �� Commission expires: - oRR • — DEv&oPMENT' 1C1 ' O i l.�NDER AND OVERLAND APARTAiENTS {H-2417-0493} IsAGB$ of $ •�•• ATE _uF 6 0 0 0 •@see moo STATE OF HWXN County of ACKNOWLEDGMENTS On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Evangelical Lutheran Church of America who signed above and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: STATE OF Z A : SS: County of '(\a6Cocx,� ) On this- SC. day o iQC;��, 2017, before me, the undersigned, a Notary Public in and for said State, personall ap eared ' ( S .(( F.>--- known or identified to me to be the of Southridge Development Company who signed above and acknowledged to me that he executed 1'e same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "+=Public T (SEAL) _izonaty otary Public or AC— �, • c 17, 2017 Residing at: My Commission Expires: 17— -1 "7,-1'7 STATE OF IDAHO ss County of Ada On this day of 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 8 OF 8 October 13, 2008 Project No. 06361 Legal Description Record of Survey Parcel 2 LINDER 109, LLC. 19.50 acres EXHIBIT A THE LAND GROUP, INC. EXHIBIT "A" A tract of land situated in the North One Half of the Northeast One Quarter of Section 23, Township 3 North, Range l West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2 -inch steel pin monumenting the Northeast Corner of said Section 23, which bears South 89°19'41" East a distance of 2,661.73 feet from a found brass cap monumenting the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41" West a distance of 1,746.32 feet to a found 5/8 -inch steel pin; Thence leaving said northerly line, South 00°38'49" West a distance of 50.50 feet to a 5/8 -inch steel pin being the POINT OF BEGINNING. Thence following said southerly right-of-way line, South 89°19'41" East a distance of 986.28feet to a 5/8 -inch steel pin; Thence South 44'l 659" East a distance of 37.67 feet to a 5/8 -inch steel pin; Thence South 00°27'27" West a distance of 18.36 feet to a 5/8 -inch steel pin; Thence 170.90 feet following the arc of a reverse curve to the left, said curve having a radius of 281.00 feet, a central angle of 34°50'47", a chord bearing of South 16°57'57" East and a chord distance of 168.28 feet to a 5/8 -inch steel pin; Thence 19.85 feet following the are of a circular curve to the right, said curve having a radius of 14.00 feet, a central angle of 81 °13'33", a chord bearing of South 06°13'26" West and a chord distance of 18.23 feet to a 5/8 -inch steel pin; Thence South 46°50'12" West a distance of 169.43 feet to a 5/8 -inch steel pin; Thence 49.34 feet following the are of a circular curve to the left, said curve having a radius of 331.00 feet, a central angle of 8°13'33", a chord bearing of South 42°3357" West and a chord distance of 49.30 feet to a 5/8 -inch steel pin; Thence South 51 °42'17" East a distance of 6.00 feet to a SIS -inch steel pin; Thence 110.20 feet following the arc of a circular curve to the left, said curve having a radius of 325.00 feet, a central angle of 19°2539", a chord bearing of South 28°34'53" West and a chord distance of 109.67 feet to a 5/8 -inch steel pin; L.jmdYrapi AiY&1rd&n • Silo Pk ail ft • 0W Eagiixrriag • Gol%Coxrrr hr{Wiox e4' Erttiw#,d#g • GnVAi rCoomridmrioe 462 P Shorc Drive, Sic. 100, Engle, ldnho 83616 • P 208.939.4041 F208.939,4445 • www.thcln idgroupinc.c� G:\2006\06361\Admin\l.egnls\RF.COI1D OF SURVP.Y\8_081013 06361 mouthridge_orcel 2doc Page] of 3 Linder and Overland Apartments — H-2017-0093 EXHIBIT A Thence South 18°52'04" West a distance of 113.44 feet to a 5/8 -inch steel pin; Thence 140.47 feet along the are of a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of 29°15'56", a chord bearing of South 33°30'02" West and a chord distance of 138.94 feet to a 5/8 -inch steel pin; Thence South 4808'00" West a distance of 65.33 feet to a 5/8 -inch steel pin; Thence 106.80 feet along the are of a circular curve to the right, said curve having a radius of 64.50 feet, a central angle of 94°52'22", a chord bearing of North 84125'49" West and a chord distance of 95.01 feet to a 5/8 -inch steel pin; Thence North 36°59'38" West a distance of 9.62 feet to a 5/8 -inch steel pin; Thence South 53°00'22" West a distance of 49.00 feet to a 5/8 -inch steel pin; Thence 121.69 feet along the arc of a curve to the right, said curve having a radius of 76.50 feet, a central angle of 91°08'18", a chord bearing of South 08°34'31" West and a chord distance of 109.26 feet to a 5/8 -inch steel pin; Thence 95.80 feet along the arc of a reverse curve to the left, said curve having a radius of 310.47 feet, a central angle of 17°40'49", a chord bearing of South 45018'15" West and a chord distance of 95.42 feet to a 5/8 -inch steel pin; Thence 94.67 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 18°04'50", a chord bearing of South 27°43'52" West and a chord distance of 94.28 feet to a 5/8 -inch steel pin; Thence South 18°41'27" West a distance of 101.64 feet to a 5/8 -inch steel pin; Thence 31.42 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord .bearing of South 63°4177" West and a chord distance of 28.28 feet to a 5/8 -inch steel pin; Thence North 71 ° 18'33" West a distance of 261.09 feet to a 5/8 -inch steel pin; Thence 94.40 feet along the are of a circular curve to the right, said curve having a radius of 291.75 feet, a central angle of 18°3222", a chord bearing of North 61 °28'03" West and a chord distance of 93.99 feet to a 5/8 -inch steel pin; Thence 57.71 feet along the arc of a reverse curve to the left, said curve having a radius of 325.00 feet, a central angle of 10°10'24", a chord bearing of North 57°1704" West and a chord distance of 57.63 feet to a 5/8 -inch steel pin; Thence North 00038'49" East a distance of 975.36 feet to the POINT OF BEGINNING. 1 Inndmgpr Rtrbilnlntr • Silt P/nwnind • Ch it Eqi&Vd/g - Golf C#,VM J1V*11oa & E4y Wd44 • GI*Nt C#MAVff AWk8 462 F Shore Drive, Ste. 100, Engle, Idaho 83616 • 11208.939.40-41 It 208.939.4445 • w%ymthc)at CwuiKnc.com 0:\2006\06361\Admin\l.egals\RI:C:OItD Or SUltVIIY\11_081013_06361-so"thrklgc liarccl 2.doc Page 2 of 3 Linder and Overland Apartments - H-2017-0093 ri moo oror �o THE LAND GROUP, INC. Thence South 18°52'04" West a distance of 113.44 feet to a 5/8 -inch steel pin; Thence 140.47 feet along the are of a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of 29°15'56", a chord bearing of South 33°30'02" West and a chord distance of 138.94 feet to a 5/8 -inch steel pin; Thence South 4808'00" West a distance of 65.33 feet to a 5/8 -inch steel pin; Thence 106.80 feet along the are of a circular curve to the right, said curve having a radius of 64.50 feet, a central angle of 94°52'22", a chord bearing of North 84125'49" West and a chord distance of 95.01 feet to a 5/8 -inch steel pin; Thence North 36°59'38" West a distance of 9.62 feet to a 5/8 -inch steel pin; Thence South 53°00'22" West a distance of 49.00 feet to a 5/8 -inch steel pin; Thence 121.69 feet along the arc of a curve to the right, said curve having a radius of 76.50 feet, a central angle of 91°08'18", a chord bearing of South 08°34'31" West and a chord distance of 109.26 feet to a 5/8 -inch steel pin; Thence 95.80 feet along the arc of a reverse curve to the left, said curve having a radius of 310.47 feet, a central angle of 17°40'49", a chord bearing of South 45018'15" West and a chord distance of 95.42 feet to a 5/8 -inch steel pin; Thence 94.67 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 18°04'50", a chord bearing of South 27°43'52" West and a chord distance of 94.28 feet to a 5/8 -inch steel pin; Thence South 18°41'27" West a distance of 101.64 feet to a 5/8 -inch steel pin; Thence 31.42 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord .bearing of South 63°4177" West and a chord distance of 28.28 feet to a 5/8 -inch steel pin; Thence North 71 ° 18'33" West a distance of 261.09 feet to a 5/8 -inch steel pin; Thence 94.40 feet along the are of a circular curve to the right, said curve having a radius of 291.75 feet, a central angle of 18°3222", a chord bearing of North 61 °28'03" West and a chord distance of 93.99 feet to a 5/8 -inch steel pin; Thence 57.71 feet along the arc of a reverse curve to the left, said curve having a radius of 325.00 feet, a central angle of 10°10'24", a chord bearing of North 57°1704" West and a chord distance of 57.63 feet to a 5/8 -inch steel pin; Thence North 00038'49" East a distance of 975.36 feet to the POINT OF BEGINNING. 1 Inndmgpr Rtrbilnlntr • Silt P/nwnind • Ch it Eqi&Vd/g - Golf C#,VM J1V*11oa & E4y Wd44 • GI*Nt C#MAVff AWk8 462 F Shore Drive, Ste. 100, Engle, Idaho 83616 • 11208.939.40-41 It 208.939.4445 • w%ymthc)at CwuiKnc.com 0:\2006\06361\Admin\l.egals\RI:C:OItD Or SUltVIIY\11_081013_06361-so"thrklgc liarccl 2.doc Page 2 of 3 Linder and Overland Apartments - H-2017-0093 EXHIBIT A THE LAND GROUP. INC. The above-described tract of land contains or 19.50 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Linder and Overland Apartments — H-2017-0093 3 C� EXHIBIT A Title: Date: 10-13-2008 Scale: 1 inch = 200 feet File: Traci 1: 19.502 Acres: 849488 Sq Feet: Closure- s10.1157e 0.00 Feet: Precision >1/999999: Perimeter= 3886 Feet 001-589.1941e 986.28 010=5l8,5204w 113.44 019=sI8.4127w 101.64 002=544.1659c 37.67 0' I41�d2?s.0o6NIT" lssd g�x73. w, I 91 020: R� Rno oo, �1�..99pp,,0000 0uy�3.4121`w, w1 Z426 003=00.2727w 18.36 012=548.0800w 65.33 021-n71.1833w 261.09 OOL Lt R-28 L00. Dcl4 300.47 - a IQS73k Q�d�16626 017:Deiu`3LS222 9�ne4.2S49w,CMY95.01 022: R R-291.73. Dcpn=16.3222 li V Cmw C3d.93.99 OROS: Rt R�1<4 Ddm61.1333 DnBPd16.1324w,Chd-J&23 O14a136.5938W 9.62 O2T: R-025.110 DeNr10.1024 IM 1704% 006=s46.5012w 169.43 015-553.0022w 49.00 024=n00.3849e 975.36 007R331FDd,=1119.1.1333 ,,.h ..AB* 014; R` R-7450, Dek-91.0616 B fU6.7Jllw CTd=F09.76 008=551.4217e 6.00 009: L4 R�72S.0Q DeWw19.2379 $ .L,'I5 a 1�' Dc 42 �a' ODI De P150 an6 3437w, M-109.67 �� 3020w110„ ,C 22 Linder and Overland Apartments - H-2017-0093 EXHIBIT B CITY OF MERIDIAN E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to Amend the Recorded Development Agreement (DA) (instrument #113077158) for the Purpose of Removing the Subject Property from the Governing DA and Entering into a new DA to Develop a 336 -unit Multi -family Project, by Wolff Enterprises II, LLC. Case No(s). H-2017-0093 For the City Council Hearing Date of: July 25 and August 22, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 22, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 22, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 2 - By action of the City Council at its regular meeting held on the day of GqJ 2017. COUNCIL PRESIDENT KEITH BIRD VOTED %e� COUNCIL VICE PRESIDENT JOE BORTON VOTED yell COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC41 COUNCIL MEMBER.. TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED Ya' COUNCIL MEMBER GENESIS MILAM VOTED I&I MAYOR TAMMY de WEERD VOTED (TIE BREAKER) -amm Weerd Attest: O�Qo�p"I AUGVST',� c11y of �E IDIS IANC— IOAHO C, ay Co w City Clerk Z�� SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: wvb `(o W Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 3 - EXHIBIT A STAFF REPORT HEARING DATE: August 22, 2017 (Continued from July 25, 2017)cif, �. TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor (208) 884-5533 SUBJECT: Linder and Overland Road Apartments — H-2017-0093 I. SUMMARY DESCRIPTION OF REQUEST The applicant, Wolff Enterprises II, LLC, is requesting to amend the recorded development agreement (DA) (instrument #113077158) for the purpose of removing the subject property from the governing DA and entering into a new DA to develop a 336 -unit multi -family project. For informative purposes, the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. Further, refinement of the site plan and building elevations will occur with the submittal of a certificate of zoning compliance and administrative design review application if Council grants approval of the subject DA modification. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII and the Exhibits A.3 -A.6 in the staff report. The Meridian City Council heard this item on _Tule 25 and August 22, 2017. At the public Baring. the Council approved the subject MDA request a, Summary of City Council Public Hearing: i. In favor• L. In opposition: None iii.Commenting: Nancy Szofran (in opposition). Stephanie Downs (in opposition) and Adam Braden (in opposition) iv. Written testimony: None v. Staff presenting application: Bill Parsons and Warren Stewart A. Other staff commenting on application: Bill Nary b- Key issue(s) of Public Testimony: L Too many apartments in Meridian. jj. Surrounding neighbors were not informed of the proposed multi -family development. iii. Adequate public services to serve multi -family developments. c. Key Issues of Discussion by Council: i. Landscape design of the ACHD retention ponds and confirmation from ACHD onthe inclusion of the ponds as qualified open space. ii. Design of the proposed development iii. Public hearing notification regarding development agreement modifications. iv. Adequate water and sewer capacity to serve the proposed development with the v. increase in density. Parking ratio for the proposed development. vi. Add a minimum of two tot lots as amenities for the develop d. Key Council Changes to Staff Recommendation i. Council required additional exhibits to be included in the development agreement (see Exhibit A.3 and A.4). Linder and Overland Apartments — H-2017-0093 Page l EXHIBIT A ii. DA provision #5 — Council struck the requirement to coordinate with ACHD on the inclusion of the ACHD retention ponds. Both staff and the applicant contacted ACHD and it was confirmed that the an_nlicant could improve the retention ponds and incorporate them into the overall open space of the proposed development. iii. DA provision #6 — Council struck this DA provision. AutoCAD file was submitted to Public Works for modeling after the July 25t1i hearing. The modeling determined there was equate water and sewer capacity to serve the proposed development. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number H-2017- 0093, as presented in staff report for the hearing date of August 22, 2017, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number H-2017-0093, as presented during the hearing on August 22, 2017. (You should state why you are denying the request.) Continuance I move to continue file number H-2017-0093 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of W. Overland Road, west of S. Linder Road in the NE 1/a of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) B. Applicant: Wolff Enterprises, LLC 6710 E. Camelback Road, Suite 100 Scottsdale, AZ 85251 C. Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: July 7, 2017 C. Radius notices mailed to properties within 300 feet on: June 29, 2017 D. Applicant posted notice on site by: July 14, 2017 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property, zoned TN -C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by undeveloped and underdeveloped commercial and residential properties, Linder and Overland Apartments — H-2017-0093 Page 2 EXHIBIT A zoned C -C, TN -C and TN -R. Near the proposed development are county residents and single- family homes, zoned, RUT, R-8 and TN -R. C. History of Previous Actions: • In 2007, this property was annexed (AZ -06-031) with a development agreement (Instrument No. 107074205) and preliminary platted (PP -06-031) as part of Southridge Subdivision. • A property boundary adjustment (PBA -08-014) was approved in 2008 that identified 10 original parcels of record that were of record in the Ada County recorder's office prior to April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were consistent with the master concept plan and the development agreement could move forward without platting (ROS 8550). This site is parcel 2 on said record of survey. • In 2008, a Conditional Use Permit (CUP -08-027) and a development agreement modification (MDA -08-004) were approved on the subject property to develop an 87,757 square foot assisted living facility containing 187 residential units. The amended DA recorded as instrument #1111099621. The amended DA replaced the original DA approved with the annexation of the property noted above. • In 2012, another development agreement modification (MDA -12-009) was approved by the City that replaced the DA approved with MDA -08-004. The recorded DA governing the site recorded as Instrument #113077158. VII. STAFF ANALYSIS The applicant wishes to remove the subject property from the original development agreement and enter into a new DA with the City. With the previous DA modification (MDA 12-009), the Council approved a new conceptual development plan and capped the number of residential units that could develop on the subject property (see Exhibit A.2). The approved concept plan depicts an assisted living facility, church and associated site improvements. The number of residential units that are currently allowed to develop on the property is 250 units. The applicant has submitted a new concept plan and conceptual building elevations depicting a 336 - unit multi -family development consisting of fourteen (14) three-story apartment buildings and a 9,000 square foot clubhouse/community building, all to develop in a single phase. The new concept plan also depicts site access, open space/amenities, parking and site circulation (see Exhibit A.3 and A.4). The open space proposed for the project is approximately 1.86 acres and the applicant is proposing the following amenities: 1) Clubhouse; 2) pool and spa; 3) Fitness room; 4) Children's play structure; and 5) two (2) barbecue areas and picnic areas. NOTE: The site is currently developed with three (3) ACHD retention ponds. To ensure that this is an attractive development, staff believes that the applicant should make every effort to incorporate these facilities into their proposed design. If the ponds are designed in accord with UDC 11-3B-11, these facilities could count towards the required open space for the proposed development. Linder and Overland Apartments — H-2017-0093 Page 3 EXHIBIT A The building materials proposed for the apartments and clubhouse include board and batten siding, fiber cement paneling, and composite shingles. In general, staff is supportive of the proposed building materials however, the proposed structures need to provide variations in design, building materials wall plane and rooflines as desired by the architectural standards manual (ASM). Compliance with the ASM will occur with the submittal of the design review application. If the DA modification is approved the underlying zoning of the property (TN -C) only requires the applicant to receive CZC and DES approval (staff level approval). In general, staff is supportive of the design concepts, open space and amenity package submitted with the application however; a comprehensive review of the submitted plans has not been done to ensure the plans as submitted comply with all of the multi -family standards and the design standards of the UDC and the ASM. Further refinement will be necessary to ensure the site and building designs comport with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Architectural Standards Manual (ASM) and the open space and site amenities set forth UDC 11- 3G and UDC 11-4-3-27. Staff recommends the following DA provisions be incorporated into a new development agreement as follows: 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. Any future multi -family development on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 1I - 3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACRD and incorporate the three (3) retention ponds as part of the proposed development. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan (REVISED) 4. Proposed Building Elevations (REVISED) 5. Legal Description and Exhibit Map Subject to the New DA 6. Proposed Development Agreement Provisions Linder and Overland Apartments — H-2017-0093 Page 4 EXHIBIT A Exhibit A.1 — Vicinity/Zoning Map Vicinity Map 7 Legend _ C -c r Project Location - ------_ Area of Impact - j Meridian City Limits ;. Parcels -Meridian ; M -E N� R r W DUTCH FARM RD� TN -R z 7R-15 z G a 0 z 4 C O ` R-8 ,4 O' C -C R-8 R-2 W,LAMONT R ----------------------- -- bl Print Date: 7/2112017 User. bparsons 0.475 0.95 Miles 0 The information shown on this map is compiled from various sources and is subject to constant revision. The City of Meridian makes no warranty or guarantee as to the content, suitability, accuracy, timeliness or completeness, or reliability of any of the data provided for any purpose, and assumes no legal responsibility for the information contained on this map. Y Y�. 1 17— q , 1. ;S R -15j � TN-R RICAN FORK DR .,�i'1MST R-8 LjL — R-4 G sRrU� �R -'1/�I III GGy o- wRrL Ar" I? 3 z � Wyi FR vii--.`l/� `� �eyAGL DR O9 yJ ©0 (_i`VI. E IDIAN*-- IDAHO Linder and Overland Apartments — H-2017-0093 Page 5 EXHIBIT A Exhibit A.2 - Approved Concept Plan • ' - -_ oiiiiiiiil 1 Fill, 1111 1111 �' is ;������ ,,' ♦ ♦ �.'. ;=�y ,. � '1111 ' ii =v¢ �` /. ; %� � SLI � i► Linder and Overland Apartments — H-2017-0093 Page 6 EXHIBIT A Exhibit A.3 — Proposed Concept Plan (REVISED) Linder and Overland Apartments — H-2017-0093 SITE DATAV mem_ KATERRA BUILDING + UNIT COUNT PARKING COUNT SOUTHRIDGE APARTMENTE A0.101 Page 7 EXHIBIT A OVERIAND ROAD Co Schematic Landscape Plan �� Linder and Overland Apartments — H-2017-0093 WNW LMd: o aoa Page 8 nj IIF' e i — �' ti+ - �` I Lp Irl J s o r E�:. li c, ! E n 01 in J si°l 11 �I s EXHIBIT A lit IN d f x `., • Linder and Overland Apartments — H-2017-0093 Page 10 EXHIBIT A Exhibit A.5 — Legal Description and Exhibit Map Subject to the New DA October 13, 2008 Project No. 06361 Legal Description Record of Suevey ftwl 2 LINDER 104, LLC. 19.50 acmes "rIlB LAPID GROUP, INC. EXIMIT "A" " A tract of land situated in the North One Half of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commeming at a found 112 -inch steel pin ronnumetating the Northeast Corner of said Section 23, which beers South 89°19'41 " East a distance of 2,b61.73 feet from a found brass cap mommenting the North One Quarter Corner of said Section 23, thence following the northerly line of said Section 23, North 89°19'41'°West a distance of 1,746.32 feet to a found 518 -inch steel pin, Thence leaving said northerly line, South 00138°49" West a distance of 50.50 feet to a 518 -inch steel pin being the POINT OF BEGINNING. Thence following said southerly right-of-way line, South 8919'41" Bast a distance of986.28feet to a 518 -inch steel pian; Thence South 44'1659" East a distance of 37.67 feet to a 518 -inch steel pin; Thence South 00°27'27" West a distance of 18.36 feet to a 518 -inch steel pin, Thence 170.90 feet following the are of reverse curve to the left, said curve having a radius of 281.00 feet, a central angle of 34°50'47", a chord hearing of South 1657°57"East and a chord distance of 168.28 feet to a 518 -inch steel ,pin, Thence 19.85 feet following the are of a circular curve to the right, said curve having a radius of 14.00 feet, a central angle of 83'13'33", a chord bearing of South 06°13'26" 'West and a chord distance of 18.23 feet to a 518 -inch steel pin; Thence South 46°50' 12" West a distance of 169.43 feet to a 518 -inch steel pin, Thence 49.34 feet following the arc of a circular curve to the left, said curve having a radius of 331.00 feet, a central angle of 8°13'33", a chord bearing of South 42°3357" West and a chord distance of 49.30 feet to a 518 -inch steel pin; Thence South 51 °42'17" East a distance of 6.00 feet to a 518 -inch steel pin; Thence 110.20 feet following the arc of a circular curve to the left, said curve having a radius of 325.00 feet, a central angle of 19125'39", a chord bearing of South 28°34'53" West and a chord distance of 109.67 feet to a 518 -inch steel pin,; IsAu&pAirdxlydwr■SiteP.arrA0g-QatfE#bmdAg+GdlfCaantlrr{§Rlrouda^Er1glow,rWgrGl tiirG'a,v aairaiiak 462 F.. Shore Drive, Sic, 100, Emgle, ldnlio 83616 r P 208.939.4041 F 206.939A445 -%xwx k - arlt7Sit1 ii.. rci G,\2W6 j013611,1dinin\LL,gld&\RFi(X)ld) CIF SUR' IFY1 it_091013_06361_nDur1uidge-nsce12.dac Pago 1 of 3 Linder and Overland Apartments — H-2017-0093 Page 11 EXHIBIT A Vwx L a THE LAND ORCUP, INC. Tlience. South 18'52'04" 'West a distance of 113.44 feet to a 518 -inch steel pin; Thence 140.47 feet along the arc of a circular curve to the right, said curve having a radius of 275.00 feet, a central angle of 29115'56", a chord bearing of South 33030'02'¢ Nest and a chord distance of 138.94 feet to a 518 -inch steel pini Thence South 48'08'00" West a distance of 65.33 feet to a 518 -inch steel pin; Thence 106.80. feet along the arc of circular curve to the right, said curve having a radius of 64:50 feet; a central angle of 94°52'22", a chord bearing of North 84°25'49" West and a chord distance of 95.01 feet to a 518 -inch steel pin; Thence North 36°59'38" West a distance of 9.62 feet to a 518 -inch steel pier; Thence South 53°00'22" 'Q'u'est a distance of 49.00 feet to a 518 -inch steel pin; Thence 121.69 feet along the arc of a curve to the right, said curve having a radius of 76.50 feet, a central angle of 91'08"18", a chord bearing of South 08°34'31 " West and a chord distance of 109.26 feet to a 518 -inch steel pin; Thence 95.841 feet along t11e are of a reverse curve to the left, said curve having, a radius of 310.47 feet, a central angle of 17°40'49", a chord bearing of South 45*18'15" West and a chord distance of 95.42 feet to a 518 -inch steel pin; Thence 94,67 feet along the arc of a reverse curve to the left, said curve having a radius of 300.00 feet, a central angle of 18°04"50", a chard bearing of South 27°43`52° West and a chord distance of 94.28 feet to a 51$ -inch steel pin; Thence South 18041'27" West a distance of 101,b4 feet to a 5/8 -inch steel pin;. Thence 31.42 foot along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00", a chord bearing of South 63'4127" West and a chard distance of 28.28 feet to a 518 -inch steel pin; Thence North '11' 18'33" West a distance of 261,09 feet to a 518 -inch steel pin; Thence 94.40 feet along the are of a circular curve to the right, said curve having a radius of 291,75 feet, a central angle of 18132'22", a chord beating of North 61 °28'03 " 'Wiest and a chord distance of 93.99 feet to a 518 -inch steel pin; Thence 57.71 ,feet along the arc of a reverse curve to the left, said curve havbig a radius of 325.04 feet, a central angle of 10'°10'24", a chord bearing of North 57°17'04" Fest and a chord distance of 57.63 feet to a 518 -inch steel pin; Thence North 001,38149" First a distance of 475.36 feet to the POTNT OF BEGINNING. ,i t nidrr4e Arrbifeawr v Site Ph aaFq ♦ Civil ,EWmtdq * Gulf Caom lrrrgulio & Eqj wd4g a GgWe Caraeatrn wfig r 462R, ShoreDrive, Ste, 100 F g1e, ldaho &3616 + P 208.739.4041 17203.9394445 �w�Y k�cl�Sid r etl53LTc.Cren 0\200666361 \Af3rninll,cg:Jg\R1!C CRD Of SIJItVt31'� Ii_p$10]3_U63b1 a rethricig� 1}an cl UOV rage 2 of 3 Linder and Overland Apartments — H-2017-0093 Page 12 EXHIBIT A Mr.4. T14E LAND GliOM. INC The above-described tract of land contains or 19.50 acres, more or less, subject to any existing easements or rights-of-way. FTeparcd By; THE LAND GROUP, INC. 462 E. SHONE bRI VE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Linder and Overland Apartments — H-2017-0093 Page 13 09K IR Title: Date, 10-13-2008 Seale: 1 inch = 200 deet File: Tho 1: 19.502 Amw: 849488 3q FeW Omutr,- s10.115700.00 Feet: Precision X11999999, Porin3eter- 3886 Peet 001ffis89.1941e986.28 010=&18.5M4W 113,44 019=s18.4127W101.64 002= 41s44.1659e37.67 3 mz�"°°Clb 136.411356 ,2 4M 41,?,111kR Id2? 003-002727w,ppp�� 18.36 012=948.0800W 65.33 021-n7L183333w3 261.09 d6�l;I,I,ItaIAI C&i.i43? - a E-Si57e 1 B o17:ar R=W.Sd.lfs�i�-91.1212 B�n8+F.23�'w&I9SAi Qkt R R-291.73�Crclu-IM222 FL P�eo1w d�93.99 OO Rk ft�IG.IX3i I}rils'Y1.1333 9n®r•'sd6.1326w,Chd�l82i U14 336. �i38W �i.�t R ILS' bc4M 0.IW4 gm 7.17041r,Clyd•S7.d3 0%--s4660t2w 169.43 015-61002U49.00 024=n00.3849e 975.36 0+57:I�,R 334.p(�]]ds.u33 �ngYti1.�737w,Ctc&�4.3d 016: RCRr76.30AeNrt-31.�9IR Bstld301w chj= 109.26 gl s8W,.3tina-95 a.3 aai9 008=01.4217e 6,00 069 t R=32$,Wl,fkTln-19.2539 Brig 3433w, CChd=]49.67 5 01 .3A Rn J0 10 1hIrnT18 ai5u DtlN�67.d352ti,i�'h-9flM Linder and Overland Apartments — H-2017-0093 Page 14 EXHIBIT A Exhibit A.6 — Recommended Development Agreement Provisions 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi -family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall ^,.,-,mate with n C14D and- incorporate the three (3) retention ponds as part of the proposed development as depicted in Exhibit A.4. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-313-11. �- y Linder and Overland Apartments — H-2017-0093 Page 15