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17-1760 Village Apartments Annexation and Rezone AZ 15-012351462 1710656 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following; 12/29/2017 STATE OF IDAHO) County of Canyon) On this 29th day of December in the year of 2017 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executed same Notary licd& Idaho®��tttt�Pw1t1r1f Residing at Canyon County �� gym' My Commission expires 06/28/2023 mr ZZ � t . . rte® ............ r D ADA COUNTY RECORDER Christopher D. Rich 2017-121771 BOISE IDAHO Pgs=52 BONNIE OBERBILLIG 12/21/2017 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (AZ 15-012 VILLAGE APARTMENTS) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SW 1/ OF THE NW 1/a OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit : GFX— Meridian Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -G (General Retail and Service Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning snaps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /� day of Oel�WW , 20t-7. 7 APPROVED BY THE , M_,2017. AYOR OF THE CITY OF MERIDIAN, IDAHO, this day of W � Ute' , 2017 . 13 C.JXY COLWS, CITY CLERK "�j,D /,Ucusrl oC YO city 0 Ali 0 de WEERD ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this A day of NaMbW , 20j_j, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••••titNE k,••,•C)mkA 10ax S 'TA10 •: NOTARY PUBLIC A, IS) ( O ,'.,� RESIDING AT: MY COMMISSION EXPIRES: 3 -a-q • ply, 4n of �••. ANNEXATION — VILLAGE APARTMENTS (AZ 15-012) Page 3 of 3 EXHIBIT A Legal Description and Exhibit Map for Proposed Annexation 5w tl;ootrh Land 5urveyingf LLC • '0305Peva.. nMme,tt. 0 63E 17 July 28, 2015 Annexation Legal A parcel of land located in the SW114 of the NVV1/4 of Section 4, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0°35'47" West, coincident with the west fine of the NW1/4 of said Section 4, a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89119'30" East, 185.00 feet; Thence South 0°35'47" West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 891119'30" West, 185.00 feet to said west line of the NW1/4 of Section 4, a distance 185.00 feet; Thence North 0135'47" East, coincident with said west line of the NW114 of Section 4, a distance of 90.OD feet to the POINT OF BEGINNING. The above described parcel contains 0.38 acres more or less. 015115065 -CMG -VILLAGE COMPS EkDra% ings1Dascriptlons1i5D65-ANNEX LEGAI..doox qe 11 Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 EXHIBIT ,$ Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 32133 i E. UST(CK ROAD T. 4 N. 5 14 T. 3 N. O 1` 0 W Q� W i s O V, t— t A 1 I r—POB i r 589°1930"E 185..00' w � o 0.38Ac.*NL LA O E,N � N89°19'30" W (85.0(1' ` 14 c„� f w mti a co � 5 4 ! E. RIVER VALLEY ST. FND BRASS CAP »'rs PROJECT. OWNEROE-VELOPER: 2030 S. WASHINGTON AVE. I owG# 2?00 N, EAGLE— ROAD. BART L. BRYSON �.. EMMETT, (D 83$17 15065 pRCJecna VILLAGr- C:ONiPt_EY, P. (208)398-8904 APN S110423364-2 i (�� r� F: (206) 398-8105 15005 -ANNEXATION MAP VWM.SAINT00TNLS.00M 1oF� Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER , In the Matter of the Request for a Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses; Annexation and Zoning of 0.38 of an Acre with a C -G Zoning District; and Conditional Use Permit for a Multi-Fimily Development Consisting of 335 Dwelling Units on 16.68 Acres of Land in a C -G Zoning District, by DevCo. Case No(s). NIDA --15.011; ,AZ -15-012; CUP -15-019 For the City Conned Hearing Date of: December 1, 2015 (Findings on December 15, 2015) A. Findings of fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 1, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 1, 2015, 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 Irnpact 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 CIerk and then a copy served by the Cleric upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CrrY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-011; AZ -15-012; CUP -15-019 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 1, 2415, 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 a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. 3. `/'he, applicant's request for conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use pen -nits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11 -5B -GF). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (IIDC l I -SB -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requcsted to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FT9DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -15-011; AZ -15-012; CUP -15-019 - 2 - 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 trust be in writing, and must he 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 die time period within which a Petition for hidicial 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 December 1, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), MDA -15-011; AZ -15-012; CUP -I5-019 - 3 - j By action of the City Council at its regular meeting held on the day of 2415. COUNCIL PRESIDENT KEITH BIRD V0TSD—q0— COUNCIL VICE PRESIDENT .TOE GORTON VOTED [% COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED --k COUNCIL MEMBER Tar PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTEDlt1k� COUNCIL MEMBER GENESIS MILAM VO'T'ED MAYOR TAMMY de WEER_D VOTED (TIE BREAKER) a eerd rn Ar1�� Attest: Ot • r. f �9 c:�ry nd E f TlD AN _ �naein aycee olman � SAL City Clerk T41,15��'4. Copy served upon Applicant, The Planning Division, Public Works Department and City Attomey. By - Dated:��y�j City Cli CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). NIDA -15-011; A7--15-012, CUP -15-019 - 4 - EXHIBIT A STAFF REPORT HEARING DATE: December 1, 2015 E ILIA V � ~, TO: Mayer & City Council I FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: MDA -15-011; AZ -15-012; CUP -15-019 — Village Apartments I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, has submitted an application for a modification to the existing development agreement (MDA), annexation and zoning (AZ), and conditional use permit (CUP). A modification to the existing development agreement (Instrument No. 104129529) is proposed to include a conceptual development plan for the property and to remove the requirement for detailed conditional use permit approval of future uses. The applicant proposes to annex and zone 0.38 of an acre of land from the RUT zoning district in Ada County to the C -G zoning district in the City. The conditional use permit is for a multi -family development consisting of 336 dwelling units on 16.68 acres of land in a C -G zoning district, as required by UDC Table 11-28-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, AZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on November 5, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: L In favor: Jim Conger, Applicant's Representative ii. In opposition: None W. Commenting: Martin McWilliams; Brenda Ross; Dick Ross; Mark Rogers; Ann Sorensen iv. Written testimony: Jim Conger, Applicant's Representative v. Staff presenting application: A. Other staff commenting, on application: None b. Key Issue(s) of Discussion by Commission: L Concern in regard to the project's compliance with open space standards. c. Key Commission Change(s) to Staff Recommendation: L Modify condition 41.1.5 as follows: "A 35 -foot wide buffer and 10 -foot wide pathway is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of the development; and a 20 -foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of the development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-313-7C." Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 1 EXHIBIT A ii. Include a new condition requiring the existing structures on the site to he removed prior to issuance of the first Certificate of Occunancv for the site (see condition ##1.1.9). d. Outstanding Issue(s) for City Council: L None r M_ II aI PRIOR �1'111+_r r r I r rr l wrr 4 ,. r r r rrrr II \rr• n r r l I i rrr.�i, rrr it ■ f �• rrrr�•r �_� ri :_� =iii �+�' r ► r 1 � � r r Ir IW r r.i lrI r I' rr _i i_.t�• r_ rrlr�.. .r .. rr u'r._ rt - - ►ir III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA -15- 011, AZ -15-012 and CUP -15-019, as presented in the staff report for the hearing date of December 1, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, 1 move to deny File Numbers MDA -15- 011, AZ -15-012 and CLAP -15-019, as presented during the hearing on December 1, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers MDA -15-011, AZ -15-012 and CUP -15-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) far continuance.) I'V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: MDA & CUP: The site is located at 2600 N. Eagle Road, in the NW '/4 of Section 4, Township 3 North, Range 1 East. (Parcel No. 51104233710) AZ: The site is located at 2700 N. Eagle Road, in the NW/4 of Section 4, Township 3N., Range 1E. (Parcel No. 51104233642) B. Applicant: DevCo 4524 W. Fairview Ave. Boise, TD 83706 C. Owner: Bart Bryson 2600 N. Eagle Road Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 2 EXHIBIT A Meridian, ID 83646 D. Applicant's Statement/Justification- Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning, and conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on the AZ and CUP requests; and before the City Council on the MDA request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 19 and November 2, 2015 (Commission); November 9 and 23, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); November 6, 2015 (City Council) D. Applicant posted notice on site(s) on: October 27, 2015 (Commission); November 20, 2015 (Cit}± Council VI. LAND USE A. Existing Land Use(s): The annexation area consists of a residential parcel, zoned RUT in Ada County; and another related undeveloped parcel, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Various retaillrestauranticomrncrcial uses and land approved for a multi -family residential development (Verraso), zoned C -G South: A restaurant (Great Wall), zoned C -G; and land approved for multi -family residential apartments (Regency at River Valley Phase 2), zoned R-40 East: Rural residential properties, zoned RUT in Ada County West: N. Eagle Road; undeveloped property, zoned C -G; and single-family residential property, zoned R-2 C. History of Previous Actions: The 16.44 acre portion of this site that makes up the MDA and CUP applications was annexed in 2003 (AZ -03-021, Redfeather Estates No. 2) with a development agreement (Instrument No. 104129529) as a pathway of annexation for the Redfeather Estates development to the east. This site has remained a residential/agricultural property since that time. A property boundary adjustment (PBA -14-005) was approved in 2014 which reconfigured the southern boundary of this site. The record of survey was recorded as ##9983. D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject site currently exists at the southwestern corner of the project along the White Drain. 2. Location of water: A Water main intended to provide service to the subject site currently exist at the southwestern corner of the project along the White Drain. Additional mains are either planned or are currently being installed adjacent to the north boundary, south boundary, and cast boundary. 3. Issues or concerns: None Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 3 EXHIBIT A E. Physical Features: 1. Canals/Ditches Irrigation: The Milk Lateral crosses the northeast corner of this site. 2. Hazards. Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. V11. COMPRERENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as Mixed Use - Regional (MU -R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support 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 developments. The developments are encouraged to be designed according to the conceptual MU -R plan depicted in Figure 3-5 of the Comprehensive Plan. The subject property is located adjacent to N. Eagle Road, between E. Fairview Avenue and E. Ustick Road, both major arterial intersections. The proposed multi -family development will integrate with the existing and future multi -family housing, retail, restaurant and commercial uses in the area and support these uses. The site is located within a'/d mile of The Village and Kleiner Park which provide a regional draw. This site is proposed to develop with high-density residential uses at a gross density of 29.5 dwelling units per acre (d.u./acre). The proposed development consists of 336 dwelling units on 16.68 acres of land. The proposed use should contribute to the mix of housing opportunities in this area adiacent to retail, employment and restaurant uses near major intersections (N. Eagle Road & E. Ustick Road and N. Eagle Road & E. Fairview Avenue), consistent with the plan for MU -R designated areas. Staff finds the following Comprehensive Pian policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-farruly arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development," (3,07,03B) The proposed high density multi family residential development will contribute to the variety of housing types available within this part of the City and offer rental options.for I and 2 bedroorn units. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site. "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, love walls, berms, etc.) A 35foot wide landscaped street buffer is required along N. Eagle Road an entryway corridor; and a 20 foot wide buffer is requited along the future extension of N. Records Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 4 EXHIBIT A Avenue, a collector street. Commercial pads are proposed along the frontage of the site on Eagle Road,therefore, berms or walls aren't necessary as a buff er from the state highway. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed multi family residential development should be compatible with existing and future multifamily residential uses to the north and south. There are three rural residential properties to the east across from this site but the homes are located approximately 600 feet from the east property line of the site, therefore, the proposed development should not directly impact these residences. "Encourage infill development." (3.01.028) The 0.24 of an acre parcel proposed to be annexed is an enclave surrounded by City annexed land; the remainder of the site is undeveloped. Development of the subject property will allow city .services to be extended to this site as planned. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The applicant proposes one access for the site via N. Records Avenue, a collector street, along the east boundary of the site; no direct access via N. Eagle Road/5`H 55, an arterial street and state highway is proposed. The other accesses proposed are via crass -access easements from adjacent properties to the north and south. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) Internal pedestrian pathways and sidewalks are proposed within the multi family portion of the development, Pedestrian connections should also be provided between the residential and future commercial development to the west and the residential developments to the north and south. "Locate high-density development, where passible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.62, pg. 55) The proposed high-density development is located near a major access thoroughfare [N. Eagle Road (State Highwav 55), E. Ustick Road and E. Fairview Avenue] and is within walking distance of Kleiner Park, a 60 acre City Park, and The Village at Meridian .shopping center to the south. "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.0113) The proposed 1 and 2 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) .Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. "Provide housing options close to employment and shopping centers." (3.07.02D) This site is located along a major retaillcommercial corridor (Eagle Road) within the City. High density residential development is desired in this area to support the employment and Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 5 EXHIBIT A retail/restauranticoinmercial uses. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MU R designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Properties within the C -G district are typically in close proximity and/or have access to interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office, service, and light industrial uses. B. 'Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C -G zoning district. The proposed multi -family development is listed as a conditional use. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this property. Retail and restaurant uses are listed as principal permitted uses in the C -G district. C. Dimensional 'Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G zoning district apply to development of this site. D. Landscaping Standards (UDC 11-313); The standards for landscaping contained in UDC 11-313 and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in 1-4-3-27C andl 1- 4-3-27D. The standards listed in UDC 11-3G-3 do not apply to development Qf this site because the property is not in a residential district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The existing development agreement (DA) (instrument No. 104129529) for the subject property requires, "Any future uses of the property to be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other ley land planning issues is required prior to any detailed CUP applications being submitted on either of the subject parcels." The applicant requests a modification to the DA to remove the requirement for CUP approval of all uses and to include a conceptual development plan for the property. A CUP would still be required for uses that are listed as a conditional use in the C -G district per UDC Table 11-2B-2. The applicant also requests to include the 0.24 of an acre parcel included in the concurrent annexation and zoning request in the DA as part of the modification. The proposed conceptual development plan depicts (3) retail/cornrnercial building pads along the frontage of N. Eagle Road; (1) retail building east of the building pads; and a multi -family development on the eastern portion of the site with associated garage and carport structures, a Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 6 EXHIBIT A clubhouse, storage units and other site amenities (see Exhibit A.2). All of the proposed uses are consistent with those desired in MU -R designated areas. As required by the DA, the proposed concept plan depicts a private backage driveway parallel with Eagle RoadISH 55 at the rear of the commercial building pads that connects into the property to the north (an access via Eagle Road is located at the southwest comer of -tile property to the north); interconnectivity and transition in uses between parcels to the north and south; and access points. Staff recommends pedestrian interconnectivity is also provided where feasible. Note: A driveway connection is not proposed to the south at the southwest boundary of the site to the Great Wall property because when the Great Wall developed it was not deemed feasihle or necessary to rewire the construction of a bridge across the South Slough because the subject property would have aecess via Records Avenue and Eagle Road (via the property to the north) and the Great Wall property would ultimately have access via E. River Valley Street to the south. Staff believes the future retail/commercial uses along the frontage of the site on N. Eagle Road/SH 55 will provide a buffer to the residential uses from the state highway and the proposed multi -family development on the eastern portion of the property will be compatible with the multi -family developments approved but not yet constructed to the north and south. In summary, Staff believes the proposed concept plan demonstrates interconnectivity, access, transition in uses, and the provision of a backage road as required by the DA. Therefore, staff recommends approval of the proposed modifications. Because the property governed by the subject DA also includes the Great Wall property to the south at 2590 N. Eagle Road (formerly the Schrammeck property), Staff recommends a neve DA is required that is applicable only to the property that is the subject of the AZ and CUP applications per the provisions listed in Exhibit A.6. ANNEXATION (AZ): The applicant proposes to annex and zone the 0.35 of an acre parcel of land on this site that fronts on N. Eagle Road with a C -G zoning district. As discussed above in Section VII, staff believes the proposed zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the MU -R FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2, which depicts how the site is proposed to develop with a retail/commercial building pad. The legal description submitted kN ith the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. The applicant requests the subject property is included in the existing DA (instrument No. 104129529) that governs development of the remainder of the site and also the Great Wall (fka Schrammeck) property to the south. Instead, Staff recommends a new DA is required for the subject parcel to include the land that is the subject of the concurrent CUP request:, in accord with the provisions listed in Exhibit A.G. Staff has included provisions in the new DA that are still applicable to this site from the existing DA. CONDITIONAL USE PERMIT (CUP): A CLIP is requested for the development of retail/commercial and multi -family residential uses on the subject 16.62 acre property in the C -G zoning district. The current DA requires any future uses on the property to obtain CUP approval. The UDC (Table 11-213-2) also requires CLIP approval for a multi -family development in the C -G zoning district. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 7 EXHIBIT A The retail/commercal portion of the development is proposed to consist of (3) retail/commercial building pads consisting of 3,500, 4,000 and 7,000 square feet (s.f) along the frontage of N. Eagle Road and (1) 14,000 s.f. retail building east of the building pads on a total of 5.23 acres of land. The commercial portion of the site is not proposed to develop at this time. The multi -family residential development is proposed to consist of 336 dwelling units within (11) 4 -story structures [(10) 32-plexes and (1) 1 b-plex] on 11.39 acres of land on the eastern portion of the site fronting on N. Records Avenue. The units will consist of 1- and 2 -bedrooms containing 500-800 s.f. and 800-1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, great room, a pool room and bike storage with a covered patio. Associated garage and carport structures, and (2) 18 -bay storage unit structures are also proposed (see site plan in Exhibit A.2). All of the proposed uses are consistent with those desired in MU -R designated areas and are allowed in the C -G district; the multi -family residential use is allowed as a conditional use. Specific Use Standards.: The specific use standards for multi -family developments listed in UDC; 11-4-3-27 apply to development of this site as follows: (Staff's comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Private useable opera space in accord with UDC standards is proposed for each unit in the form ofprivate patios and balconies. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development, The property management office is proposed within the clubhouse; a central mailbox location is proposed within the common area by the clubhouse; and a maintenance storage area is located within the garage structure on the west side of the common area where the swimming= pool is proposed. A directory Wrap of the development should be provided at the main entrances to the development. At a minimum, 250 s.f of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units contain between 504 and 1,200 .square feet of living area. Therefore, a minimum ref 84, 444 s; f. (or 1.92 acres) of common open space is required to be provided_for the development. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 84,097 s.f. of common open space proposed. However, it appears area has been included in this calculation that does not meet the minimum requirements fir qualified open .space. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard For multi -family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 336 units are proposed, more than 4 amenities should be provided far the site with at least one from each category (i.e. quality of life, open space, recreation). The Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 8 EXHIBIT A applicant proposes to provide the following amenities: I) clubhouse, )fitness facility (in the clubhouse), 3) a swimming pool, 4) a children's play structure, 5) a bicycle repair area, and 6) enclosed bicycle storage (within the clubhouse) with the capability of storing approximately 60 bicycles, which fall under the quality of life and recreation categories. In addition to the aforementioned amenities, Staff recommends two additional amenities from the opera apace category are provided (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant should provide details to Staff prior to the Commission hearing on what the amenities will be The architectural character of the structures shall comply with UDC 11-4-3-271. The conceptual elevations included in Exhibit X1.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. hoof forms should be distinctive and include variety and detail when viewed from the street — sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of stucco and fiber cement horizontal lapped siding which conveys an impression of permanence and durability, with steel decks and rails and asphalt roof shingles. Windows arc proposed on elevations that face common area. All roof and wall amounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of'structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Landscaping is required to comply with UDC 114-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan does not comply with this requirement; the plan(a) submitted with the Certificate of'Zoning Compliance for the structures that face N. Records Avenue should comply with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi -family developments, parking standards are based on the number of bedrooms per unit — I -bedroom units require 1.5 spaces per unit with at least one ofthose in a covered carportor garage and 2 -bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 9 EXHIBIT A The final count of the 1- and 2 -bedroom units is not yet finalized although the mix will be approximately 40% 1 -bedroom and 60% 2 -bedroom units. A total of 343 covered spaces and 302 open spaces .are proposed. The number of covered parking stalls proposed complies with UDC standards; until final bedroom counts are submitted, staff is unable to determine if the number of open parking spaces proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11 -3C -6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. Based on 645 vehicle spaces proposed to be provided on the site, a minimum of 26 bicycle spaces are required. The applicant proposes a total of 90 bicycle parking spaces in 39 bicycle racks dispersed throughout the site in compliance with this requirement. Cross -Access: Where access to a local street is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining properties in accord with UDC l 1 -3A - 3A. A curb cut to the subject property from the property to the north (Southeast Corner Marketplace No. 1, fka Gateway Marketplace) exists near the northwest corner of the site for cross -access; the backage driveway proposed on this site should align with that curb cut and a cross- access/ingress-egress easement is required to be granted to that property (Parcel #R8448310100). The recently approved multi -family development (Verraso) to the north of the eastern portion of the site is required to provide a cross -access easement to this site (easement is currently in process); a cross-access/ingress-egress easement is required to be granted to that property (Parcel #R8803510210). A cross -access easement was required to be granted to this property with development of the property to the south (Regency at River Valley Phase 2) at the northwest corner of their site; the subject property is required to grant a cross-access/ingress- egress easement to that property (Parcel #51104233940) at the southwest corner of this site and staff recommends a cross -access easement is provided in alignment with the driveway shown on their approved site plan (the proposed driveway does not align). Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CLIP -14-001 to change the location of the cross -access requirement to the subject property From the northwest corner of the site to near the center of the site where a driveway is proposed between two garage structures, If approved, the cross -access easement to the south would not need to be provided at the southwest corner of this site but near the current location ©f the stub driveway to the south instead. Traffic Calming: Traffic calming should be provided within the site between the residential and cormnerciai development and in N. Records Avenue (as allowed by ACHD). Landscaping: Street buffer landscaping along N. Eagle Road and N. Records Avenue is required as set forth in UDC Table 1 I -213-3. A 35 -foot wide buffer is required along N. Eagle Road, an entryway corridor, and a 20 -foot wide buffer is required along N. Records Avenue, a collector street. Landscaping is required to be installed within both of the street buffers in accord with the standards listed in UDC 11-3113-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Parking lot landscaping is required to be provided in accord with the standards listed in T_TDC l l - 3B -8C. The landscaping appears to comply with these standards. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 10 EXHIBIT A Upon development of the retail/commercial portion of the property, a 25 -foot wide buffer to residential uses is provided in accord with the standards listed in UDC 11-313-9C, unless otherwise modified by City Council. Sidewalks. A 5 -foot wide detached sidewalk is required to be constructed along N. Records Avenue, a collector street, per UDC 11-3A-17. Pathways: A 10 -foot wide multi -use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in LDDC 1 I -3H -4C. These improvements are required to be constructed with the first phase of development and prior to issuance of the first Certificate of Occupancy for this site Waterways: The Milk Lateral crosses the northeast corner of this site and is required to be piped in accord with UDC 11 -3A -6A. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7 -foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A - 12B. Five trash enclosures are depicted on the site. The enclosures and locations should be approved by Bob Olsen, Republic Services. The overall site exhibit (sheet ALO) does not depict the trash enclosure for Buildings G and H in the same location as the architectural site: plan and landscape plan; revise plan(s) accordingly. Ai detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi -family structures, clubhouse, garages, carports, storage buildings, and garage/maintenance building (see Exhibit A.4). No building, elevations were submitted for the future commercial structures. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi -family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City's design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-58-1. Village Apartments MDA -15-01 l; AZ -15-012; CUP -i5-019 PAGE 11 EXHIBIT A Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-513-5. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. Stajj'recommends approval o_f'the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning & Aerial Maps 2. Site Plan (dated: 7124115 & 7/30/15) 3. Landscape Plan (dated: August 2015) 4. Conceptual Building Elevations (dated: 6/23115) 5. Existing Development Agreement Provisions 6. Proposed Development Agreement Provisions 7. Legal Description of Property Subject to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PACE 12. EXHIBIT A Exhibit A.1: Zoning & Aerial Maps E thtkk Ra j�......... R-2 i 1 I r.mE T.r.b iA Xr.r �� e j nry _ aXaa Ylr@ 3 rm _ e_ns q` lal✓ : y r@ rwX� NO, �T Z>tl t., r.X Ya1 nr y s��Xp f1. � �. .. ,rte JJ ;. / ✓ �l YN a,Xo ?!W Village Apartments MDA -15-011; AL -15-012; CUP -15-019 PAGE 13 EXHIBIT A Exhibit A.2: Site Plan (dated: 7/24/15 & 7/30/15) Pad I I I kPY., r t -ft SA i ----------- pv J41� j 17 N t'1A ---------- -------- iiiiiiiiiiniiiiiii.U_ le, J;! 741"t-, "Im JOVEMUSIU MAN EXHIBIT Village Apartments MDA -15-011; A -Z-15-012; CUP -15-019 PAGE 14 A1.0 O\fj%4L5nD2.8T EXHIBIT A r°� ,ou..� �.�111er1e ,rw111.n IL 3etaii 11A-ia7l 4t$ Il lllh,4— l --I - j�a _.1 -Ir J a - L_ -, L . . jr,, N .1'{ gt�`g P Jwr 45,11Pa� JH 7F i"� �, "�. �e.�u. '�11. r -r_r � -4 3�7--'� 4--I— ..3'�_ __yr• �.v - �. � '.� 1-�'�_-Iei14UW1, .. .�. - _ _ — - _ . •'w�9 . -.t:,_. -L1 � 1 SITE PLAN Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 15 THE VILLAGE APARTMENT$ EAGLE ROAD MERHDIAH.I➢AHO 11 avHLdki DEN€Ml RRE N0EE3 - MILE; ................ d•=dP-0' 104,It1�ii =• ......................0-6 er� TOTAL AREA: ....... ItMAORES OENSm PROPOdEk ........--is RUTACRE SITE NOTES; AU MBER GF APARTMENT BU I LOI III ............ 11 AVM B ER OF WAGE BLALDMSS: ...............14 AUMBEN CF RINE LLINO UNIM ............... E84 TOTAL PARKING REOUIRER�PROPOSERS..... 630,'845 OPEN SPACEM AC ....... _ 26 COVER ER SPACES RTKIUIREOMMI DSEO:....=-= CARRF SHACE54%HC... . .. ._..1269 CAP083 8PACM% UL: ..... . _ .20" BICYCLE PARKING SPACES PROPOSED {14511:.... . 90 COMMON OPEN SPACE REOUIRED:.. . 84.0110 S E 330 N.U.><250 S.F,1).D.= 84,000 S.F. COMMON OPER SPACE PRGIPIMU- .. MAO? S 1 MAK, 11l D. 12 PROPOSER. .,.,1-- ...... 46.-s.. IMID POINT OF SLOPED RODE] SITE DEVELG PRI ENT AAIENTIES PROPOSED; A. CLUBHOUSE B. FTINiS30L113ER {IKIiNIN CLO8H0USEJ C, C NII OR FN'S PLAT STRUCTURE R. S'H'IMMING POOL E. EHCLDSED DIKE 5TOWE WHIN CLUBHOUSE] F. OIXI REPAIR STATION B. ON SITE STORAGE UE'NELOPER. M.YC.. LLC 4824 W. FAIRVIEW BRISE. MAI -11) 83706 1208f 33"m LAN09CAPE: TG ENGINEERS 8777 CRINOEN BLVD. BOISE. IDAHO 83714 12081 a2"288 CIVIL CENIL INNOVATIONS. LLC. EW04NEEV P4 BOX 178811 NOISE. BAHO 83717 1204) ncS7 S1 ARCHREOT7 PLANNER: c .. . . I` VILLAGE APARTMENTS czci .0 n: HIT-U,19AL SI1 E PVH EXHIBIT A Exhibit A.3: Landscape Plan (dated: August 21015) un�ctperors ,ml.. 6 Nferm w4w._iw Ar �.fW qu4 vsn.6ee s•[ P•a a.w •� triYW�gt• FtM sv.anar s 0. •rimae R-c+•..R.. s+olmEr.°rT f Nbn.+wd�mrltlgd�_ff a° HMeNFOT.W M Wates, itrNFra.tl >rLvlwlLLda �w..tl1 '�.. h14+NrN°Yuv �. 1•..nMrY'c.� � n ��e�.[, •W .w aflf.Hri •.rae r.. trA Wwmu+axaeW�. �' . °X•p mime a+i. awY mness.try n;ar.+e - ra Rnw/.tl xmt�4 �%'• rr».�� .-ve��.•eewc •.F•� f�6Nk+b'.R rn k.— JW aN..M xl•,ur •Yrex. srp °rim �elWmr artmtr !u xpr%m _rnem+pl.Yea M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 r�n®cy bCl ruY zenenu Y'. W�.Y„vm+aam"r".rt° .amen•. I $ . �:. :-1 _ r LL-II ®01©®00©00 -,I .ALL- III_I I . 1 as mnr II_ _ t1 r.� tilPrNm11YYFLAr Wnb:Ya I'M y� � !®vv©vvoo aiYW MtyMMYkvbYggwe _ _ i _ � I ,N r - e errtilrr.rr,vralW w1►,.eNw war Yes - - = nuxKr -II IT 1 71 W rs•wmrrr+...i.�ert r •�. Y — _ Pw.m3 - ®��®lll�lllll� Ell. � + '-e wwam.l°oamnrrz 'J17P� llll��®lllll�llllllll,l�lll�©® � YI•l I •l - A}©Yrl�lllli�llll�© 4vAYWmfvWWrfrrwel%rllrYrw - �f', _ � I r ,LuIumlllUiLrm. `-t:1. l�� ®l�©©Illi+llll�llll� I v - M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 r�n®cy bCl ruY zenenu Y'. W�.Y„vm+aam"r".rt° .amen•. I $ . �:. :-1 _ r LL-II -,I .ALL- III_I I . 1 as mnr II_ _ t1 r.� tilPrNm11YYFLAr Wnb:Ya I'M y� � aiYW MtyMMYkvbYggwe _ _ i _ � I ,N r - e errtilrr.rr,vralW w1►,.eNw war Yes - - = nuxKr -II IT 1 71 W rs•wmrrr+...i.�ert r •�. Y — _ Pw.m3 - Ell. � + '-e wwam.l°oamnrrz 'J17P� I I � YI•l I •l - 4vAYWmfvWWrfrrwel%rllrYrw - �f', _ � I r ,LuIumlllUiLrm. `-t:1. w.+w�".+'�m`mppa*a4Y4r.it gNrA •• wurtlw,. ea4llrl�ni'+iW •rfwu I _� I M 4iwY.•eY+lramW lW'Wrmm NeNmNlR TBtm �B mn elv rWruCmMa.3 � ; m i i rrere� tl} t; E Tl�sprHN Co a m w� .rsdawh ::w°"� 91ffT Lim 6 Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 16 r�n®cy bCl ruY zenenu 1 as mnr II_ r.� mmca ar y� � I T -1 it v - I Iff � -: rYtinluoa •II. 5 r _ I $ I E a a. C� lu--rY.. @ lYleulw-c 1i j� ruin lwm i � � I I "52 j �e�ndocaev Meferiela Plerr .,. ....,.- �. _. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 16 EXHIBIT A ®mm�o o�mo ��01�191�[ ,� �o�o o�®0 911111111 opo© 19 CM URAGE IDUMEAME INFIbINIM .11 51 0 1`x',3 _ • !+� U7T* - 1!�RTLS t y Ludscum Do Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 17 y MICE CL r I A! fifiraw P 5i a 41 L — — — — — — — — — — — — — — —artu — — — — — — — — — — — — — — — I Landscape Ran Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 17 EXHIBIT A Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 18 �.-. AM--- nFIFFIFFIFFIF l di ��/J ■I [may] OF a --r E rn E < 'M�' ,, � X�5511 rrpp �&I LBer6 Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 18 •J �■ �-- - .. .: r k ,. - f .a _ mow! E i!!! Wool" ' ate!! i!!! m!!sac - 6 !!�r !!! !!! 0 s HIM !!! 1rt�f r::i.r M _ I •J �■ �-- - .. .: r k ,. -11 _W= s _1 111Z o 1=1m, - -%-ALAV IF on NO INN �Nm 2111.1gillufflommi V- tjjg�Fpfm� ;qjlqg;�Jjz� In MMMEMEM!tt:m:m_ mom Emiamn—_ M 00.11MR–Tom Ad 11 m m a lh-1 EXHIBIT A 4 MY WMIE 4 60 GN M TYMAL MM MIMI 2A—FAR."A"m 38_1DE R"Anu w l�\ _.&L -------------------------------- ----- ------------------------ -- ---------- ---- W=NAE&ffl& A Y -- SAY PWNWA) UE u 7r, WM EILEYAWN iy 04" 11DUTOMMEMBNEOW& 8—R&T-m"T" --- — ------ MINIM:f'.�___ ___ ------------ ------------------ --------------- ------------------------ --------------- - -- 5 MT UFAGE a NMENQ SLDIL FRWT ELEVNMK OkT PWL MEA) IDIA76ARMUE 2 REAR EUTATM JALONA RECORDS AVLJ 19 SAT GARAGE iwiii 1,11v tit= 0i Me I n R tOBAY 40AUATOM 10 SAI "Mu At 00i 5F.Rw "noN 6SWE EMMM Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PAGE 21 faBEra —, W7; T -ARONFICIRM4 AG5.1 .W "n P.A.F EXHIBIT A 3 11 CAH GAMM RM — i� 1oqm@mwwBn31VFFAT� It- ----------------------- 71'""AmpmPLAN . 910�"TOMPMRRVAMM AT-yP -cA';FGKF 'No eL'OON ,Nr —jei- KMOTES L -ij A-�:r -Rollo 3 11 CAH GAMM RM — i� 1oqm@mwwBn31VFFAT� It- ----------------------- 71'""AmpmPLAN . 910�"TOMPMRRVAMM AT-yP -cA';FGKF 'No eL'OON ,Nr —jei- KMOTES iii■ii .■. . . . . . ..... ..... iii..... ............ 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J -7 - 51-nYMM"FUMMM g12�UY0APOST PLAN Mi .- — MMMMMW B WPr AL CkRPOK'r SECTION OU."I C"Po" ELPATIOV Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PACE 22 2 EATS AG2.0 AG2.1 --------------- ----------- ---------- ----------- ----- g12�UY0APOST PLAN Mi .- — MMMMMW B WPr AL CkRPOK'r SECTION OU."I C"Po" ELPATIOV Village Apartments MDA -15-01 1: A -Z-15-012; CUP -15-019 PACE 22 2 EATS AG2.0 AG2.1 EXHIBIT A R i 61AT Ff-0 '-1 T Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 23 KEA & EXHIBIT A +N& nnutnmr-CIWML E Zx ELiYlIiiOAI • uu�aueE rrar EEe TEN-OWINUM -i ------------------ --------------------------------------- 177 N eeoeeee�®1��Ir°®l°°°°®:ISI O"ATM - cau®wmaE Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 24 AC5.o pw-mv"7w TAO--- ilLLAGE tPARTNIENTS E31 AC5.1 EXHMIT A 1 CLLUBHCIISE FLOOR PLAN y Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 25 VILLAGE APARTMENTS M3M�[eikJ. Mir10 � AC2.Q w w+re RDM RIM EXHIBIT A Exhibit A.5: Existing Development Agreement Provisions Page 34 of 16 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's„ Zoning Ordinance codified as Meridian City Code Section 11-7-2 (K) which are herein specified as follows; Any future uses of 'the property shall be approved only through the conditional use permit process. Additionally, either- a public or private back -age street generally parallel with Eagle Road/SH 5.5 shall he incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C -G zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT SOF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property„ in accordance with the following special conditions; 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of "Property" or otherwise develop the "Property" in accordance with the terms hereof: 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road,1SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schralnmeck properties. The following Comprehensive Plan policies (frons Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses, They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. Village Apartments MDA -15-011; AZ -15-012; CUP -15-01 J PAGE 26 EXHIBIT A In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion can roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qualify of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersection, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Village Apartments MDA -15-01 l; Az -15-012; CUP -15-015 PAGE 27 EXHIBIT A Exhibit A.6: Proposed Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terrns and conditions of this Agreement. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval included in Exhibit B. c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11 -3A -6A. d. A 35 -foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of development, and a 20 -foot wide street buffer is required to be constructed along N, records Avenue, a collector street, with thefrst phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for the site each phase. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11 -3B -7C. A 10 -foot wide multi -use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easements pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11 -3H -4C. These improvements are required to be constructed with the.#Fs4 second phase (commercial portion) of development and prior to issuance of the first Certificate of Occupancy for the that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25 -foot wide buffer is required to be installed adjacent to the residential uses in accord with the standards listed in UDC 11-313-9C, unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N. Records Avenue (ds allowed by ACHD). Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 28 EXHIBIT A Exhibit A.7: Legal Description & Exhibit Map of Property Subject to Development Agreement 5awtooth Land 5urucying. LLC -- _ P i24 -)P 4c;tl.R; n4 e- 4,, (1ti 2030 5_ Itiv6_, FwAC!tt, IQ 63617 August 19, 2015 Boundary Legal A parcel of land located In the SWI14 of the NW114 of Section 4, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, and as shown on ROS 9993, Ads County Records, more particularly described as follows; COMMENCING at a found brass cap marking the northwest comer of Section 4; Thence South 0°36'04" West, coincident with the west line of the NW114 of Bald Section 4, a distance of 1390.17 feet; Thence South 89°5+0'46" East, 70.00 feet to the east right of way of N. Eagle Road, and the POINT OF BEGINNING; Thence continuing South 89050'46" East, coincident with the north line of said ROS 9983, a distance of 700.15 feet; Thence North 0°36'00" East, coincident with said north line of ROS 9983, a distance of 99.00 feet; Thence South 89=52'28" East, coincident vAth the south line of Southeast Corner Market Place Sub, No. 1, as shown on file in Book 101 of Plats at Page 13253, Ada County Records, the south line of Govemrnent Lot 4, of said Section 4, and the south line of Una Mas Sub, as shovsm on file in Book 103 of Plats, at Page 13894, ,oda County Records, 504.91 feet to the west fight of way line of N. Allys Way as shown on file in Instrument No. 114020090, Ada County Records; Thence South 0040'399 West, coincident oirth said west right of way line of N. Allys Way, 717,01 feet; Thence North 89°22'08" West, 6SCY75 feet; Thence North 34°48'52' Wesi, 57.10 feet; Thence North 66018'52" West, 264.011 feet; Thence South 84°36'08" West. 132.06 feet: Thence North 53°04'00" West, 144.06 feet to said east right of way of N. Eagle Road; Village Apartments MDA -15-011; AL -15-012; CUP -15-019 PAGE 29 EXHIBIT A Thence North V36 00" East, 386.71 feet to the POINT OF BEGINNING. The dbuve descailwU parcel contains 110.02 acres MUM or less. R ,S ECN1116tlTLhR UW M.VE.�ImAw. f9�f9R�0931�1111] f —V eIYO.Rf W—M, rb � € raY� Yxrr.�srrar G � nia Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 30 � Pi,y. l._i�1•��Y LEGENQ — .�a'a�efl�rn ue A �gV699'RBY9+91?MT4NJfbl� m RIFPo?f r� EFERVCM R,R ,Ri m 40N'�RR.W �+49itA�E A.6W,mICMG19 9ICA1. �r nes c�rPFxnr� a,F su�rrxt IAYMRB W 9HC 99 il€ d�.W.GI.M:..iN..dYE rRw.re ownAurAW.ln .eaw. aF�•orr rnr erolo uwa,erar�cf sumte�tn. Rvo ,Kp{AlffiYMIAe�EYTt tk rvPa'.wreseuRru9. raN w L'�4b91R91' RRN.N ArRP/ � CMrL`sao[+19I,+WC ro eats eiw�yl �/.9 rrR CaVYI mwrw�ndt.u.raRn pvRxu�a9 (/�{y�YlIR PlA 1X]91 � C4L 8Pn4VEY fsmElf �. 3! P-0rfJ ,1.0-0app 20.10. a WA&*MGTQN AYE.• EMMETT.10,9307 T FrxMW) M-8105 WWW.SAWTQOTHLB,C(W EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The developer shall comply with the specific use standards for multi -family developments listed in UDC 114-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the documents) shall be submitted with the first Certification of Zoning Compliance application. b. Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that demonstrate compliance with the minimum private useable open space standard of 80 square feet for each unit. 1.1.2 The landscape plan included in Exhibit A,3, dated August 2015, shall be revised as follows: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-11-3-27-F. b, Include a 35 -foot wide street buffer along N. Eagle Road/SH 55 in accord with the standards listed in UDC 11 -3B -7C; .and a 10 -foot wide multi -use pathway and pedestrian lighting in accord with the standards listed in UDC 11-31-14C. c. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the future residential developments to the north and south. Prior to the Commission meeting, the applicant shall submit a detailed plan with calculations demonstrating compliance with the common open space requirements listed in UDC 11-4-3-27C. A minimum of 1.92 acres of qualified common open space shall be provided. e. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 104' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.3 The site plans included in Exhibit A.4, dated July 24 and 30, 2015, shall be revised as follows: a. Depict the locations for directory maps of the development at the main entrances for those entering the development, in accord with UDC 11-4-3-27B. b, Update the parking calculations to reflect the number of I- and 2 -bedroom units proposed and correct the total number of parking spaces required based on those numbers; and correct the number of covered spaces listed. Include parking calculations for the clubhouse building. Parking shall comply with the standards listed in UDC 11-3C-6 for multi -family dwellings and for the clubhouse listed in UDC 11 -3C -6B. c. Correct the amount of common open space proposed in the notes; only the amount that qualifies as open space per the standard listed in UDC 1 1-4-3-27C.2 should be included. d. Label the structure where the maintenance storage area is located. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PACE 31 EXHIBIT A e. Depict a cross -access easement and driveway at the southwest corner of the site to the Regency at River Valley Phase 2 property to the south (Parcel #51144233940) in addition to the cross -access driveway currently proposed to the south. 1f the location of the cross -access at the .southwe_st corner of the .site is changed through approval of a conditional use permit minor modification application to CUP -14-001, cross -access to the south may only he provided in the general location shown on the site plan (the driveway location shown on the proposed site plan does not align with that on the approved plan for Regency at River Valley Phase 2. f. The trash enclosure for Buildings G and H is not depicted in the same location on the overall site exhibit (sheet ALO) .0) as it is on the architectural site plan (sheet CZC 1.0) and landscape plan; revise accordingly. Include a detail of the trash enclosure. g. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and. the residential developments to the north and south. h. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. i. Depict a 10 -foot wide multi -use pathway within a 35 -foot wide street buffer along. N. Eagle Road along with pedestrian lighting as set forth in UDC I 1 -3H -4C. The pathway is required to be placed in a public use easement. 1.1.4 The developer shall provide a 4,389+1- s.f. clubhouse, fitness facility (in the clubhouse), swimming pool, children's play structure, enclosed bicycle storage (in the clubhouse) capable of holding approximately 60 bicycles, and a bicycle repair area as site amenities in accord with UDC 11-4-3-27D as proposed. Two additional site amenities from the open space category shall be provided as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staffprior to the Commission hearing on what those amenities will be. 1.1.5 A 35 -foot wide buffer and 10 -foot wide pathway with associated pedestrian lighting is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase commercial portion) of development; and a 20 -foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for the site each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11 -3B -7C. 1.1.6 The applicant shall grant cross-access/ingress-egress easements to the properties to the north (Parcel #R8048310100, Southeast Corner Marketplace No. 1; and Parcel #R8803510200, Verraso) and to the property to the south (Parcel #51104233940, Regency at River Valley Phase 2) at the southwest corner of the site and in alignment with the driveway location approved on the Regency property. Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Mote! The property owner to the south may request a minor modification to CUP -14-001 to change the location of' the cross - access requirement to the subject property from the location at the northwest corner of the site to near the center of the site where a driveway was approved between two garage structures. 1f approved, the cross -access easement to the south would not need to be provided at the southwest corner of this site, only near the current location qf'the stab driveway to the south in alignment with the driveway approved on the Regency property. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PAGE 32 EXHIBIT A 1.1.7 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1- 1.1.8 1-5B-1_ 1.1.8 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.9 The existing structures on the site shall be removed prior to issuance of the first Certificate of Occupancy for the site 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. l .2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-57. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC l 1 -3B -5I, 11-313-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC i 1-313- 112. 1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UAC 1.1-3B-11 C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2..17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and l 1 -3A -6B as applicable. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 33 EXHIBIT A 1.3 Ongoing Conditions of Approval. 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6C. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4. l No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. l .4,2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11 -5B -6F 1 or 2) gain approval of a time extension as set forth in LTDC 11 -5B -6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Rcview application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will not be required for this phase of the development as street lighting will be installed with the Records Road Extension project. Street lighting will be required along Eagle Road when the commercial section of the property develops. At that time, a street light plan will need to be included as part of the development application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orWpublic_works.aspx?id=272 2.1.2 Applicant shall be required to install water mains through the development, including the provision of a water main stub to the south boundary of the development. for connection through the future second phase of the Regency at River Valley project. A stub shall also be required as shown near the northwest corner of the development for future extension to Eagle Road as part of the development of the commercial area. The applicant shall also install a water main connection, at the cross access driveway location near the northeast corner of the development, to the existing main adjacent to the north boundary as part of the Verraso project. Applicant shall also be required to connect to the main currently being planned in Records Avenue. 2.1.3 Applicant shall be required to install sewer mains through the development. 2.1.4 Sanitary sewer and water assessments will be calculated as 1 Equivalent Residential Unit (ERU) per apartment unit. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 34 EXHIBIT A from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all. public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area. of the easement (marked EXHIBIT A) and an 81.12" x 1 1" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor, DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be requires:[. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer aril water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Village Apartments MDA -15-01 1; AZ -15-012; CUP -15-019 PAGE 35 EXHIBIT A 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2213 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC I 1-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I -foot above. 2.2,19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 5-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http:l/www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature, This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221.. Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 PACE 36 EXHIBIT A 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a, Fire hydrants shall have the 4 'la" outlet face the main street or parking lot drive aisle. b, Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public 'Works specifications. d. Fire Hydrants shall be placed on comer-, when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,400 GVW, per International Fire Code Section 503.2. 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2.I. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.14 AIL portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth. in International Fire Code Section 503.1..1. 3.15 All R-2 occupancies with 3 or more units shall be required to be fire spnnkted as set forth in International Fire Code Section 903.2.8. 3,16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 104-2L. Village Apartments MDA -15-011; AZ -15-012; CUP -15-015 PAGE 37 EXHIBIT A 3.17 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.18 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.19 As set forth in International Fire Code Section 504.1, multi -family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gumey operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACRD). 4.2 Pedestrian connections should be provided between commercial and multi -family development. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a detail of the proposed trash enclosures with a site plan showing proposed locations to Bob Olson, Republic Services (205-345-1265 or rolson(arepublieservices.com) for approval. f. PARKS DEPARTMENT 6,1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road/SH-55 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Extend Records Avenue from the north property line, at its current terminus, to the south property line, as one-half of a 46 -foot street section, plus 12 -feet of additional pavement; with vertical curb and gutter on the west side of the road. A 3 -foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the east side if the roadway. DR Plan approval shall be contingent on CenterCal constructing the remainder of Records Avenue abutting the site. No additional right-of-way is required. 7.1.3 Provide an 8 -foot wide landscape buffer and construct a. 5 -foot wide detached concrete sidewalk located outside of the right-of-way within a 14 -foot wide easement along Records Avenue abutting the site. 7.1.4 Construct one 30 -foot wide driveway onto Records Avenue located 350 -feet south of the north property line, as proposed. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of AllyslRecords. 7.1.5 Other than access specifically approved with this application direct lot access to Records is prohibited. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PACE 38 EXHIBIT A 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DiGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.4 All design and construction shall be in accordance with the ACHD Policy Manual, ISP'WC Standards and approved supplements, Construction. Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to .District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-015 PAGE 39 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Annexation 5awt doth Land 5urveyrng, LLC (200) 3135-6 I L?A; (206p 395 6 1 t75 a.. 2030 �-. „': �.frisYi�.Gw t ."ti,t':.. ER1r1eLt, ID 559 ; f July 28, 2015 Annexation Legal A pard of land located in thle SW114 of the NW1I4 of Section 4, T. 3 N., R. 1 E., B.M.. City of Meridian; Ada County, Idaho, more particularly described as follows; 00110 ENCING at a found brass cap marring the northwest corner of Section 4; Thence South 0"35'47" West, coincident with the west line of the NW7/4 of said Section 4, a distance of 1517.50 feet to the POINTOF BEGINNING; Thence South 89019'30" East, 185.00 feet; Thence South 0113547„ West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 8901930" West, 185,00 feet to said .vest Fine of the NW114 of Section 4, a distance 185.00 feet; Thence North 0135'47" East, coincident with said west line of the NW114 of Section 4, a distance of 90.00 feet to the POINT OF BEGINNING. The above described parcel contains 01.38 acres more or less. End Description :J15k15W5-0MG-VILLAGE COM.PLEXC DrawIngs0pscriptkonsAi5D65-ANl LEGAL.docx Village Aparhnents MDA -15-01 l; AL -15-1112; CUP -15-019 PACE 40 B EXHIBIT A �e N s& - - POB ' ,589'19'30'E 185.00' ui a ill'} C3 9i C3 4 zJ A`l�n I_. N 89'19'30"W 185,01, — 6 W 114 FND BRASS CAF' pparFrIr: 2700 N, EAGLE ROAD 'VILL ACF COMPLEX APN 511O4233642 ANNEXATION MAP 4 E. RIVER VALLEY ST. NTS ovow9tvEmomotl 2030S.WASHING TON AVE. DWG# DART L. BRYSON EMUE-77, 7 , !D 83617 � 15005 P: 20$ 3R5-6104 FRWECr# F: 208) 398-8105 15065 SHEET ianr a 9�2f►15 WWW.SAWTOOTHLS.COM 1 of 1 Village Apartments MDA -15-01 l; AL -15-012; C'UP-15-010 PACE 41 EXHIBIT A D. Required Findings from Unified Development Code 1. ANNEXATION: Upon recommendation from the Commission, the Council :shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation andJor rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed annexation of 0.38 of acre of land with a C -G zoning district is consistent with the MU -R future land use designation for this site. b. The snap amendment complies with the regulations outlined far the proposed district, specifically the purpose statement; The City Council finds that the proposed C -G zoning district and proposed retail/commercial use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the Cita including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with C -G zoning district is in the best interest of the City as the property will be able to develop with retaillcornmercial uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2, CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use pen -nit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C -G zoning district and the specific use standards for multi -family developments. Village Apartments MDA -15-01 l; AZ -15-012; CUP -15-019 PAGE 42. EXHIBIT A b. That the proposed use will he harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the C -G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic wager and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional Capital facility casts are expected from the City, The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development, however, whenever undeveloped property is developed, the amount of traffic generation does increase. The ACHD report states that traffic on Eagle Road and River Valley Street generated from the proposed development will function at an acceptable level of service for arterial and collector streets. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Village Apartments MDA -15-01 I; AZ -15-412; CLIP -l5-0119 PAGE 28 EXHIBIT ,$ Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 32133 i E. UST(CK ROAD T. 4 N. 5 14 T. 3 N. O 1` 0 W Q� W i s O V, t— t A 1 I r—POB i r 589°1930"E 185..00' w � o 0.38Ac.*NL LA O E,N � N89°19'30" W (85.0(1' ` 14 c„� f w mti a co � 5 4 ! E. RIVER VALLEY ST. FND BRASS CAP »'rs PROJECT. OWNEROE-VELOPER: 2030 S. WASHINGTON AVE. I owG# 2?00 N, EAGLE— ROAD. BART L. BRYSON �.. EMMETT, (D 83$17 15065 pRCJecna VILLAGr- C:ONiPt_EY, P. (208)398-8904 APN S110423364-2 i (�� r� F: (206) 398-8105 15005 -ANNEXATION MAP VWM.SAINT00TNLS.00M 1oF� Village Apartments MDA -15-011; AZ -15-012; CUP -15-019 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. /-1— /76 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the SW 1/4 of the NW t/4 of Section 4, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 0.38 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Proadway Avenue, Meridian, Idaho. This ordinance come effective on the rday of 201_1 40 AUGrjsr w City of .— ion►+o Ci of M i 'an Mayor and ty Council °r SEAT- By: C.Jay Coles, City Clerk'°r First Reading: �!r/ �)0/—/ Adopted after first rea ing by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.% . & The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. /7—/ 0 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 0 day of .�C_-C. 52017. William. L.M. Nary City Attorney ORDINANCE SUMMARY — VILLAGE APARTMENTS (AZ 15-012)