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Brickyard Subdivision CUP, MDA PP H-2017-0107ADA COUNTY RECORDER Christopher D. Rich 2017-102589 BOISE IDAHO Pgs=61 NIKOLA OLSON 10/26/2017 04:36 PM CITY OF MERIDIAN, IDAHO NO FEE THIRD ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Blue Marlin investments, LLC, Owner 3. FIG Village at Centre Point LLC, Developer (of that portion of the development described in Exhibit "A") THIS THIRD ADDENDUM TO DEVELOPMENT AGREEMENT is dated thls;aq -day October, 2017, ("THIRD ADDENDUM" ), by and between City of Meridian, 'a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Blue Marlin Investments, LLC, an. Idaho limited liability company whose address is 1940 Bonito Way, Suite #160, Meridian, Idaho 83642, hereinafter called OWNER and nG Village at Centre Point LLC whose address is 4685 South Highland Drive #202, Salt Lake City, UT 84117, hereinafter called DEVELOPER. RECITALS' A. , City and OWNER and/or DEVELOPER entered into that certain Dcvclopment Agreement that was recorded on December 8, 2006 in the real property records of Ada County as Instrument No. 106191305 ("DEVELOPMENT" AGREEMENT"). A First Addendum to Development was recorded on January 9, 2014 as Instrument No. 114002255 and a Second Addendum to 'Development as Instrument: No. 2016-079095 that was recorded August 25, 2016. B. City and OWNER and/or DEVELOPER now desire to a rend the Development Agreement (Instrument no. 106191305) and the First Addendum to Development. Agreement (Instrument No. 11400225) and the Second Addendum to Development Agreement (2016-078005) as it pertains to die property listed in Exhibit "A", which terms have been approved by the Meridian City Council in accordance with Idaho Cade Section 67-6511. C. The Findings of Fact and Conclusions of Law and Decision and Order ("Findings") approved by the Meridian City Council on October 10, 2017, are 'hereby incorporated into this Agreement and attached as Exhibit "B". NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties Agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the original Development Agreement and the First Addendum to Development Agreement and the Sccond Addendum to Development Agreement as they pertain to the property listed in Exhibit "A", except as specifically amended as follows: 9: USES PERAfITTLD BY THIS AGREE AfENT Brick -yard Subdivision — MDA H-2017-0107 Page l 4.1.a All future development shall comply with the design standards listed in 'UDC 11-3,4- 19 1-3A19 and the Architectural Standards Manual as applicable ,per UDC 11 -5B -8B. 4.1.b Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with M1-06-008; (excluding the Kohl's parcel, #50532449210) and including the Conceptual Development Plan and Conceptual Building Elevations submitted with H-2017-0107 and attached to the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". All lots with; frontage on Eagle Road, and all lots that border the western and northern property boundaries shall contain freestanding buildings except for the multi fancily buildings. If a future proposed building is not generally consistent with the A -faster Site Plan or conceptual development plan for the northwest corner of the site (as applicable), then the development agreement shall be modified accordingly. 4,1.c The following uses shall not be allowed on any lot a4lacent to the western or northern property boundary (shown on the Master Site Plan (pads 9-18, 21-24 and the Family Center) that borders a residential district, including the County RUT district; Outdoor arts, entertainment or recreation facility • Ouidoor stage; music venue, arts, entertainment' or recreation facility • Cemetery Church or place of religious worship • Fuel sales facility, truck stop . Hotel and motel • Industry, information • Industry, light • Mortuari, • Nursery or urban farm Recreational vehicle park • Temporary. use >>ehiclesales or rental and service o Vehicle washing facility,, unless as an accessory use on Lot 8, Block l Centrepointe Subdiviston) 0 Wireless communication facility and/or tower Wireless communication facility, amateur eadto antenna 4.1.x1 That all f acre buildings on the subject property will be required to submit it Certificate of Zoning Compliance (CZC) application prior to construction. And all future buildings adjacent to Eagle Road and Ustick Road will be required to obtain Design Review approval prior to construction. 5 CONDITIONS GOVERNING DEVELOPMENT OF SUI3 fECT PROPERTI'; Owner/Developer shall develop The Property in accordance with 1he following special conditions. - 5,1.a All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and any Addendums Brickyard' Subdivision MDAH-2017-0107Paget and the 00,'s Unified Development Code 5.1.6 The Developer shall provide a public or private road located as generally shown on. the concept plan attached to the Staff Report which is an exhibit to the Findings of .Fact and Conclusions of Law attached hereto as Exhibit "B ". 5.1.c Pedestrian walk -ways shall be constructed in similar locations to that shown on the conceptual development plan which is an exhibit to the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" three connections to the easterly boundary and one (1) at the westerly boundary to the existing pathway stub in Champion Park Subdivision are required.` 5.1.d Exclusive of anypubltc street or driveway stub, a 10 foot wide street landscape buffer designed in accordance` with VDC 11-38-7 shall be constructed adjacent to Jasmine Lane along the entire northern boundary of the subject property described in Exhibit "A ". In addition to the landscape buffer, trash compactors or loading docks shall be prohibited along the north side of any future buildings_ located along the northern boundary of the subject property. 5.1.e Buildings located in this area of the modification (Exhibit "A") shall contain architectural elements and enhancements consistent with Standards to the Architectural Standards Manual. 5.1,f Buildings identified on the Master Site Planas Retail shall have architectural elements matching those listed in the Staff Report which is an exhibit to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and shall be consistent with the Standards in the Architectural Standards Manual, 5.1.g Future buildings along the western and northern property boundaries (abutting Champion Park Subdivision or Jasmine Lane) shall, in the case of commercial development, not exceed 35 feet in height, and in the case of multi family development, not exceed 40 feet in height. Multi, family units shall be restricted to 2 -stories in height: along` the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer, 5. A Developer agrees to- grant a permanent easement to Cit}1 for the construction and maintenance by Ciry of a"low-profile "Welcome to Meridian" monument sign fronting Eagle Road at a location selected by Developer within the northerly 380 feet of the Property frontage, based on sign design criteria mutually acceptable to City and Developer. The Developer has also agreed to enter into discissions with the City an,a potential cost -share arrangement for the entryway sign after the City has established the cost and appearance of the sign. 5.1:1 The CC&R's for the development shall restrict the use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its residents. 5,JJ Four foot tall bollard lighting`is required along all iniernal.pathways within the multi- family portion of the development. Brickyard Subdivision w MDA H-2017-0107 Pepe 3 5.11 Include traffic calming textures on internal driveways within the- development as proposed to slow traffic. 5.1.1 Provide a crosswalk if allowed by ACHD across Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and communis)) center is located. 5. Lm Business hours of operation for commercial uses that abut a residential use or zoning district are restricted from 6:00 am to 11.00 pm unless extended hours are requested and approved through a conditional use permit in accord with UDC H -2B -3A.4, 5.1:n Design of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Exhibit A.8 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B", S.Lo Residential buildings along the west boundary of the multi=family development adjacent to Champion Park Subdivision shall be restricted to 2 -stories in height as proposed by the applicant in Exhibit A.8 of the Staff Report that is attached to the Findings of Fact and Conclusions of ;Law attached hereto as Exhibit "B " to preserve view corridors for the adjacent residents in Champion Park Subdivision. 2. OWNER: and/or DEVELOPER agree to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement, the First Addendum, Second Addendum and this Third Addendum and the Project Site shall be subject to de -annexation if the OWNER andlor DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Third Addendum as herein provided; and the Ordinances of .the City of Meridian that are consistent with the terms of the Development Agreement, First Addendum, Second Addendum and this Third Addendum. 3. If any provision of this Third Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Third Addendum and the invalidity thereof shall not affect any of other provisions contained herein. 4. This Third Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER and/or DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oralor written, express or implied, between OWNER and/or DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Third shall be binding upon the parties hereto unless reduced in writing. and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duty adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. Brickyard Subdivision - MDA H-2017-0107 Page 4 6. This Third Addendum shall be effective as of the date herein above written. 7. Except as amended by this Third Addendum, all terms of the Development Agreement, the First Addendum and Second Addendum shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF the parties have herein executed this agreement and made it effective as hereinabove provided: OWNER; Blue Marlin Inve: tments, LLC By. teff W. Moore, Manager STATE- OF IDAHO, } ): ss County of Ada )' Can this Or day of: 0 Ch be , 2017,.before me, the undersigned, a Notary Public in and for said State, personally appeared Jeff W. Moore, known or'identified to me to be the Manager of Blue Marlin Investments,_ LLC and acknowledged to the that he executed the same with authority on behalf of said corporation.. 1N WITNESSWHEREOF, I have hereunto set my hand and 'affixed my official seal the day and year in this certi[icate first;above written. t (SEAL) Brickyard Subdivision — MDA H-2017.0107 page 5 ); ss County of Salt Luke ), On this L�,dny"of (l.r» 2017, before fne, the undersigned, a Ndtnry_T'ublic iit and,for sgid $tate, personally appeared James Dooltu, known.orldwifled to, ata to be the Manages of KO `Viltage At Ceutre .F'otnt LW paid acktaowledged to na ,'that he e�cecuteit file st+nie with iitiihority on behalf of said cOrporacion W WnlgtSS WI-lEpEOl+, I t►ave liereuntp.set ntyhand and affted:official seui the day and year in this certificate fustnbavo written. 110 VV4 44 sk pyo CITY OF I R�Dr't��iV rlyG P4; IPA+ Nbtaxy.Publia forba 5,�.i�n Resldttig Al; 1Yiycoaxtruisslo,tL7xp'.es: '_ ,� ` � STATE OF IDAHO ) �. Goontyof4da On bats day of 4 2Q17, before me, a 'Notary .Public, personally appearedafitrta}y-cie-ad and Cray Coles, know or identiiidd to me to be the Ivizry�r and CIetk respectively, of the City: of Me, ddinn, wlio exepUtcd the instmmegt ofbelwtf of said G ty, and aclatowle 900=116i . such City exeouted1he sAme. have hereunto set my hand and nfiixed;my pflicial seal the:dayaud Notaryritbliefor o Coinrnis'don exp(re5:„�� Page 6 Exhibit A "ri"'-0 ENGINEERS CONSUL ING ENGINEERS, SURVEYORS AND PLANNERS 332 N. 8ROADMORE WAY SUITC 101 NAMPA, IDAI•IO 83687 208.442-6300. FAX 208.466.8944 Project: 170005 bate: July 10, 2017 Page: 1 of 2 .BOUNDARY DESCRIPTION EAST SIDE A parcel of land being a portion of Block 2 of Centrepointe Subdivision No.2 as recorded in the official records of Ada County in Plat Book 110 at Pages 1.5889 through 15892 and situated in NEI/4 of the SEI/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada, County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument marking the southeast corner of said Section 32, thence along the east line of said Section 32 N00030'13" E a distance of 1377.65 feet to a point, from which a brass cap monument marking the northeast coiner of the SE1/4 of said Section 32 (E1/4 corner) bears N00030'13 "E, a distance of 1276.43 feet, thence leaving said east line N89029147" 'W a distance of 25.00 feet to a 5/8 inch rebar marking the southeast corner of said Centrepointe Subdivision No. 2, thence along the south line of said Centrepointe Subdivision No. 2 S89°59'41 "W a distance of 379.90 feet to a 518 inch rebar mat -king the POINT OF BF!,GINNING: 1) Thence continuing along said south line S89159'41 "W a distance of 671.16 feet to a 518 inch rebar marking the intersection of said south line and the east right-of-way line of N. Centrepoint Way; 2) Thence leaving said south lisle and along the line common to the east right of -way line and west line of said Block 2 the following five courses N00°13'14"E a distance of 175,22 feet to a 518 inch rebar; 3) Thence along the arc of curve to the right having a radius of 200,00 feet, a central angle of 21150'35", an arc length of 76.25 feet, a chord bearing N 11008'3 VE a distance of 75.79feet to a brass plug in concrete; 4) Thence N22'03'48 "E a distance of 248,04 feet to a brass plug in concrete; 5) Thence along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 22°02'53", an arc length of 96.20 feet, a chord bearing N11 °02'22"E a distance of 95.61 feet to a 5/8 inch rebar, 6) Thence N00°00'55"E a distance of 42.29 feet to a 5/8 inch rebar marking the intersection of said common line, the north line of said Block 2 and the south line of Jasmine Acres Subdivision as recorded in the official records of Ada County, Idaho in Plat Book 59 at Pages 5829 and 5830; MERIDIAN • COEUR d'ALENE ,o NAMPA • SPOKANE e BOISE L:\170005\50_8urvey\Word Documents\DQscripdons\ 170005 -Boundary )vast Side Description 07-10-2017.4ocx Projeoiy 1,70005. Date: July. 10,.201.7 Page: 2 Df2 7.) Thence 1paving;said: comYnon ixie.and al'ong`theJuie'com.'mon tc said'north liue'ax�it soWh'llnv S89°4b!4'7" L. a disfance.of 590.27 Eget to o,�/8 inols-,rebar;• 8) Tlience IQAving $aid rwmmo rine S00Qr0 t33'•'E a distekneq of774.3..5,feet%f o a. 5/g inch eebat 9Y Thence $44.05,9141*1W a distance of -64.90 -feet twa 51,8: inch robar, 4) Thengo S4Q°Q'0'28W a.•distannce,of 391'00 feet to the, f -.OI riT OF BEOMNNG, *Said.pamel coiitailiing.g.§0 -acres, or 390,243".square. feet moxo,.ox: fess and is-sabject-to all existlild easeitentg-anon/ter � 9hts-of way .of record op impiied. 10R1EON r COELP d'ALENP, -I NA PA,+ SP.OkAI1tE + BOI$E I:11 OQOS�Stf SurveylWOrdDocume�A\DescrjOtIOAlSide.Dcscilption,b7-10-2(f.t'7 qqx Q in � M Q z cc L2 h w M �+ 4 p z w i' co N N a z m L7' O U 2 Q r of cc LL z W¢ w v U ° w tm p -a z w U Wd N 2��( 0 Oz<px0Z W w z Z 0 < o a x o 0 0 0 ¢o o m0 w z ei m u: Uz a 0 m IS W " z (L � w is � m co m� Q a v IBM Z o © q m bum z O w o W U LL I ud° ©U. LU M U z o �. w< � ti LLi UJ p ofes., U -j z a o� Z ui0 O Zr o 0 L M s"�- r Nt 0) V M U) 0 w N V -. __ CO - -� M y O M M z ' LO O O e N to >.LUm N W m - E0 00) c6CO 0 m L11 � N LL ( : O C� C] U) M . Q Ur Q j lot? N O LLC5 Cf) z O Y U r < 0 Z r 0 w o O U U CL W w Zz Q Z N7 N Z z LLJ ad ¢ ;r, r> c» z M �n OOD mU H w �Qn o o IN N (D ^N N Z6 c6 LLJ F, rn YOR t�yM o0 C14 o d N Q D N N z N Q© ©� M w N ss��'0�ld ��• o z T-0 ENGINEERS CONSU47I 32 NENGINEERS, OApMO EWAY SUITE 101 NAMPA, N. NAMPA, IDAHO 83687 ,t `•lI/ SFO � 208.40-6300 r FAX 208.466.0944 "�• 11120 Project: 170005 ;�tjci -!z- i7 a Date: July 10, 2017T.�r 1OP� Page: 1 of 2 /N N soBOUNDARY DESCRIPTION WESTSIDE A parcel of land being a portion of Block 1 of Centrepointe Subdivision No.2 as recorded in the official records of Ada County in Plat Book 110 at Pages 158.89 through 15892 and situated in N1/2 of the SEI/4 of Section 32, Township 4 North, Range 1 Bast, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument_ marking the southeast corner of said Seetion.32, thence along the east line of said Section 32 N00°30'13" B a distance of 1377.65 feet to a point, from which a brass cap monument marking the northeast corner of the SE1/4 of said Section 32 (E1/4 corner) bears N00130'13" B a distance of 1276,43 feet, thence leaving said east line N89°29'47"W a distance of 25.00 feet to a 5/8 inch rebar marking the southeast corner of said Centrepointe Subdivision No. 2, thence along the south line of said Centrepointe Subdivision No. 2, S89°59'41' V a distance of 1101,01feet to a brass plug in concrete marking the southeast corner of said Block I and marking the POINT OF BEGINNING: 1) Thence continuing along said south line S89°59'41"W a distance of 202.28 feet to a 5/8 inch rebar marking the southwest corner of said Block 1 and on the east line of Champion Park Subdivision No, 5 as recorded in the official records of Ada County, Idaho in Plat Book 96 at Page 11889 and 11890;. 2) Thence leaving said south Iine and along the line common to said Centrepointe Subdivision No. 2 and Champion Park Subdivision No. 5, N00127'52" B a distance of 113.42 feet to a 5/8 inch rebar; 3) Thence continuing along said common line N28°01'33" W a distance of 135.29 feet to a point; 4) Thence leaving said common line and along the line common to said Centrepointe Subdivision No. 2 and Champion Park Subdivision No. 3 as recorded in the official records of Ada County, Idaho .in Plat Book 93 at Pages 1114 through .11153 the following four courses N28°01'33"W a distance of 103.23 feet to a 5/8 inch rebar; 5) Thence N25°18'lTV a distance of 25.02 feet to a 518 inch rebar; 6) Thence N44048'39"W a distance of 99.27 feet to a 5/8 inch rebar; 7) Thence N31°39'52"W a distance of 201.38 feet to a 5/8 inch rebar; MERIDIAN e COEUR d'ALEN!~ n NAMPA • SPOKANE + BOISE L:\i 70005\50_Survey\Word Documents\Descriptions\ 170005 -Boundary West Side Description 0710-2017.doex Project: 170005 Date: July 10, 2017 Page: 2 of 2 8) Thence N47°36'25"W a distance of 44,38 feet to a 5/8 inch rebar marking the northwest corner of said Block 1 and being; the intersection of said conllnoir line, the north line of said Block 1 and the south line of.lasmine Acres Subdivision as recorded in the official records of Ada County, Idaho in Plat Book 59 at Pages 5829 and 5830; 9) Thence leaving said common line and along 'the line common to said Block land said south line S89°46'47"B a distance of 659.39 feet to a 5/8 inch rebar making the intersection of said common line, the west right-of-way line of N. Centrepoint Way and being; the northeast corner of said Block 1; 10) Thence leaving said common line and along the line common to said west right of way line and the east line of said Block 1 the following five courses, S00°00'55"W a distance of 42.47 feet to a 5/8 inch rebar; 11) Thence along the are of a curve to the right having a radius of 200.00 feet, a central angle of 22'02'53 ", an are length of 76.96 feet, a chord bearing S l 1'02'22"W a distance of 76.49 feet to a brass plug in concrete; 12) Thence S22°03'48 "W a distance of 248.04 feet to a brass plug in concrete; 13) Thence along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 21'50'35", an arc length of 95.31 feet, a chord bearing S1 1'08'31 "W a distance of 94.73 feet to a 5/8 inch rebar; 14) Thence S00°13'14"W a distance of 175.42 feet to the POINT OF BEGINNING. Said parcel containing 5.31 acres, or 231,429 square feet more or less and is subject to all existing easements acid/or rights-of-way of record; or implied. MERIDIAN • COEUR d'AL8NE • NAMPA • SPOKANE • BOISE L:1170005\50_Survey\Word Documents\Descriptions\ 170005 -Boundary West Side Desoription 07-10-2017.doex zPROF n o w N !� Ul CJc1 Z �y<n r N w N '0 N G CJ Z z O W Z` 0 coCA " W W N W 00 50 N 801.'�� cri � 02 CO N O N CO o W W Cn • N W o N � •' � cn W ° ° V U) C n -0 1 m �y Ch ° to cWD 0z7 Al �'�Y A°ANT cl � z 0 � m �'m� o W a � �,�� z �� �; o m O x `-i I a •� w cn � N c m CA —j oo N A fi O Cl) N 0 � OOmT- O w o m �y 0 117 N t0 Dcny� p(n oU) o = wz z�1 0 0 cn o� 00 O 0 z 0 -49 b � m O • -��- O D N N �rej 02 02W W N m m -a Z C, D a" Co ® b z o -Ti -n „ -n z m to m Z oQM aD>00.a0 as pry ca F 0j Y/ A d to z z F g ILI m r 22 D� [ll "Y��' a z p w y' n z m m o '< ()p z ; li ro o ? OO K z m N � � 0 0 C7 Q O � m co rn z N N 0 � W Ui A �1 r � � co N lv Z o W � � 0 EXHIBIT B CITY OV MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW �z WE I vL-)'*'l A N; AND DECISION & ORDER I LI -000) In the Matter of the Request for a Modification to the Development Agreement to Accommodate the Proposed DevelopmentPlan; Conditional Use .Perrot for a Multi -Family Development Consisting of 215 Dwelling Units on 13.06 Acres of Land in the C -C Zoning District; and Preliminary Plat for 61 Building Lots and 4 Common Lots on 14.27 Acres of Land in the C -G Zoning District for Brickyard Subdivision, by John Carpenter. Case No(s), 14-2017-0107 For the City Council Hearing Date., of: October 3, 2017 (Findings on October 10, 2017) A. Findings of Fact l.. 14caring Facts (see attached Staff Report for the hearing date of October 3, 2017, it by referenc(i) 2, Process Facts (see attached Staff Report for the hearing (late of October 3, 201.7, incorporated by reference.) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report f or the hearing date of October 3, 2017, incorporated by referenco) B. Conclusions of Lacy 1. The City of Meridian shall exercise the powers conferred uponit by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1,C. §67-6503). 2, The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and alt current zoning maps thereof. The City of Meridian has, by .ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 1.1 -784 and Maps, 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I t -5A, 4, Due consideration has been given to the coiyunent(s) received from the governmental subdivisions providing services in the City olMcridlan planning jurisdiction. 5, It is round public facilities and services required by the proposed development will not impose expense upon the public if the attaclied 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 Cleric and then a copy served by tile Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OwElz FILE NO(S), f1-2011-0107 - I - 7, That this approwd is subj cot to the Conditions of Approval all in the attached Staff Report for the hearing date of October 3, 2017, incorporated by ref6rence. The condition.-, 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 authorityas provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of fact which are herein Adopted, it is hereby ordered that: 1. The applicant's requestfor a modification to the developinent agreement, conditional use permit and. preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 3, 2017, attached as Exhibit A, D. Notice of Applicable Time Limits *.Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, And confOrms.substantially to the approved preliminary plat, such segjncnts, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission for preliminary plat Approval (UDC I 1-6B-713), Upon writteil request and filed by the applicant prior to the termination of the period in accord with I t -6B-7.A,, the Director may authorire a single extension of time to obtain the City Engineer's signature on the -final plat not to exceed two (2) years., Additional tirne extensions tip, to two (2) years As determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11, If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6134C). Notice of 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 foill i 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 permits that also require platting, the final plat inust 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 1'1-513-6.G.1, the Director rnay authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDEIZ FILE NO(S), 1-1-2017-0107 .2- 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 cotiditional use coniply with the current provisions of Meridian City Code Title I I (UD(' I 1 -SB -6F): Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 [A. The development agreement maybe initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption offindings for such request. A development agreement may be modified by file city or an affected party of the development agreement. Decision on tile developmentagreernent modification is made by the city council in accord with this chapter, When approved, said development agreement sliall be signed by the property owner(s) andreturned to the city within six ((i) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signaftire of the agreement by all parties and/or maybe requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to theend of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that ll'ursuant to IdAo Code 67-9003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and most be filed with the City Clerk not more than twelity-eight (28) days after the final decision. concerning the matter at issue. A request for a regulatory takings analysis will tall the tirne period within which a Petition.for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board n-iay within twerity-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 October .3, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OIIDEIZ FILE NO(S), U-2017-0107 � 3 - A By action of the City Council fitit$ regular meeting hold on the je2 day of 2011� COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER, TY PALMER COUNCIL MEMBER LUKE CAVI NER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY do WEERD (TIE BREAKER) Mayor Attest: OF" 0 zi Cifyor -4 Ckay Cole SEAL City Clerk C.4t� eerd 1� VOTED VOTED Ye4 VQTED--& \Y VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Atforney, By: COWL rlut- Dated-.-- . ....._j City Clerk's Office CITY OF fAFRIMANFINDINGS 01, FACT', CONCLUSIONS OF LAW AND DECISION& ORDER FILE NO(S). 11-2017-0107 4- EXHIBIT A S'T'AFF REPORT C+(El 1 C-1>✓AR NO DA'T'E: October 3, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208.884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 S(JBJ;1 CT: Brickyard Subdivision CUP, PP MDA (H-20.17-0107) 1. SUMNIARY CiESCtt><l'"C'lON OF APPLICANT'S REQUEST The applicant; John C_'arp. nter, l]as submitted lin application 6w rnodification to the existing development }fir , ment (NIDA) to accommodate the proposed do clopinant plan; conditional use permit (CUP) foo, a multi -family development consisting of 215 dwelling units on 13,06 steres of land in the: C -EJ zoning district; and preliminary plat,(PP) consisting of 61 building lots and 4 common lots on 14.27 acres of land in the, C -G zoning district. It. SUMI'1•'INRY RCCONIMENI DAVON Staff reconin ends approval of the proposed MDA, CUP and PP applications based on the Findings of Fact and Conclusions of haw in Exhibit C of this report, The hIl)rl does ttvt require e cteairan(ivraz 11ze 1?lctrrrtitak r Zoning Conin ission, only City Council it. b. c. d. Summary of Commission public Hearint►. L to favor- oiiathan'Seel, James Doolin H. In opposition: None iii. Commenting: Irene Shrier iv, Written testimony: James Doolin A licant'sRe resentative �, r. Staff presenting application: SonyaAllen vi. Other staff commentina on application: None Key issues of Public Testimony:' L Concern reaardine traffic inmact on Usticic & Eaule Roads: desire for traftie;cahninu for the driyeNva;tr alone the west boundary of the site, and effect of proposed development on property (see condition #1.2.2e). ii, At the request of the apl;ikant,`the splash )tact, plastic contour benches and public art should final plans (see modification to condition #1.2.4 and Exhibit A.M. Brickyard Sub CUP,, PP; MDA (H-2017-0107) PAG, E 7 EXHIBIT A ifiJitclude a condition that re(mires speed bunips to be constructed within the drivewn west -vromrtLhouhdajLv for traffic calming.fsee condition #1.2.14 in Exhibit B). iwAllodify condition #142.4 in Exhibit B to allow the swimininj pool, clubhouse, slielter % c. uptstanaing issue(s) for uuy iuounc.q: The Applicants regu6ts Council approval of a waiver to U At L V. IL III. PROPOSEDMOTION Approval After considering all staff, applicant and,public testimony, I move to approve File Nuniber H-2017-0107, as presented in the staff report for the hearing date of October 3, 2017,,vvith the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and ptiblic testimony,, I move to deny File Numb( --r H-2017-0107, as presented during the hearing on October. 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I -move to continue File Number 1-1-20.17-01.07 to the he date of (insert continued hearing date here) for the following reason(s). (You shqu]4 State Specific MISOB(S).for C011tillLiance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately 113 of a mile north orE. 'Ustick Road and vest of N. Eagle Road at 3611 N. Centrepoint Way, in the SE 4/4 of Section 32, ToArriship 4'North, Range I Eastt, Brickyard Sub -- CUP, PP, MDA. (H-20170107) PAGE 2 EXHIBIT A & Applicant: John Carpenter, T-0 Engineers 332 N. Broadiliore Way, Ste. 101 Nampa, ID 83687 C, Owner: Jeff W, Moore PO Box 82o4 Boise., ID D. Representative: Same as Applicant E. Applicant's StatementIJUstification: Please see applicant's narrative .for this information. V. PROCESS FACTS A, The subject application is for a conditional use permit, preliminary plat and a development agreement modification, A public hearing is rNuired before the Planning&, Zoning Commission and City Council on the preliminary plat and conditional use permit; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 18, 2017 (Commission); September 15, 2017 (City Council) C. Radius notices mailed to properties within 300feet on: August 10, 2017 (Commission); S� gr -& 2-0.1 T(C-11Y.-Counci 1) D. Applicant posted notice oil site(s) on: August 25, 2017 (Commission); September 22, 2017 (City CO!LnqLl�) V.I. LAND USE A. Existing Land Use(s)., The site consists of 12 lots (Lots 9-11, Block I and Lots 16, 19-26, Block 2) in Centrepoint Subdivision No, 2, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential properties, zoned RUT in Ada County South: Conlinercial properties, zoned C -G East: Vacant/undeveloped property and atl office; zoned RUT in Ada County West: Single-family residential properties, zoned R-8 C. History of Previous Actions: This property was annexed (A7-03-025, Blue Nfiarlin) in 2003 and zoned C-0; a development agreement was required as a provision of annexation, recorded as *Instrument No, 105048793. A modification to the development agreement (MI -05-017, Nesmith Annexation) was approved in 2005, recorded as Instrument No. 106060856, to add 1.5 acres of property to the provisions of the develo,l)ment,igree-t,neiit,,itid reduce the landscape buffer along the west. property boundary adjacent to the residential uses in Champion Park Subdivision to 10 feet, A preliminary plat (PP -06-063) for CentrePoint North Subdivision was approved in 2007 Brickyard Sub -- CUP, VP, MDA (H-2017-01 07) PAGE 3 EXHIBIT A A final plat (FP -07-011) for Pha8e.2 of the development which includes the subject prof?erty wets approved in 2007 and recorded in 2016 (book 1 10; Page 158.89). Anew development agreement (Blue Marlin, MI -06-008) was approved in 2006, recorded as Instrument No. 106191305, which replaced the two earlier agreements (4105048793and #1 This agreement removed the requirement fora conditional use permit/planned development to be submitted and included a conceptual development plan for the site. The Koh7'sparcel (#,50532449210) ii,as aveludecifrow this crgreeinent (trot is still suGjeet to the two tjvrementloned cigreernents. A modification to the development agreement (tust. #1106191305) (MDA -I2-007) was approved. in 2012, recorded as Instrument No. 114002255, which amended the conceptual development plan and associated provisions ofthe t groement to allow the development of multi-hmily residential uses within CentrePoint Subdivision which was previously prohibited, "comtitercial/tnulti-family" was depicted on the concept plan as future uses for the subject property. A modification to the development agreement (Inst. #11061:91305 & 114002255) was approved in 2016 to allow the development of a self-service storage facility with outdoor storage oil the portion of this site that lies west of N. CentrePoi ttWay'(bI-2016-0057, InstrtunentNo. 2016-07!3095). A conditional use permit (k1-2016-0069) was also approved for a self service storage (CentrePoint Storage) facility on that site, A property boundary adjustment (A-2017-0133) for CentrePoint Subdivision No. 2 was tentatively approved on August 15, 2017 which adjusted the, property lines between Lots 16 and 17, 18 and 19, and 18 and 26, Block 2. Final approval is required to be obtained within one year of the date of tentative approval, C. Utilities: 1. Location of sewer: 'The city currently owns and maintains sewer mains directly adiacent to the proposed development in N. Centerpointe Way. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development in N. Centerpointe Way. 3. Issues or concerns: The upplicant-shall be responsible for the` installation of additional water and sewer inains and services to the project'. D. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Ho arils: 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. VII. COMPREHENSIVE PIAN This property is designated Mixed Use --- Regional on the Comprehensive Plan Future Land' Use Map. The purpose of this designation is to provide tt mix of employment, retail, and. residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of mases together, including residential, and to avoid predominately 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 Nvith the appropriate supporting uses, Mixed use developments are encouraged to be designed according to the conceptual MU -R plan depicted on page 30 of the Comprehensive Plan as shown below. (brickyard Sub -- CUA, PP, MDA (N-21)17-0107) PAG, : 4 EXRIBIT A The applicant proposes to developnient MUlti-farnily 4-plexes on the site containing a total of 215 dwelling units in townhorne configurations; and 32 vertically integrated residential units with a total of 7,300 square feet of cornmercial space on the ground floor in two (2) 3 -story buildings, The rnulti-family portion of the development requires conditional use permit approval in the C -G zoning, district, the vertically integrated residential use does, not, Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Provide for awide diversity of housing types (single-family, modular, mobile homes and multi- family 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) Theproposed development will contribute, to the variwy oj'hoiising tvpes available within this part qf the City and wifl q/ ,J�,r rental opfionslbr 3 bedroont unils. "Support A variety of residential categories (low-, -triedium-, mediurn-high and high. -density single- -family, multi4amily, townliouseg, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable hausixig oppottunitics,�' (3.07 1 ME) The proposed 3 hedroom units will contribute to the variety qfresidenaal housing options ivithin the Qj,; sufff is unaware how "qgbrdable " the units ivill he. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets," (2,01.0413) Ltindscaping is proposed within phis site m shown on the ,lanter islan& in the parking art(is 6n t landscapeplan attached in Exhibit A,6: "Provide housing options close to, employment and shopping centers."? (3.07.029D) This site is located in close proviinity to the stores in CentreIloint Subdivision, The Village and Crosxrowlv as well as mqjor emiployinent areas to the south (i.e. Blue Cross. Scent�yi PKQ St. Luke s hospital and medical offices, etc), The proposed houshiq development ivill provided much needed density in this area and housing options, for einplo�yees in close proyhni�y to their lvork place. "Require open space areas within all development," (6.01,01N) The proposed development is required to con;plv with the minimum common open space design standards listed in 11-4-3-27Cfir tnalt!-famt*ly developments. Brickyard Sub -- CUP, PP, MDA (H-2017-0107) 1AGE 5 EXHIBIT A "Permit new development only where urban services can be rea.qonably provided at the time of final approval and development is contiguous to the City." (3.01.01 I=) City xeiver and water services, are availah/e to N, aviended to the S111yeet properly ivith devetoj)lnent oj'ihe site. "Restrict private curb cuts. and, access points on collectors and arterial streets," (3,06,02D) The proposed site plan depicts 3 accesses on each side ol*N,' Centrelohit TPajv, a collector street, Because the UDC (II -3A-3) litnits access points to collector streets unless other ivise it,aiyed 4y City Coum.41. Counctl tzppru va/ of the proposed accesses is reeptired, "Locate high-density development, where possible, -near open space corridors or other permanent *major open space and park facilities, Old Town, and near major access thoroughfares." (3.07,02, pg. 55) The proposed development is located near major access thorottg-UKires (SH 5.5/7v. Eagle Rd.1R. Fah,NeivAve) and viithin a mile q� Kleiner Park- (a 60 -acre Ci(vpar1c). "Protect existing residential properties from incompatible land use development on adjacent pareels."(3,06,01 F) Suij ,Jfieels the prol)osed 4-1*x demlopment .should .bea comj)afible use acUacent to single-jandly residential uses to the awest and rural resi(kntial uses to the north as they are all residential in nature. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) A pathway stub currently exists tit the west boundary qf "the siteftoni Chantl3ion -Rark Subdivision, I u4tich will link the existing and proposed developments together. In accord with the above policies and for the above -stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A, Purpose Statement of Zone: Per UDC I1 -2B-1, the purpose of the corarnercial districts is to provide for the- retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and. scale of commercial StRICtUrCS accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed ages in the C -G district consist of the largest scale and broadest mix of retail, office, service and light industrial uses and are typically located in close proximity and/or with access to interstate or arterial intersections, B. Schedule of Use: Unified Development Code (UDC) Table 11-211-2 lists the permitted, accessory, conditional, ands in e ib rohited uses in the C-0 zoning ditrict. A inulti- p fiarnily develoj)inent is listed as a conditional arse; retail stores and vertically integrated residential projects are listed as a permitted use In the C -G district. C, Dimensional Stiandards: The dimensional standards listed in UDC Table I 1-213-3 for the C -G zoning district apply to development of this site. D. Landscaping: Street buffer, parking lotandbuffers to adjoining' residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3.13-7C, 11-313-8C and I t -313-9C for the C -G zoning district, Wickyard Sub -- CUP, PP, MDA (H-20,17-0107) PAGE 6 EXHIBIT A E i. Off -Street Parking: OffLLstrcet. parking is required in accord with UDC Table 1:1-3C-6 Cor multi -family dwellings & vertically integrated residential use,,, F. Structure, and Site Design Standards: Development of this site must comply with the design standailds in accord with UDC 11-3A-19 and the standardslistcdin the Arch] , tectural Standards Manual, IX. ANALYSIS A. Analysis of Facts Leading to Staff Reconunendationt 1. DEN' ELOPML,NilAC.RLEji,tENTnODIFIC,�']'ION(MDA):Thi; til)plicant proposestomodify the existing developments (Instrument # t06191305,114002255 and 2016-079095) to change tile development plan on the west side of CentrePoint Way from a self-service storage facility to a mUlti- family development; and the cast side of CentrePoint Way front multi -fancily and coinniercial/retail to triulti-41amily and vertically integrated residential. The proposed conceptual development plan consists of a total of 247 dwelling units with 215 units in 2 and 3 -story -four-plpx townhome. configurations and 32 dwelling units above and behind commercial .spaces totaling 7,300+/- square feet in two (2) vertically integrated structures (,see Exhibit A.2 for existing and proposed concept development plans). The applicant also proposes to amend the DA to include changes to the text of the agreement as, noted in Exhibit A.3. Staff has also included recommendations for modifications to the applicant's request as well as new provisions based on the proposed development plan, Please see Exhibit A.3 for more information. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 61 building lots and 4 common lots oil 14,27 'acres of land in the C -G zoning district for'Brickyard Subdivi*sion (see Exhibit A.5). This is a re -subdivision of Lots 9-11, Block I and Lots 16, 19-26, Block 2, Centrepoint Subdivision No. 2, A property boundary adjustment (A-2017-0133) was recently tentatively approved (subject to -final approval) that created (fie boundary configuration of the subject property, Prior to submittal of die first final plat application, the PBA approval should be finalized. Phasing: The plat is proposed to darclop in four separate phases, beginning at the north end of the site on the cast side of N. Centrepoint Way; the majority of thesite amenities are proposed to be constructed inPliase. 4, the last phase (see phasing plan iii.Exhibit A.5)..Becouse the dog park and two shelters are the o)11X1, amenities proposed in the first three phases of development, Staff recommen& the amenities proposed on Lot IC, Block 2 consisting of swimming pool, v.1aslilmd-, community center, shelter Bund playground are constructed with the first phase of development. Dimensional. Standards; Theproposed plat is required to comply with the dimensional standards listed in UDC Table I I -2.-B-3 for the C -G zoning district. There is no minimum lot size or street frontage ,requirements but there, is a inaxinium. building height allowed of 65 feet, Access/Traffic: Access to streets should comply with the standards listed in UDC 11-3A-3. Access to collector and arterial streets is limited unless otherwise approved by City Council. This site abuts a private driveway along the south boundary of the site and N. Centrepoint Way bisects this site north/south iaccess- via.a local street is not available. Three private driveway accesses via N. Centrepoint Way, a collector street,, are proposed on each side of the street — one of those Is for access to the parking lot at the central common area on Lot IC, Block 2, the others are for access to the residential units; City Council approval of the proposed accesses is required. Two driveway accesses are also proposed via the cast/west private drive that connects to Eagle Road.. There Brickyard Sub -- CUP, PP, MDA (1-1-2017-0107) PAGE 7 EXHIBIT A are no existing stub streets to this property from adjacent properties that require extension nor are any proposed. .A Traffic;Impact Study (TIS) was Submitted to ACFID for this project. A staff report has not yet been received from ACHD, Landscaping: Street butfe", are required as set forth in UDC Table 1 1 -214-3 for the C -G district and landscaped in accord with the standards, listed in UDC 11 -1B-7C. A 20 -foot wide street buffer is required to be provided along either side of N. Contrepoint Way, to collector street; a buffer is proposed as required with a 4 --foot tali berm with a mix of evergreen and deciduous trees, A I O -foot wide street buffer is required to be provided along the north boLmdary of the site adjacent to Jasmine Lane, a private street, per the development agreeinent (Ins(. #2016-079095). Per `UDC 11-313-7C;2, all: residential buffers tire required to be-orra common lot, maintained by a homeowner's association and shall be planted in accord with the standards listed in UDC I I -313-7C. There are no existing trees on this site that are being removed that require mitigation. All street btifrcrs are required to be planted with trees and shrubs, lawn, or other vegetative groundeover., a minimum density of one tree per 35 linear feet is required within street buf&ks. The calculations table shown on the landscape plan should be -revised to reflect the linear feet of frontage on N, Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement. Subdivision Design & Improvement Standards: Compliance with the subdivision design and improvements standards listed in UDC 11-6C is required. Staff has reviewed the proposed plat and determined it to be in compliance with these standards. Sideivalksi Sidewalks are required to be provided with development in accord with the standards listed in UDC I 1-3A-17. Typically, a 5 -font wide detached sidewalk is required along collector streets; however, because N. Centrepoint . Way wasn't designated asa collector street when the initial development Nvas approvcd, a 5 -foot wide attached sidewalk was allowed to be constructed. Theretbre, staff does not recommend the sidewalk idewalk is reconstructed to complywith this requirement. Utilities: All develo * pment is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC I I -1A-2 1, A sewer & water easement exists across Block 2 as depicted our the Centrepoint Subdivision- No, 2 plat. Prior to submittal of the final plat for City Engineer signature on Phase 1, suOuilt a written request :for the, relinquishment of the easement to the City (Inst. #2016-060153). Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the develop ment in accord with UDC I I -M -I 5 as propose -di Storm Drainage: An adequate storm drainage system isrequired-in all developriients, design and construction shill follow best management practice as adopted by theiCity as set forth in UDC 1 1 -3A- 18. 3. CONDITIONAL USE PERNMIT (CUP): A CUP is proposed for a multi -fatuity development in a C-0 zoning district containing a total of 215 dwelling units on 13.06 acres of land. The units are proposed to be configured as 4-plex townhouses (ix, each unit: has an upstairs and downstairs) — 39 of the units are in 2 -story structures and 1,76 of the units are in 3 -story structures. Note., Tive) vertically integrated builefings (ire also proposed within this (&,velopment that Contain a total (?f'32 divellin�y, units (ind 7,300+1-s,(1vare ,feet of onnnercial area but are not included in the.fillmi,ing analysis as the uses are permitted in the Cr district and do not required CUP approval. Analysis oj'Me vertically integrated residential prqlect will take place i-vith the Certyt'cate ofZoning Compliance application, Brickyard SO— CUP., PP, MDA (14-2017-0107) PAGE 8 EXHIBIT A Specific Use Standards; The specific use standards for i-nulti-fiandly developments listed -in UDC 11-4- 3-27 apply to development of this site as follows, (Stall's colliMenO in it(dics) A minimum or 80 square reef (s.f.) of private useable open space is required to be provided for each unit. The applicant's narrative states 82 square foot patios are proposed for• each unit in compliance with this requireinent. Dcvelopments with 20 units or more shall provide a property management office, a maintenance stora,g,e urea, a cental a mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at all entrance or convenient location for those entering the development. The site plan depicts cluster niailboxes throughout the den,elopment which should include provisions fi)i- parcel inail; the prc)perly Ineinagrenlent oftice is proposed to be located in the vonununih, center; and the niaintenance storage area will he located in one of the garage units at the east boundai.y of thesite to the east qf the, vertically integrated buildings, The site plait subitsitted u4th the Certifieute of Zoning Compliance application should depict the location of the direelmy inapfor the deveIopment and the other required items. A titinin-ium or 350 square feet of common open space is required for each unit containing more than 1,2p0 square feet of living area. 411 qfthe proposed units are between .1, 450 and 1,75`0 square fleet; thel-4-fiore, a Ininfinnin of 75,250 squareel (or 1.71 acres) of cointnon open space Is required.for this develqiinanfi The open space exhibit included in lTxhibit /1, 7 depicts a lotal of 4.25 acres q fconnnoir open space in accord with this requirement. 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 1YDC I I -4-3-271), For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes internal palhit,,-rI>s throughout the developtnent: a 20' x 20'fabric-sail shelter, a 16'x 20' dual slope pavilion, a 11. 750 square fool, fenced dog, park, a 2,400 square fool open spacelill-ban plaza for the ver-tically integrated Ifilits, a Children's play structure, a 20'x 40' outdoor,swiinning pool, spAqsh pa a chibhouse with at covered patio, a 50'x 100'grassj, open area, a 20-30yard x 2.5-35 yat-d U8 soccerlsports .field, picnic tables, qtgj1)ark benches; plffftio eontetw beifehay and pubhe qi*, These alnellities fidl wilhin the quality of life, open space and recreation categoiles as required and Slajffeels the), are, coinniensiti-ate.ffir the proposed development. Landscaping is required to comply with UDC I 1-4-3-27-F. All street facing elevations shall have landscaping along theirfoundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen slitub with a ininfinurnmature 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 submitted with the Cedfflcate- qj'Zoning Compliance should comply with this requirententfir the sides of the structures that fitee X Centrepoint Way, Jasmine Lane and the east1westprivate driveway that die's along the south boandaq of tare site. 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. A minfinuin building setback of *10 feet is required unless -a. greater setback is otherwise required per UDC 11-4-3-27.8:1.X111 buildings depicted on the siteplan conipl), with this requh-einent. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be -fully screened from view from a public street. The applicant should comply Wilt this Brickyard Sub— CUP, PPj M DA (11-2017-0107) PAG, E 9 EXHIBIT A requirement; ?f any oj'fhese are prolmsed, they should be included on Ilse landscape plan, submitted with the Certificate qj'Zonhig Compflance (II)lVeallon. Parking., For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (215) 3 -bedroom units, a minimum of 430 parking spaces are required, 215 of which are req4red to be covered. A total of 594 parking spaces consisting of 254 garage spaces, 254 driveway spaces and 86 guest spaces are proposed which exceeds the mininitim UDC standards by it total of 164 spaces,, Two story units are proposed to have 2 car garage and 2 driveway spaces. Note: The are -noted calculations were provided 0 1iv the aplVicant" the calculations on the plat (sheet) are not correct and need to be reviseJ For non-residential uses such as the community center, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC I t -3C -6B. Based on .1,600 square feet, a minimum of 3 spaces are required. A total of 8 parking spaces are proposed for the community centerMplashimd/playground area in accord with LJDC standards. 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 I l- 3C Based on 633 vehicle spaces proposedi a -minimum of 26 bicycle spaces are required; a total of 48 spaces are proposed In several bicycle racks dispersed throughout the development in accord with this requirement. .Landscaping., Parking lot landscaping is require(] to be provided in accord with the standards listed in UDC 11 -3B-8C and will be -reviewed with individual Certificate of Zoning Compliance, applications. The UDC (I 1-213-3) requires a 25 -foot wide buffer to residential uses in the C -G district; however, the development agreement (Instrument No. 106060856) allows a I 0 -foot wide buffer to be provided instead with the stipulation that trash compactors and loading.docks not be allowed along the west side of the future buildings, Landscaping Is required to be installed within this buffer in accord with the ,standards listed in UDC I I -313-9C which require a dense buffer consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at maturity. Fencing: All new fencing is required to comply with the standards listed in 'UDC I 1-3A-7, A 6 -foot tall vinyl privacy fence is proposed along the north boundary of the site and shall be located at the back edge of the street buffer along.lasmine Lane. A -56-foot- tall metal view vinyl privacy fence is also proposed along the east boundary of the site adJacent to Riture commercial uses. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-34541265; or,. email: Olson, Robert rols Li@,j�g�)uficservices,corn, A stamped ap proved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Site Amenities:. Site amenities are as proposed -in Exhibit A.6 antras ;noted above. The majority or the amenities for this site are proposed on Lot IC, Block 2 in Phase 4 — the last phase of development. Staff recommends the swiffitning pool, splasb-p#d-, community center, shelter and playground is included in the first phase of development instead; the soccer field and open space maybe counpleted with Phase 4 as proposed. Building Elevations.- Two building types in various color 'schemes are proposed for the 4=p1(-'J;9trUctures within the development consisting of 3 -story units and 3 -story ivith 2 -story units on each end as shown in Exhibit AX. Buildings along the west boundary are proposed to be all 2 -story 4-p-lexes to preserve view corridors of the adjacent development and provide a transition to the 3 -story structures, To ensure Brickyard Sub — CUP, PP, IVIDA (14-2017-0107) PAGE' 10 EXHIBIT A buildings are 2 -stories along the west boundary staff recornniends a provision is added to the DA to restrict buildings to 2 stories In that area. The architectural character of the structures shall comply with the standards, listed in the City of Meridian Architectural Standards Manual, The elevations submitted with the Certificate of Zortilig Coinplialice application should uld demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application, Certificate of Zoning Compliance: The applicant is required to obtain approval ora Cortificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structure,-, comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-514-1. Design Review: The applicant is required to submit an application lor Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11 -SB -B. The site and building design is required to be gelierally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manu€ l. and conditions of approval in Exhibit B. Stqffreconunen& approval of the subject al)pfleations with the conditions listed in Exhibit B per the r1indings in Exhibit C X. EXRIBITS A. Drawings 1. Vicinity/Zoning Map 2. Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements 3. Proposed & Recornmended Modifications to Development Agreement 4. Site Plan (dated-, 7/13/2017) 5. Preliminary Plat & Phasing.Plan (dated.: 7/.13/2017) 6. Landscape Plan (date: 7/13/20)7) & Site Amenities 7. Open Space Exhibit (dated: 9/5/2017) 8. Proposed Building Elevations & Floor Plans .B. Agency Comments/Conditions of Approval I. Planning Division 2. Public Works Department 3. Fire Department 4. Police 'Department 5, Republic Services 6. Ada County Highway District 7. Parks Department C, Required Nridings from Unified Development Code Brickyard Sub— CUP, PP, MDA (H-2017-0107) PAGE 11 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd ÚÚd R-4 RUT C-G R-8 R-4 R-8 R-2 R1 RUTD/DA R-8 R-8 R-8 R-2 R-15 R1 R-8 RUT R-4 R-4 RUT RUT R1 R1 R-15 C-N C-C R-15RUT RUT R1 R-2 R-8 N E A G L E R D E USTICK RD E JASMINE LN N G R E N A D IE R W AY N S H A R O N A V E E ARCH DR ETRAILBLAZ E R DR E SPEARFISH DR N LESLIEWAY N PANKRATZWAY E KAMAY DR E RINGNECK ST E WAINWRIGHT DR N W IN G AT E L N E PICARD S T ELOBELIAST E NAKANO DR N TR O X E L W A Y E VAN OKER ST E BOWMAN ST E PICARDLN N D E V L IN W A Y N VE R A D O AV E NSUMMER FIELD WAY E CHANDLER ST E RACE CT N D E V L IN A V E N B E T U L A AV E E RACE ST E SUMMERDAWNDR N H A W K INS A V E N R E C O R D S A V E E MILFORD ST N S PA N G L E D R E CONNER ST E SUMMER DAWN STESUMMERDAWNDR N D A S H W O O D PL N C H A N C E RY P L ELEIGH FIELD DR ECONKLINDR E G ARBER DR E SATTERFIELD S T N R O S E P O IN T A V E E SEVILLE LN E TECATE LN E MODELO LN E SIDEWINDER DR N SU M M E R PA R K AV E N L A N C E R A VE N D U A N E D R E D IL L O D R N PETTYWAY N VILLERE LN E OMERA ST E WIGLEDR E PARADISELN EFREEDOMLN N C E N T R EP O IN T W AY N BROOKSBU R G W AY N S H A R O N AV E N C A J U N L N N D IX O N AV E N C H E LM SF O R D AVE N S U M M E R C R ES T W AY N D IXON AVE N L E SL IE WAY N LESLIE W A Y ESUMMERCOVEDR N LA N CE R AV E N J U ST IN AV E LIN W O W N B E T ULA AV E N C A M A S C R E E K W A YN PATRIOT CIR N LAWS PL ESWINDELL R E STAR LN E STAR LN N L E B L A N C W AY RO U ERIVEWY 4N1E33 3N1E05 3N1E04 North Slough ENSR Survey Sh avrerLateral Nourse Lateral Milk Lateral SouthSlough EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 13 Exhibit A.2: Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements Existing Concept Plan included in Development Agreement (Inst. #106191305, MI-06-008): Modified with 1st and 2nd Amendments to Development Agreement (see below) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 14 Existing Concept Plan & Building Elevation Included in 2nd Amendment to Development Agreement (Inst. 2016-079095, H-2016-0057): Proposed Conceptual Development Plan (dated: August 30, 2017): Self-service storage facility EXHIBIT A Exhibit A.3: Proposed & Recommended INtodifleations to Development Agreement 4. USTS 1J"FRAf11.7,FD BY 111TV A GJ?Fr.,1JFAT: 4.1.n Allfiture developm.ew shall comp�j, with the design standards listed in UDC II - .4-1.9, I- .4-19 andthe-Archirectural Standards,11atmal, as applicable per UDC 11 -5B -SB. 4,Lb Funwe constniction on the subjeet sim shall be general�v consistent with the Have)- Site Plan submitted with tvft-06-003, (exclndi7ig the Kohl's parcel, 950532449210.) and Including the Concep mal Development Plan(Exhibit B)and Conceptual Building ElevatiowtExhilit C) submitted with 4 mw. H.20;�.O;;7 L JLK —ro A4tefl6f% All lots .111thfirontage on eagle. the western and norther)i property, boundaries shall contain fircestanding buildings �^O, till�111011 �11�nw bwldhi�L% Ij a fiattre proposed building is not generalli, consistent with the 4faster Site Plot) Ov Conceptual d4velopment.plan for the northwest corner of the side (a$ applicable), then the development agreement shall be, modified accorilingly-, 41st Thefollowing uses shall- not be allowed On an•v lot adjacent to the western or northern property boundivy (shmn on the.Mastor Site Plan (Pads 948, 21-24 and the • Owdoor arts, • Outdoor stage, mysic venne, arts; entmahnnent or recivationfildlit), • Chtivell 01 -place 6j,religious worship • Friel sales facility=, ti'-uck stop ip Hotel andmotel Indusny, ittfortnatioll Industly, light • mortim)), » Nursery r~ arbanfirain Recreational vehirle.park Temporaty use Vehicle sales or rental and sonlec • Vehicle washl , ngfocility, wiless as apt ace"soo, use ori List 8, Block I CClltrepoillte Subdhisioit) Tvireless and/0), 101%,e), 111reless amatear radio anteynta 4,1.d That all fimire bid1ding.7 on the subject proper& will be required to submit a. ("e'lliffeato of Zoning Compliance (CZ(() application prior to constim-don. And all fierrav bitildings adjacent to Eagle Road and Ustick Road will be requfred to obtain Design Review approvalpriorto consmictfon. CQ4NrD1F10,YSt G 0 T ERNING DEFT L OP.AMAIT OF S UBJE, CT PR OPE, R T1 awwrlDeveloper shall devolqp file Propert y it) aveordalive with the f6ilowing ,special conditfom., 5.1.0 Allfilrure uses Oil proposed lots or parcels within the annex-ation area shall be required to eomplywith the amended ,Faction 4 qj'rhe DevelopmentAgreement and the Cit y's UnffiedDevelopment Code Mckyard Sub — CUP, PP, MDA (14 2017-0107) PAGE 15 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 16 Staff recommends a pathway IS constructed at the west boundary of this site that connects to the pathway from Champion Park for interconnectivity between developments; modify provision accordingly Strike “sidewalk included” as the sidewalk is depicted on the landscape plan outside of the 10’ landscape buffer Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “Multi-family units shall be restricted to 2-stories in height along the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer”. Delete provision (Staff recommends a pathway is constructed with this development that connects to the existing pathway in Champion Park Subdivision for interconnectivity between developments as noted above in provision #5.1c.) EXHIBIT A Staff Recommends the Following Additional Provisions are added to theAgreentent; The CSC&R's for the development shall restrict file use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its re:sidcnts. Tour -foot tall bollard lighting is required along all internal pathways, within the multi -fancily portion of the development, Include traffic calming textures on internal drivewayswithin the development as proposed to slow traffic, Provide a crosswalk if allowed by. ACHD:ac.ross Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and community center' is located. Business hours of operationfor commercial uses that abut a residential use or zoning district are restricted from t 00 am to 11:00 pin unless extended hours are requested andapproved wd through a conditional use permit in accord with UDC I 1-213w3A.4. Design, of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Fxhibit AX Residential buildings along the west boundary ofthe multi -fancily development a(Ijacentto'Champion Park Subdivision shall be restricted to 2 -stories in height as proposed by the applicant in Exhibit A.8. to preserve view corridors dors fior (lie adjacent residents in Champion Park Subdivision. Brickyard Sub— CUP, PP, MDA (14-2017-0107) PAGE 17 EXHIBIT A Exhibit AA: Site Plan (dated: July 13, 2017) EXHIBIT "B" The conventional townhome buildifies have the followbw suaces: 254 garage spaces, based on the following: o 39 units with 2 -car garages o 176 uliits with T -car garages 254 driveway parking spaces, based on the following: o 39 units with 2 -car driveWay spaces b 176 units with I -car driveway spaces 86 siviest parking s0aces TOTAL PARKING SPACES IN TOWNT-10ME PORTION OF THE DEVELOPMENT — 594 SPACES provided, 430 required The Clubhouse has The following spaces: 7 guest parking sl)aces I haridicap parking space TOTAL PARKING SPACES FOR THE CLUBHOUSE — 8 SPACES, 4+ required Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE- 18 z 9 fQ EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 19 Exhibit A.5: Preliminary Plat & Phasing Plan (dated: 7/13/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 20 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 21 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 22 Exhibit A.6: Landscape Plan (dated: 7/13/2017) & Site Amenities EXHIBIT A .................. ------ - . ..... . . .... . ............... .......... ........... W, ........................ .. . . ........ ........................... ............. . ... . .. . ....itLl9 . ................ . . ..... . . ......... .. ....... . .. ... ....... . . ......... ...................... ... . . . .............. . . . . ..... . . ....... I W"T ig I A111 -TF 7i .. .... . ..... Vinm Ngml 3 Slori - N , pn 3 swry - P'liigm IN&41 I (It'lloll 2 mig !! "Nilmirilmils UNIT I Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE7 23 Cal ffi - R. I . . ......... ...................... ... . . . .............. . . . . ..... . . ....... I W"T ig I A111 -TF 7i .. .... . ..... Vinm Ngml 3 Slori - N , pn 3 swry - P'liigm IN&41 I (It'lloll 2 mig !! "Nilmirilmils UNIT I Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE7 23 EXHIBIT A . 'JVf- 14 ar>Yena I Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 . . . . . ........ . .... . ...... . ....... . ................. . .. L' r r 1 I Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAGE 24 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 25 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 26 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 27 Exhibit A.7: Open Space Exhibit (dated: 9/5/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 28 Exhibit A.8: Proposed Building Elevations & Floor Plans EXHIBIT A 2-3-3-2 Townhom.es 4 -Flex '�Z Floor 1 Brickyard Sub -- CUP, PP, MDA (H-2017-0107) PAGE 29. Floor 2 Floor 3 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 30 EXHIBIT A 3-3-3-3 Townhome 4-Plex Floor 1 Brickyard Sub— CUP, PP, IvIDA (H-2017-0107) PAGII 3:1 Floor 2 Floor 3 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 32 Buildings restricted to 2-stories EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 33 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 34 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 35 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 36 Clubhouse: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 37 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 38 Garages: EXHIBIT A. B. Agency Coninrents/Conditions 1. P1,ANNING DEPARTMENT 1.1 Site Specific Conditions o.f;Approval -- Preliminary Platt 1.1:1 Development of the site shall substantially comply with the preliminary plat, site plan and building; elevations included in.Exhibit A, the design standards listed in iJDC l 1-3.A-19 and in the Architectural Standards, Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. The 204foot wide street buffer along N. CentrepeintWay, a collector street, and the 10 -foot wide street buffer along, Jasmine Lane, a private street, is required to be, placed in separate common lots or on permanent dedicatedbuffers depicted on the plat, per UDC, 11-3:13-7C.2. 1.1.3 The landscape plan included in Exhibit A.5, dated July 'I3; 2017, shall be revised d as follows; a. Rovise the calculations table shown on the landscape plan to reflect the linear feet of frottage: along N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement based on the standards listed in UDC I 1-313-7C. Additional trees are required within the street buffers to comply vi ith UDC 11-313-7C. b. The 6 -foot tall vinyl privacy fence proposed along the north boundary of the site 'adjacent ,to Jasmine Lane shall be depicted at the bank edge of the. street buffer. l .I.4 City Council approval (or partial approval) of the proposed accesses via N. Centrepoint Way, a collector street, is required. The City Council granted a ivait>er to UDC 11-3A-3lbi-all (?ftheproposed accesses. 1.1.5 Prior to submittal of the final. plat for City Engineer signature on Phase t; submit a written request to the; City for relinquishment of the sewer and water casement (Inst. #2016-060153). L-1.6 The applicant shall obtainfinal approval of the property boundary adjustment application (A-2017-0133) from the Planning Division prior to submittal of the first final plat application. 1.2 Site Specific Conditions of Approval — Conditional Use Permit 1..2.1 The site plan ,included: -in Exhibit AA, dated July 13, 2017, shall lie revised as follows: a. Depict the property management office, maintenance storage area, central mailbox Iocatioiis (in6luding provisions for parcel rraail) that provide safe pedestrian and/or vehicle; access, and a directory and rnap of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-2713:7:. b. Include a parking calculations table consistent with the requiternents listed .in UDC 11-3C-6 and with what is proposed for the proposed garage, driveway and guest spaces. Vie c alcolo ions .slrrlwn on thePlan do wtrnatch the ealetrlrttiorrsprovided ky the applic-ant c Depict a pathway connection at the west boundary ofthe site to the pathway stub in Champion Park Subdivision. dl Depict speed bumps within the drivewayalong the west property boundary for traffic calming, 1.2.2 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall he revised as follows: a. All street facing elevations along N. Centrepoint Way, Jasmine Lane and the cast//west private driveway that exists along the southern boundary of the site shall have a landscaped area at least 3 -feet wide that is landscaped with an evergreen shrub every 3 linear feet of foundation with ea minirrrum stature height of 24 inches per UDC 1`1-4-3»271;: Brickyard Sub w CUP, PP, MDA (11-2017-0107) PAG1'3'39 EXHIBIT A b. All on-site service areas, OUtdoorstorage areas, waste storage, disposal facilities, and transformer and utility vautts, shall Abe depicted on the plan and be located in areas not visible from a public street, or shall befidIv.screened from view from a public- street. c. 14andscapingis required to be installed within the 10 -foot wide buffer to residential uses along the west boundary of the site in accord with the standards listed in UDC I I 313-9C, d. Depict a pathway connection atthe west boundary oftliesite.to the pathway stub in Champion Park Subdivision and landscaping n accord with the standards listed in UD.0 I I -31342C. 1.2;3 Provide a minimum of 4.25 acres of coronion open space for the development in accord with the open space exhibit , included in Exhibit A.7 and UDC 1, 1-4-3-27C. 12.4 Provide site amenities as proposed in Exhibit A.6 in accord with UDC I I -4-3-27D. The site amenities proposed on Lot I.C, Block 2 that consist of a swig inling pool, community center, splash pad, shelter and playground shall be constructed with tile first and second phases of development_R1Jor to ain,, Certificate of Occupancies Hein Ly issued for the development; the adjacent soccer field and open space may be constructed with Phase 4 as proposed. 1.2.5 All on-site service areas, outdoor storage areas, was . to storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be hilly screened, from view from a public street. 1.2.6 Trash compactors and loading docks shall not be allowed along the west side of the firture buildings along the west boundary of :the sit ' 0 adjacent to single-family residential uses in Champion Park Subdivision per the development agreement (Inst. ff 106060856). 1,23 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, arid other developillentfeatures. 1.2.8 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services ('phone: 208-345-1-265; or, email; Olson, Robert t-olsotiLerei)tiblicsei-vices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance;.application for the proposed trash enclosures, 1.3 General Conditions of Approval 1.11 Comply with 611 bulk, use, and development standards of the C -G zoning district listed in UDC Chapter 2 District regulations. 1.3,2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,, as sot forth in UDC *1 1-3A-6. 1,33 Install lighting consistent with the provisions as set forth. in UDC 11-3A-1,1. 1.3.4 Provide a pressurizediffigation system consistent with the standards as set forth in UDC I I -3A-15, UDC 11 -313-6 and MCC 9-1-28. 1.3.5 Comply with the sidcAvalk standards as set forth in UDC 11-3A-17. 1.3,6 Install all utilities consistent with the standards as set forth in UDC I I w3A-21 and 11-313-5J.; 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC I I 11-313- 8C, and Chapter 3 Article C. Brickyard Sub— CUP, PP, MDA (14-2017-0107) PAGE40 EXHIBIT A 1.3.8 Construct the required landscape buffers consistent with the standards as set 1'urkh in UDC l 1-313-7C (streets),. 1.3.9 Construct storm water 'integration facilities that meet the standards asset forth in UDC 1 1-313.11 C. 1.3.10 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 U15C 11-313-:/0. 1.3.1.1 Provide bicycle parking spaces as set forth in UDC 1'1 -3C -6G consistent With the design standards its set forth in UDC I l 3C -5C 1.3.122 Comply with the outdoor Service and equipment urea standards as set forth in UDC 11-3A«12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC '11-3 B-11 C, 1.3.11 Comply with the structure and site design standards, as set forth in UDC_ l l -3A-'19 and the guidelines set forth in the City of Meridian Architectural Standards Manual. 1.3:15 Comply with all provisions of UDC 11-3A-3, with regard to maintainingfhe:clear vision triangle. 1.3.16 Low pressure sodium lighting shrill be prohibited as an exterior lighting sourer: on the site. I>3.17 All fencing constructed on the site shall comply with the standards as set ford/ in UDC 11-3A-7 and I1 - 3A -6B as applicable, 1.3;18 100 Watt and 250 Watt, Nigh -pressure: sodium street lights shall be requited 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, Applicant shall also include the location of any existing street lights in the development plan set. Street lighting required at intersections, corners, cul-de-sacs; and at a spacing.that does not exceed that outlined in the Standards. The contractor's work and materials shrill conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1,4 Ongoing Conditions of Approval 1 A.1 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. 1,4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval. associated with this .site. 1.5 Process Conditions of Approval 1.5;1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs'. 1,5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all futtire structures proposed on the site from the Planning Division, prior to submittal of any building'perinit applications. 1.53 The applicant shall complete all improvements related to public life, safety, and Health as set forth in UDC t 1 -5C -3I3'. A Surety agreement may be accepted for other improvements in accord with UDC l i - 5C -3C: 1.5:1 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two; years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-613-7, Brickyard Sub— CUP, PP, MDA (H-2017-0107) PAGE 41 EXHIBIT A 1.5.5 The applicant shall obtain (lie City Engineer's signature on afinal plat within two years of the approval of this combined prehininary/final plat as set forth in UDC 11-613-7A. 1.5.6 The final plat, find any phase tliercofsliall substantially comply with the approved preliminary plat as set forth in 1JDC I I -613-3C2, 1.5,7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreernent modification request as set forth in 11 -UDC 1- 513-31)2. 1,5,8 The applicant shall pay any applicable impact fees prior to the issuance of a building pcnnit. 2. PUBLIC. WORKS DEPAirml ENT 2.1 Site Specific Conditions of Approval 2, L1 The water main in "S(rcot 13" needs to be connected to (lie water main in Centerpoint to avoid a dead end. Water main easement needs to be extended to property line at NE corner so water main in "Street A" can ;be connected to cast in future. _212 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 easenien(s for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is throe feet, if cover from top of pipe to sub - grade is less thin three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard S.pecifications. 12.2 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 casement(s) for all public water/sewer imans outside ofpublic right of way (include all water services and hydrants), The casement widths shall be 20-fect wide for a singgle utility, or 30 -.feet Wide for two. The casements shall not be dedicated via the plat, but rather dedicated outside thcpjat process using the City of Meridian's standard forins. The casement shall be graphically depicted on the-platfor reference purposes. Submit an executed casement (on the form available frorn Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXII JBIT A) and tin 81/Tx 11" map with bearings and distances (marked EXHIBIT 13) for review. Both exhibits must be scaled, 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)4 The applicant should be required to use any existing surface or Well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required, If a single -point connection is utilized, the. developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval, Brickyard Sub — CUP, PP, MDA 01- 2017-0107) PAGE 42 EXHIBIT A 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2,6 All irrigation ditches, canals, laterals, or drains, exclusive of naturalwaterways, intersccting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC I 1-3A-6. In performing such work, the applicant shall comply with Idaho Code 424207 and any other applicable law Or regulation, 2.2.7 Any existing domestic well system within this prqject shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Enginecring.Depaitinent at (208)898- 5500 for inspections cif disconnection of services. Wells may be usedfor non-doniestic, 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 qystems 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 inspection$ (208)375-521.11 2.2.9 Street signs are to be in place, sanitary sower and water system shall be approved and activated, road base approved by the Ada County Highway District and the Filial Plat for this subdivision shall be recorded, prior to applying for bUilding PCIVitS4 2.2.10 A letter of creditor casli surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the finat plat. 22,11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements. in order to obtain City Engineer signature on thefinal plat as set forth in UDC 11-5C-313. 12,12 Applicant shall be required to pay Public Works development plan review, and construction inspection -fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shalt be the responsibility of the applicant to ensure that all development features comply with the Americans wittiDisabilities Act and the, Pair flousing Act.. 2,2.14 Applicant shall be responsible, for application and compliance with any Section 404 Perri-iitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shalt coordinate mailbox locations with theMeridian Post Office, 2,116 All grading of the site shall be performed in conformance with MCC 11-12.31-1. 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. 2,119 The design engineer shalt be required to certify that the street, centerline elevations are set a minimum of 3 -feet above the higliest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.119 The applicants design engineer shall be responsible for inspection oral] irrigation and/or drainage, f,,teilityNvi(Iiititliispi-ojoetitliatdotio,tf,,ill,un(let'tliejufisdictioiiof,,Inirrigatioti(lisitrictorAc'f,,fD.Tli,e 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 certificateof occupancy is issued for any structures within the project. 2.120 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 oroccupancy f6r any structures within the project. Brickyard Sub — CUP, PP, MDA. (14-2017-0107) PAGE43 EXHIBIT A 2.2.21 A streetlight plan will need to be included in the civil constrtiction pians. 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;tlwwiv.tiieridiancity.orgll)ublic_N8,orks.aspxWd=272, 2.2,22 The -City of Meridian requires Chat the owner post to the City a performance surety in the amount of 125% or the totalconstruction 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 inust 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 or20% of the total construction cast for all completed sewer, water and reuse infrastructure rot 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 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 Developrl ent Service for more information at 887-221. 3, F'IRD DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Dire Code* Section 503 2* 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International. Fire Code Sections 503.4 & D.1 O.& 33 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.12 3,4 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project x ich serves more than 30 homes, as set forth in International Fire Code Section Ill 07.1. The two entrances should be separated by no less than rjz the; diagonal measurement of the full development as set forth in International Fire Code Section D104.3, The applicant shall provide a sttib street to the property to elle (Wcst/cast/north/south). 3.5 The applicant shall work with Public Works and Planning Department staff to provide till address identification plan and a sips' 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 forthin. International Fire Code Section 505.1. 3.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building asset forth in International Fire Code Section 503. L 1. 3,7 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International. Fire Code Section MI.& 3.8 There shall be a fire hydrant within .100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.9 The Fire Department' will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 3.t0 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix 3 Section D 105. 3.14 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 114 L, Section A5.2.1S. 3,12 As set forth in International Fire' Code Section 504;1, multi -family and corritnereial projects shall be required. to provide. an additional' sixty 'inches' (60") wide access point to the buildingfrom the fire lane to allow ror Brickyard Sub CUP,. PP, MDA (14-2017-010 7) PA6E 44 EXHIBIT A. (lie movement of -manual lire suppression equipment and, gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a nianner 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 lire Department for details. 4. POI icc Dl PARTl4IEINIT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTrvIENT 5,1 The .Park's Department has no -comment on this application. 6. .ADA COUNTY :HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6,1.1 Replace arty broken or deteriorated segments of curb, glitter, or sidewalk on Centerpoint Way abutting the site. 6.1.2 Parking is'restricted on both sides of Centerpoint Way,. Install "NO PARKING' signs on both sides of the roadway. 6.13 Construct 6 driveways onto the east and west sides of Centerpoint Way located 140; 360, tend 5704eet north of the existing private drive aisle abutting the site's south property line. 6.1,4 Construct the 6 driveways as curb return type driveways with 15 -foot curb radii abutting the existing roadway .edge. Pave the driveways their full Width a minimum of 30 -feet into the site beyond the edge of Centerpoint Way adjacent to the site. 6.1,5 Install a sign at the terminus of the stub street to the north, Centerpoint Way, stating that, "THISIS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." 6.1.6 Payment of impacts fees are clue prior, to issuance of a building permit. 6.1.7 Comply with all Standard Conditions of Approval. 6;2 Standard Conditions of Approval 6,2,:1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (i_neluding all easements). Any existing irrigation facilities shalt be relocated outside of the ACI -ID right -cif way (including all casements), 6.2.2 Private Utilities inclUding sewer or water systems 7are prohibited frorn being located within the ACRD right-of-way. 6,2.3 In Accordance with District policy, 72033, the Applicant,inay be required to update any existing tion- compliant pedestrian buprovericats.abutting the site to meet current Americans with Disabilities Act: (ADA) requirements. The applicant's engincer should provide 'documentation of ADA compliance to 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction. of the proposeddevelopment. Contact Construction Services at 387-6280 (with file number) for details. 6.M A license agreement and conrplirance with the District's Tree; Planter policy is required for all landscaping proposed within ACHD right-of-way or easementareas. Brickyard Sub- CUP, PP, MDA (H-2017-0147) PACE 45 EXHIBIT A 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developen 627 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant atnocost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to .call DICYLWE 1 2-1585) at least two fill] business days prior to breaking- ground within AC14D right-of-way, The applicant shall contact AC14D Traffic Operations 387-6190 in the event any ACHD conduits (spareor filled) are compromised during any phase of construction, 0.2.8 Utility street cuts in paven-tent.less than live years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 87-6258 (witli file -numbers) for details. 6,2,9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved wpplenients, Co-tistruction. Set -vices procedures and all applicable ACI -I'D Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2 10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2. *11 Nochange in the terms and conditions- of this approval shall be valid unless they are in writingand signed by the applicant or the applicants authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change, from ACRD. 6.2.12 If the site plan or use should change in the future? ACHD Planning Review- willreview the site plan and may require additional improvements to the transportation system at that time. Any change ill tile planneduse 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 Nvaivvr/variance of the, requirements or other legal relief is granted by the ACI -ID Commission. Brickyard Sub — CUP, PP, MDA (I'l-2017-0107) PAGE,46 EXHIBIT A C. Required Fundings from Unified Development Code 1. PRELLMWARY PUM- In consideration of a preliminary plait, combined preliminary and final plat, or short plat, the decision-making body shall niake the following findings: a. The plat is:in conformance with ,the Comprehensive Plan; The City Council 'finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Coinprehensive Plan Policies and Goals, Section VII, of the S'laff'Report for ntcrre irrfot�trttrti�n; b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the.subject property upon development, (,See Exhibit 8 of tire} Stcrff'Reportfor wore defrlily ftom public service providers, j c. The platis in conformance with scheduled public improvements' in accord with the City's capital improvement program; Because City water and sever and oily other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public fin tin cial capabill ty of supporting services for the proposed development; The City Council leas determined thatthere is,publie ftrindal capability of .supporting services for the proposed development based on comillents provided from the public service providers (i.e., Police, Fire, ACHD, etc;); (See Exhibit B for more detail:) .e. The development>will not be detrimental to the public health, safety or general welfare and The City Council finds there is not any health, safety, or environmental problems associated with the platting of this property, ACHD considers road safety issues in their analysis, f The development preserves significant natural, scenic or historic features. Tile City Council is unaware of tiny significant natural, Scenic or historic features tKat exist on this site. 2, COnnt'1'10 AL USL� Pr�,rt�'VttT (UDC 11 -5S -GIS) The. Commission and Council shall base Its determination on the Conditional Use Permit request upon the following: 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 the subject property is large enough to accommodate the proposed use and the dimensional & development regulations or the C -G district (see Analysis Section IX for more information), Brickyard Sub — CUP, PP, MDA (H-2017-0107) PAG13, 47 EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council Finds, that the proposed use is consistent and harmonious with the UDC and Comprehensive Plait Future Land Use Map designation of Commercial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses its 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 Saint, area. The City C:ouncil;finds that if the applicant complies with the conditions outlined in this report; the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended 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 if the applicant complies with the conditions outlined if) this report, the'proposed'use will not adversely affect other property in the area. 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 rinds that sanitary sewer, domestic water-, refuse disposal, and irrigation are currently available to the subject property. The City Council finds that the proposed use will be served adequately bysaII of the public facilities and services listed above. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the econornie welfare of the community. If approved, the applicant will be finan6ng any improvements required foie development, The City Council finds there will not be excessive additional requirements at public cost Rind that the proposed use wilt not be detrimental to the conwmunity's. econotitic welfare. g. That the proposeduse 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, fu tiles, glare or odors. The City Council heeds the proposed use will not be detrimental to any persons, property or the general welfare of the area. 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 tends that there should not be.any health; safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will .not result in the destruction, loss or damage of any natural, scenic or histori . feature of major importance,