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Gramercy Commons MDA H-2021-0022 (2022-001214) ADA COUNTY RECORDER Phil McGrane 2022-001214 BOISE IDAHO Pgs=20 CHE FOWLER 01/05/2022 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Intermountain Pacific,LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 4th day of January 2022 - - - .("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 Intermountain Pacific LLC,C'OWNER/DEVELOPEW')whose address is 2451 E Gala St, Suite 310,Meridian, ID 83642. RECITALS A. OWNERS and/or DEVELOPER have submitted an application for a Modification to the Development Agreement recorded August 31, 2006 in Ada County Records as Instrument No. 106141056(Kenai Subdivision DA)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units on the property listed in Exhibit"A". B. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"B". C. CITY and OWNER/DEVELOPER now desire to amend said Development Agreements,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement known as Kenai Subdivision, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 9. _4 ofte desigm. fe*iew-sha4l.be 6051-1 11 - 13. Future development of the proposed age restricted multi-family development on the subject C-G zoned properties shall be substantially consistent with the approved site plan,unit count,open space and amenities,and future approved elevations(the submitted elevations are not approved;future elevations will be ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022-GRAmERcy Commom-MDA Page 1 of 4 Item#16. reviewed via Administrative Design Review with a future Certificate of Zoning Compliance application for the overall site development). 14. The multi-family units within this project shall be age-restricted to 55 years and older,per the Applicant's proposal. 15. Applicant shall connect to the regional pathway system along the southern property boundary by constructing at least one(1)pedestrian crosswalk across the drive aisle with either stamped concrete,brick pavers,or similar to clearly delineate the pedestrian connection to the pathway system. 16. Future development of the northernmost property (1873 S. Wells Avenue; Parcel#R3238510240)shall NOT include any multi-family development and shall be limited to commercial uses (including vertically integrated development) unless a future application is made to allow residential development. The foregoing shall not preclude the joint use of parking areas and utility installations by the subject property and Parcel R3238510240. An updated concept plan for Parcel R3238510240 may be required when it develops if such proposal is inconsistent with existing approvals. 17. Prior to Certificate of Zoning Compliance approval, a Property Boundary Adjustment shall be obtained by the Applicant to reconfigure the lots consistent with the proposed site plan. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision ofthis Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City,to a duly adopted ordinance or resolution of City. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022—GRAMERCY COMMONS-MDA Page 2 of 4 Page 377 a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: Intermountain Pacific,LLC By: Mike 64iele Aaron Elton CITY OF MERIDIAN Attest:��, SFAI Mayor Robert E4 son 1-4-2022 Chris Johnso ity Clerk'" ""=2022 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022—GRAMERCY Commons-MDA Page 3 of 4 Page 376 STATE OF IDAHO ) ) ss. County of Ada ) Aaron Elton On this 2;?- day of '[)eCem her , 2021 efore me,the undersigned, a Notary Public in and for said State,personally appeared ike Qk i Pip"Oepknown or identified to me to be the of Intermountain Pacific,LLC,the person who executed the instrument on behalf of Ad entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. P114 AZ CARISSA taleTAT Not Public for Idaho Notary Public-State of Idaho �' Commission Number 202004356 Residing at: Mr ridaan i Ili My Commission Expires Nov 5, 2026 My commission expires: ls)Ov • STATE OF IDAHO ) ss County of Ada ) On this 4th day of January 2022 , before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE ) CHARLENE WAS' Notary Public for Idaho COMMISSION#67390 NOTARY PUBLIC Residingat: Meridian, Idaho STATE OF IDAHO Commission expires: 3-28-2022 MY CbMMISSICIN EXPIRES 3128122 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022-GRAMERCY CommoNs-MDA Page 4 of 4 Page 377 Item#16. 3153 McNeil Drive KELLER Idaho Falls,ID 83402 ASSOCIATES ' 208-542-6120 EXHIBIT"A' Lot 1, Block 3, of Gramercy Subdivision No. 1 according to the plat thereof, filed in Book 99, of Plats Pages 12619 and 12622 also a portion of lots 44 and 45, Block 3 of Gramercy Subdivision No. 2 filed in Book 100 of Plats, Pages 12,961-12,962 records of Ada County, Idaho situated in the NE 1/4 of Section 20, T 3 N, R 1 E, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Beginning at SW Corner of said Lot 45 a found 5/8" iron rod with plastic cap marked "PLS 4431", thence along the westerly line of said Gramercy Subdivision No. 2 N 00°24'04"E, the Basis of Bearing of this description, 507.32 feet to a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence N00°24'04"E, 287.00 feet to the NW Corner of said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S89°35'56"E, 320.88 feet to the NE Corner of said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S00°13'58"E 287.02 feet to the SE Corner said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S89°35'56"E, 90.33 feet to the NE corner of said Lot 44, Block 3, marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S00°13'58"E, 507.35 feet to the SE Corner of said Lot 45, Block 3, marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence N89°35'56"W, 420.00 feet to the Point of Beginning. Subject to all easements of record. Said parcel contains 6.98 acres. Ov o 0 n. E- LP O 1A S TT;�' Page 380 GROWING POSSIBILITIES ' EXHIBIT B Item#16. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION&ORDER q H In the Matter of the Request for Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst.#106141056)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. Case No(s). H-2021-0022 For the City Council Hearing Date of: May 25, 2021 (Findings on June 8, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 25, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 25,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#11-2021-0022) - 1 Page 381 Item#16. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 25,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 25, 2021, 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 11-6B-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 segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. 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 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 I I- 6B-7C). 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 forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1) two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -2- Page 382 Item#16. determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-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 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of May 25,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -3- Page 383 Item#10. By action of the City Council at its regular meeting held on the 8th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -4- Page 337 item#�s. EXHIBIT A STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/25/2021 legend RUT C_�/ DATE: L-O Project Location FEII TO: Mayor& City Council C~C I'L CI ;G- FROAM: Joseph Dodson, Associate Planner C G RI C-G C 208-884-5533 C-C- e o C-C L-O SUBJECT: H-2021-0022 C'G C-CI Gramercy Commons MDA R-8 R-40. LOCATION: The site is located at 1873, 1925, and ERR TN-R 1A 4 � 2069 S. Wells Avenue, in the NW ' _4 R-15 of the NE 1/4 of Section 20, Township R1 3N., Range lE. jUT �,f : CiC- I. PROJECT DESCRIPTION Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst. #106141056) for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. II. SUMMARY OF REPORT A. Applicant: Mike Chidester,Intermountain Pacific,LLC—2541 E. Gala Street,Meridian, ID 83642 B. Owners: St. Luke's Regional Medical Center,LTD.; The Dagney Group,LLC, and; Elton Family Fund 1, LLC C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Kenai Subdivision Development Agreement(Inst. #106141056) to amend the existing concept plan for the subject commercial lots and incorporate a new development plan with a multi-level, 164 age-restricted unit multi-family development. See Section V for Staff s recommended new DA provisions related to the proposed development. History: The subject sites were annexed in 2006 under AZ-06-007 (Kenai Subdivision) and platted under PP-06-019 and FP-06-048; the preliminary plat was approved with single-family detached, single-family attached, multi-family, and commercial building lots. The subject development is Page 1 Page 385 ►tem#�s. EXHIBIT A proposed across three(3)of the commercial properties that directly abut Mountain View High School— in reality,the new development is proposed primarily on the two southern properties and only a drive- aisle and parking are proposed to cross the property line of the northernmost site. The original approvals required a cross-parking and cross-access agreement for all lots within the subdivision; Staff understands this agreement to be recorded and in place for the subject sites. The Applicant is proposing to amend the existing DA rather than enter into a completely new DA in order to show good faith in the original agreement and to remain part of the overall Gramercy Development, including maintaining the cross-access/cross-parking agreements. Because the Development Agreement(DA) does not include multi-family in this location, an MDA is required and is why the Applicant is requesting one. Concurrently, multi-family residential is a conditional use within the C-G zoning district and the Applicant has applied for said permit which is scheduled to be heard by the Planning and Zoning Commission on 6/03/2021, following the decision by Council on this DA Modification. Staff will analyze the proposed development in more detail with that report; Staff s review at this time shows the Applicant is compliant with or exceeds code requirements in parking, open space and amenities, and dimensional standards for the proposed use within the C-G zoning district. Concept Plan: The existing concept plan within the DA only depicts the three subject lots as commercial lots but does not depict any building footprints or any other development on the lots. The only development depicted on the existing concept plan around these lots are the multi-use pathway along the southern property line and the associated pathway landscaping. The pathway and required landscaping are already installed in this area of the site. See Exhibit B for the existing concept plan found within the original Development Agreement. The new development plan depicts a singular, multi-level, age-restricted (three and four stories in height) multi-family apartment complex that is wrapped around a parking structure—the parking structure is proposed to contain a majority of the required parking spaces.Around the proposed building the new development plan depicts a drive aisle that circles the entire structure and includes two areas of surface level parking located on the east and north sides of the proposed building that contain the remaining required parking. The drive aisle that circles the building is intended to be for Fire and EMS but Staff is unaware if the drive aisle will be closed to resident traffic as well.In addition to the building, the new development plan depicts multiple areas of open space and amenities located along each side of the building to include: a pool and other amenities within a south courtyard; an entry plaza along the east side of the building; fire-pits and lounging areas along the west, and; a community garden and pickleball court along the north side of the building.All of the open space and amenity areas appear to be connected with sidewalks and to be easily accessible by future residents. The submitted elevations are for illustrative purposes and further refinement is necessary to comply with the Architectural Standards Manual and other design elements of buildings already constructed within the Gramercy development. Access: The subject sites are internal to the Gramercy development and only abut a short segment of public road along the southern boundary of the site (E. Goldstone Street); all of the sites are currently undeveloped and do not have any accesses constructed on-site.However,to the north and east,adjacent sites are developed and have constructed portions of drive aisles for their access to S. Wells Avenue. As seen on the proposed development plan, the Applicant is proposing to connect to these three (3) drive aisles to provide access to the apartment complex: one to the north connecting to an existing drive aisle and commercial property and two to the east to connect to S. Wells Avenue. ACHD does not act on Development Agreement Modifications but has provided a response letter with the concurrent Conditional Use Permit application. In their response letter, ACHD has noted that no improvements are required to any adjacent or nearby public roads and did not require a Traffic Impact Page 2 Page 386 ►tem#�s. EXHIBIT A Study because the development is not estimated to generate enough peak hour vehicle trips, despite proposing over 100 apartment units. Staff verified with ACHD that the estimated trip generation of the development does not change whether the units are proposed as age-restricted or not. In addition, ACHD has noted that all adjacent public roads are over-built and are capable of handling additional vehicle trips without issue. Because of these reasons provided by ACHD Staff is supportive of the proposed development in regards to its transportation impact. Nonetheless, Staff understands the traffic along Overland Road(the closest arterial street to the north) is worsening and any additional traffic will exacerbate the problem. The development would also have easy vehicular access to the east to Eagle Road in three different places via commercial collector streets. One of the commercial collectors also provides an additional access point to Overland Road which should lessen the burden placed on the intersection of Overland Road and S.Wells Avenue. In addition to vehicular access, the site abuts a segment of multi-use pathway that the Applicant is proposing to connect to. This multi-use pathway runs along the southern project boundary and continues both north and south. To the north, the pathway runs along S. Wells and connects to the arterial sidewalks along Overland Road. As the pathway heads south, it runs along the Mountain View High School property and then connects to a public park, Gordon Harris Park; the pathway then continues into the neighboring single-family development further to the south. Staff finds proposing an apartment complex in this area of the City in close proximity to commercial development, child care/charter school, and established regional pedestrian facilities warrants a Development Agreement Modification and support of the proposed development. IV. DECISION A. Staff. Staff recommends approval of the modification to the DA(Inst. #106141056)as recommended by Staff s analysis above and with the specific changes below. B. The Meridian City Council heard this item on May 25,2021.At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summaru of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative- b. In opposition:None C. Commenting: Hethe Clark: Mark Sindell,Project Architect: Tiina Ritual,Project Architect: d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Will the amended DA be tied to the submitted site plan?—Yes. b. Clarification on what spaces will be allowed for cross-parking in the overall Grammercy development. C. Clarification on the proposed DA provision language change and the term"joint-use facilities." 4. City Council change(s)to Commission recommendation: a. Work with Planning and Legal Staff to ensure proper language on the DA provision requested to be revised by the Applicant. Page 3 Page 387 item#�s. EXHIBIT A V. EXHIBITS A. Development Agreement provisions from the existing DA(Inst. #106141056): Existing Provisions: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT(AZ 06-021)KENAI SUBDIVISION PAGE 3 OF 1 I Page 4 Page 388 ttem#�s. EXH I BIT A 1. All future uses shall not involve uses,activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 2. That all future development of the subj ect property shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code(UDC),in effect at the time of development. 5. That the ownerldeveloper will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance Section 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That development of the residential and commercial lots,along with the orientation and relationship to the street,particularly the auto court,shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27,2006. 8. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40'in height. 10. That the owner/developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C-G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E.Overland Road. 11, That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2,035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. Page 5 Page 389 Item#16. Page 390 ►tem#�s. EXHIBIT A B. Existing DA Concept Plan(Preliminary Plat): CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE or6/27/2006 Exhibit Al: Preliminary Plat dated#faoh-10 Revised June 27,2006 POOR COPY Subject Sites al i9 y y �-aco---- ,tl o i �7: lN�•nra -'III�' �� ;�� a l B YtOidI SQBDIPffii N s FO aiavui-a,tom aci *^ •� twr.t r b Kenai Subdivision Exhibit A Page 1 - Page 7 Page 391 item#�s. EXHIBIT A C. Proposed Development Plans: L)_ m a o en z 3 Z p 3 w � x � - o — a o � z n 3 A 507 32' --..—..—..—..—..—..—..—..—..—..—..—..—..—..—. .. ..............- Him Department Access ----- -- ------------- o � o 0 8 G1 _ LJ_LJ-L�L�W o o III ��7�I��� o - IIIIII III I II Aar ssor� o �LK A z 3 507 3. 0 0 s weosA— S 0 A - 9 — n 0 a a Go Page 8 Page 392 ttem#�s. EXHIBIT A SECTION 05 CONTEXTVIEW Mountain View High School Y r � - P Nng Garage 'r rit Deparlmenl Access �&, ' —``'\ t�r .f.- ��'� rr,nyPlaza Es r rp�i:�l The Goddard School otMerldlan O SECTION 07 LANDSCAPE PLAN TREEiEGEND av«irg<nwppk PROJECT INFORMATION _ a5 2 .' Tteraare no eXst ng natural features,.axstng buldngs,or fS T exis[ng trees vnth[runks 9re1[eri11n4 ncheson theste. Street Trees seeTree SP-1Mx 14 rPF�" � � �� T� Street BURers:n(a t'C � I��Cu�� Parkin lot ter lantlsca estri 10'g perime p p: flI 9 aea Maple BufferwidthbetweendifrereMlanE uses:10' -- � k 'tJ Numberol parking stalls and percent of parking area with internal landscaping:]t surface stalls locatetl along Internal circulation routes,no more than 12 stalls between landscaping t�_�AA Total number oftrees antl tree species m'oc:94(see Tree Species I" V Residential 3.1din9 M'p� V Ya &Parking Garage o-t O Ersry Plaza © South CovtyaM OCommrnXYGatden ,�' '" © Recreatbn Court Garage Emry&Servk¢Caun •L O Fire Wpartmem Access Fmen ies Building O 8'x10'ResNential Patlo Typ. _ ©—.C.—MG—H.—Ilk Y Pedestrian Connexion to existng residential i L Gmmercy Commons I Meridian.ID I C Witional Use Permit Application 103.23.2021 66LO lz Page 9 Page 393 item#�s. EXHIBIT A D. Conceptual Building Elevations: (NOT APPROVED) SECTION 04 1 ELEVATIONS Metal Panel mpsamg Brick EAST ELEVATION r xwraa cgrlerare Metal Panel Lap—g Brinck n V a0 ea u� oe 1 99- q lily, SOUTH ELEVATION Gramercy C<.—I MeaMif ID I end i—Use—it Applkrtion 103.23.2021 GG{A 7 SECTION 04 ELEVATIONS Metal Panel SNccg Lap&ding WEST ELEVATION err L 90 98 8 91 1991 9891 99 �1� II NORTH ELEVATION Gn my mmorrs I Mercian,ID I cnna i—Use Permit Appltatme 103.2-21 GGLO a Page 10 Page 394 r „s 1 F ( =�'J i,�� i I l t P �lt~. _ �A._._`_ _P. m •1- _����I�I�i��k��. ■`� — Eia.__ �i� s a�>• .� a SOUTH COURTVAftD •