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Village Apartments AZ-15-011, MDA 15-012) (re-record 2022-065403) ADA COUNTY RECORDER Phil McGrane 2022-065403 BOISE IDAHO Pgs=60 BONNIE OBERBILLIG 07/21/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D.Rich 2017-121321 BOISE IDAHO Pgs=12 VICTORIA BAILEY 12/20/2017 09:34 AM CITY OF MERIDIAN, IDAHO NO FEE Re-record to correct scrivener errors and document completeness DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this jL day of 'a Q, Q WhV1L , 20 1 q, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments, LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada,State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in frill, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 0.38 acres of land from the RUT zoning district in Ada County to the C-G (General Retail and Service Commercial)zoning district(as described in Exhibit"A"),under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer has also submitted an application to modify existing Development Agreement Instrument # 104129529 to remove the property described in Exhibit "B" from said Development Agreement and requested it be bound with the terms and conditions of this Agreement. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the PAGE 1 OF 8 DEVELOPMEN'r AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 I,MDA 15-012) Re-record to correct scrivener errors and document completeness DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this_[ day of 'p p�Q WbQj,� , 20_n, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments, LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in frill, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 0.38 acres of land from the RUT zoning district in Ada County to the C-G (General Retail and Service Commercial)zoning district(as described in Exhibit"A"),under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer has also submitted an application to modify existing Development Agreement Instrument # 104129529 to remove the property described in Exhibit "B" from said Development Agreement and requested it be bound with the terms and conditions of this Agreement. 1.6 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the PAGE 1 OF 8 DEVELOPMEN'r AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 I,MDA 15-012) Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.7 WHEREAS,the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 2nd day of February,2016 1.8 WHEREAS, on the 8"' day of December, 2015,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"C"; and 1.9 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.10 WHEREAS,Owner/Developer deems it to be in its bestinterestto be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.11 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011,Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and governunent subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, 3.2 OWNER/DEVELOPER: means and refers to GFI—Meridian Investments, DEVELOPMENT AGREEIVIENr-VILLAGE APARTMENTS(AZ 15-0 11,MDA 15-012) PAGE 2 OF 8 LLC, whose address is 74 East 500 South, Suite 200, Bountiful, UT 84010, the party that is developing said Property and shall include any subsequent developer(s) of the Property. i 3.4 PROPERTY: means and refers to that certain parce](s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned C-G (General Retail and Service Commercial) and the property described in Exhibit"B"that was previously bound by Development Agreement Instrument # 104129529and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.2 No change in the uses specified in this Agreement shall be allowed without r modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan,landscape plan and building elevations included in Exhibit A of the Staff Report attached to the Findings of Fact attached hereto as Exhibit "C" and the conditions of approval included in Exhibit B of the Staff Report attached to the Findings of Fact attached hereto as Exhibit"C" c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11-3A-6A. d. A 35-foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor,with the second phase (commercial portion) of development; and a 20-foot wide street buffer is required to be constructed along N. Records Avenue, a collector street,with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11- 311-4C. These improvements are required to be constructed with the second phase(commercial portion) of development and prior to issuance of the first Certificate of Occupancy for that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25-foot wide buffer is required to be installed adjacent to the residential uses in DEVELOPMENT'AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE 3 OF 8 accord with the standards listed in UDC 11-313-9C,unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACHD). 6. COMPLIANCE PERIOD: This Agreement must be fully executed within two(2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, Which shall include, without limitation,acts of civil disobedience,strikes or DEVELOPMENT'AGREEMENT-VILLAGE APAR'rIVIENTS(AZ 15-01 1,MDA '15-012) PAGE 4 OF 8 similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and j conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation ofthe duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. Id. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail,registered or certified mail,postage prepaid,return receipt requested,addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue: DEVELOPMENT AGREEMENT-VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE,5 ol--8 Meridian, Idaho 83642 Meridian, ID 83642 OWNER/DEVELOPER: GFI—Meridian Investments, LLC 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer,each subsequent owner and any other person 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 hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. G 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written; express,or implied, between'Owner/Developer and City, other than as are stated herein. DEVELOPMENT AGREEMENT-VILLAGE APARTMENTS(AZ 1 S-O 11,MDA 15-012) PAGE,6 or 8 i I Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to 4 this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. E 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property 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 K notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in 4 connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A,B, and C follow] IL G i ACKNOWLEDGMENTS t IN WITNESS WHEREOF,the parties have herein executed this agreement and made t it effective as hereinabove provided. OWNER/DEVELOPER: c GFI—Meridian Investments, LLC By: 3 i li fe E CITY OF MERIDIAN PORArF ATTEST: o� oq GN o By: Mayor T nr de Weerd ins— S�q °�H Col City Clerk L she TREASUVgk'-- DEVELOI'I rNT AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE 7 OF 8 1 STATE OF :kph ) : ss: J County of /� ) On this-L day of eccw�be< 20 I ,before me,the undersigned,a Notary Public in and for said State,personally appeared `�EV�2 Co�4S5F_2 ,known or identified to me to be the l"1 ANA6- E R, of GI+I-Meridian Investments,LLC,and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��rrtu4lrrlrl�<o f �,>>�'poll (SEAL) w �'° e �pTARY •e ®_ Notary Public • ° m Residing at: ° rID PUBLIC ' My Commission Expires: �f>lllfilfl1i11��1 Z I STATE OF IDAHO ) ss County of Ada ) On thin-/'"( day of nPro nlbLE 20a before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles,know 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. 1N WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .02, Notary Public for Idaho Residing at:�DJI YI • Commission expires: • ;9 IC •. � IITA�•�• '••Volvo•$ DEVELOPMENT AGREEMENT—VILLAGE APARTMENTS(AZ 15-01 1,MDA 15-012) PAGE OF 8 I EXHIBIT A. Legal Description and Exhibit Map for Proposed Annexation July 28,2015 Legal A parcel of land located in the SW1/4 of the NW1/4 of Section 4,T.3 N., R. 1 E., S.M., City of Meridian,Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0135'47"West,coincident with the west line of the NW1/4 of said Section 4,a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89019'30"East, 185.00 feet; Thence South 01135'47"West,parallel with said west line of the NW1/4 of Section 4, a distance of 90.00 feet; Thence North 89*19'30"West, 186.00 feet to said west line of the NW1/4 of Section 4 a distance 185.00 feet; Thence North 0°35'47"East, coincident with said west line of the NW1/4 of Seet(On 4,a distance of 90.00 feet to the POINT or BEGINNING. The above described parcel contains 0.38 acres more or less. �Rt�NQ earl Porter, PLS Bate End Description a z � o 4F P cc) 4 I I EXHIBIT A 32 33 E. USTICKROAD T.4 N. 5 �4 _.,. . . T.3 N. sw O tx LU M M ri Q N � n N I� 1 t S 89°19'30"E 185.00' LU 0.38 Aa.�E w 9 to OkN!L LA 0 0 N Gay N 89049'30"W 185,00, 14 $Y '' oLU � z 5 4 I W 114 F'ND BRAGS CAP E. RIVER VALLEY ST. �4Ts Prsn��cr: oWr4worvFcop�>3: owca 2i00 N. EAGLE ROAC, BART L.BRYS014 2D$d S.WASf�( ID 83617 ,F�a.. �.., EM11?ETT,117838i7 15665 VILL AGE COMPLEX P:(205 398-8104 PRat cry APN S1 i N-2336`2 F.'(208)398-8105 t5ens ANNEXATION MAP nn7e: WWIN.SAWTOOTHMCOM t oFt i I Village Apartments MDA-1 5-01 1;AZ-15-012;CUP-15-019 PAGE 41 I i i s f r E c s I 142 1 a OF ��RL PO4j�Q EXHIBIT Fj LEGEND ",t--- �R��'-" K; SVU11GAmov1 ...—.1rN WsaA.pMo'+- O mwtrxMl.vmraal Vna III lJ4VS'IKK[iW w f Ayr"cr':,c �pg' •• ....�`A''I ?^`"" 2 ,,..Q...,.w.n.,..r �rrescaaruwrm.taw.rlur aii i ; M1.zrrw�nr.w..A.w>QrAea u 9 1 pp ryg �� i� 1 RlPPJ7PNGEB >lI of � 1 �� j tgA;a rw�taA+CrArmslrrat[EYIlGtYSiA0Y.6f z�k 1 P])50VMCAPmr.C'1�utalRAteAaoreoNM.rkAt. .rn I saxfa orrula.urfs+¢AwocwnMcaVJ 1 CERnnciTEOF0vnyr= B � tClm RYnCRCOWidC YCL17E1'Ml1�ANAlRtYC6A0W1 W0%MtriA i ,`4�f I i �uv�iYrGirfM��i�YiWIGtYx�rt�Ot�� `�-�T"'�. n�r,+l o�iiAr<'uanwar�rxarois�iK/iii�txw�wt � N\��o I �tn�rmrmm�en aer.r,»am�. i 1 "Ira SURVEY1hVEN PdP.3ffd-/J-O-0PN EI+sn,us r 2030 S.WASHIhUTP'1A EAAfErr.to 63617 <?!t EfMRvrecevsr. 12M),IM-0104 FAI((Z09)303-0105 tnwrsatrroo»1cs.cwe rs. `irw•-1 �� a rtu Village Apatiments MDA-15-011;AZ-15-012;CUP-ls-mo EXHIBIT C CITY OF MERIDIAN RIDIAM� FINDINGS OF FACT,CONCLUSIONS OF LAW C>WE AND DECISION&ORDER 1 O In the Matter of the Request for a Modification to the Development Agreement to Include a Conceptual Development Plan for the Property and to Remove the Requirement for Detailed Conditional Use Permit Approval of Future Uses;Annexation and Zoning of 0.38 of an Acre with a C-G ZoningDistrict; and Conditional Use Permit for a Multi-Family Development Consisting of � Y P g 336 Dwelling Units on 16.68 Acres of Land in a C-G Zoning District,by DevCo. Case No(s).MDA-15-011;AZ-15-012; CUP-15-019 For the City Council Hearing Date of-December 1,2015(Findings on December 15,2015) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 1,2015,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 1,2015,incorporated G by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 1, 2015,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 1,2015,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof.The City of Meridian has,by ordinance,established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).NIDA 15-011;AZ-15-012;CUP-15-019 -I- 5 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 1,2015,incorporated by reference.The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code§ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. 3. The applicant's request for conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 1,2015,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted,shall be valid for a maximum period of two(2)years unless otherwise approved by the City.During this time,the applicant shall commence the use as permitted in accord with the conditions of approval,satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use 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 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 Two(2)Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two(2)years of the City Council granting annexation and/or rezone(UDC 11-5B-3D). 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 two(2)year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 .2- 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision conceiving the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code §67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 1,2015 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 -3- i r I By action of the City Council at its regular meeting held on the day of 2015. 2016 COUNCIL PRESIDENT KEITH BIRD VOTED _P— COUNCIL VICE PRESIDENT JOE BORTON VOTED r COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDV G� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LU,'E CAVENER VOTED P — COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) a eerd Attest: l0Rc��,,rl� f Cary of E ICIAAN& iDAtiO Jayceedlolman SPA c City Clerk 'tie 76E A5�0 Copy served upon Applicant,The Planning Division,Public Works Department and City Attorney. By: Dated: City Cf, CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).MDA-15-011;AZ-15-012;CUP-15-019 -4- STAFF REPORT HEARING DATE: December 1, 2015 E IDIAN-�' TO: Mayor& City Council FROM: Sonya Watters,Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: MDA-15-011; AZ-15-012; CUP-15-019—Village Apartments I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, has submitted an application for a modification to the existing development agreement (MDA), annexation and zoning(AZ), and conditional use permit(CUP). A modification to the existing development agreement(Instrument No. 104129529) is proposed to include a conceptual development plan for the property and to remove the requirement for detailed conditional use permit approval of fixture uses. The applicant proposes to annex and zone 0.38 of an acre of land from the RUT zoning district in Ada County to the C-G zoning district in the City. The conditional use permit is for a multi-family development consisting of 336 dwelling units on 16.68 acres of land in a C-G zoning district,as required by UDC Table 11-2B-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA,AZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning& Zoning Commission heard these items on November 5,2015.At the public hearing,the Commission moved to recommend approval of the subiect AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant's Representative ii. In opposition: None W. Commenting: Martin McWilliams; Brenda Ross; Dick Ross; Mark Rogers; Ann Sorensen iv. Written testimony: Jim Conger,Applicant's Representative v. Staff presenting application: vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Concern in regard to the proiect's compliance with open space standards. c. Key Commission Changes)to Staff Recommendation: i. Modify condition #1.1.5 as follows: "A 35-foot wide buffer and l0-foot wide pathway is required to be constructed along N. Eagle Road,an entryway corridor,with the second phase(commercial portion) of the development; and a 20-foot wide buffer is required along N. Records Avenue, a collector street,with the first phase(residential portion) of the development and prior to issuance of the first Certificate of Occupancy for each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC l 1-3B-7C." Village Apartments 1\4DA-15-011;A7--15-012;CUP-15-019 PAGE 1 ii. Include a new condition requiring the existing structures on the site to be removed prior to issuance of the first Certificate of Occupancy for the site(see condition #1.1.9). d. Outstanding Issue(s) for City Council: i. None The Meridian City-Council heard these items on December 1.,2015,At the public hearing,the Co-uu-ci:LagDrQYecL>16-.sulj-ec-L 'LDA,.AZ_andCU1P r u >t. a. Summary of City Council Public Hearing: L Li-favor_,Iim. r_ ii. In onnosition: None iii. Commenting: Steve Smylie iv. Written testimony: None v. Staff$resenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: L The timing for construction of the street buffer and sidewalk along N. Eagle Road. c� Key Council Changes to Staff/Commission Recommendation L Nome III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA-15- 011, AZ-15-012 and CUP-15-019, as presented in the staff report for the hearing date of December 1, 2015,with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA-15- 011, AZ-15-012 and CUP-15-019, as presented during the hearing on December 1, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers MDA-15-011, AZ-15-012 and CUP-15-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: MDA & CUP: The site is located at 2600 N. Eagle Road, in the NW '/4 of Section 4, Township 3 North, Range 1 East. (Parcel No. S 1104233710) AZ: The site is located at 2700 N. Eagle Road, in the NW '/4 of Section 4, Township 3N., Range IE. (Parcel No. S1104233642) B. Applicant: DevCo 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: Bart Bryson 2600 N. Eagle Road Village Apartments 1\4DA-15-011;AZ-15-012;CUP-15-019 PAGE 2 Meridian, ID 83646 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification, annexation and zoning, and conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on the AZ and CUP requests; and before the City Council on the MDA request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 19 and November 2, 2015 (Commission); November 9 and 23, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); November 6, 2015 (City Council) D. Applicant posted notice on site(s) on: October 27, 2015 (Commission); November 20, 2015 (City Council VI. LAND USE A. Existing Land Use(s): The annexation area consists of a residential parcel,zoned RUT in Ada County; and another related undeveloped parcel, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Various retail/restaurant/commercial uses and land approved for a multi-family residential development(Verraso), zoned C-G South: A restaurant(Great Wall), zoned C-G; and land approved for multi-family residential apartments(Regency at River Valley Phase 2), zoned R-40 East: Rural residential properties, zoned RUT in Ada County West: N. Eagle Road; undeveloped property, zoned C-G; and single-family residential property, zoned R-2 C. History of Previous Actions: The 16.44 acre portion of this site that makes up the MDA and CUP applications was annexed in 2003 (AZ-03-021,Redfeather Estates No. 2)with a development agreement (Instrument No. 104129529) as a pathway of annexation for the Redfeather Estates development to the east. This site has remained a residential/agricultural property since that time. A property boundary adjustment(PBA-14-005)was approved in 2014 which reconfigured the southern boundary of this site. The record of survey was recorded as #9983. D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject site currently exists at the southwestern corner of the project along the White Drain. 2. Location of water: A Water main intended to provide service to the subject site currently exist at the southwestern corner of the project along the White Drain. Additional mains are either planned or are currently being installed adjacent to the north boundary, south boundary, and east boundary. 3. Issues or concerns: None Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 3 E. Physical Features: 1. Canals/Ditches Irrigation: The Milk Lateral crosses the northeast corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as Mixed Use - Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. The subject property is located adjacent to N. Eagle Road,between E. Fairview Avenue and E. Ustick Road,both major arterial intersections. The proposed multi-family development will integrate with the existing and future multi-family housing,retail,restaurant and commercial uses in the area and support these uses. The site is located within a '/4 mile of The Village and Kleiner Park which provide a regional draw. This site is proposed to develop with high-density residential uses at a gross density of 29.5 dwelling units per acre(d.u./acre). The proposed development consists of 336 dwelling units on 16.68 acres of land.The proposed use should contribute to the mix of housing opportunities in this area adjacent to retail, employment and restaurant uses near major intersections(N.Eagle Road&E. Ustick Road and N. Eagle Road&E. Fairview Avenue), consistent with the plan for MU-R designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-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) The proposed high density multi-family residential development will contribute to the variety of housing types available within this part of the City and offer rental options for 1 and 2 bedroom units. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF) City sewer and water services are available to be extended to the subject property with development of the site. "Require appropriate landscaping and buffers along transportation corridor(setback, vegetation, low walls, berms, etc.) A 35 foot wide landscaped street buffer is required along N. Eagle Road, an entryway corridor; and a 20-foot wide buffer is required along the future extension of N. Records Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 4 Avenue, a collector street. Commercial pads are proposed along the frontage of the site on Eagle Road;therefore, berms or walls aren't necessary as a buffer from the state highway. "Protect existing residential properties from incompatible land use development on adjacent parcels."(3.06.0IF) The proposed multi-ramily residential development should be compatible with existing and future multi family residential uses to the north and south. There are three rural residential properties to the east across from this site but the homes are located approximately 600 feet from the east property line of the site; therefore, the proposed development should not directly impact these residences. "Encourage infill development."(3.01.02B) The 0.24 of an acre parcel proposed to be annexed is an enclave surrounded by City annexed land; the remainder of the site is undeveloped. Development of the subject property will allow city services to be extended to this site as planned. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The applicant proposes one access for the site via N. Records Avenue, a collector street, along the east boundary of the site; no direct access via N. Eagle Road/SH 55, an arterial street and state highway is proposed. The other accesses proposed are via cross-access easements from adjacent properties to the north and south. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(3.07.02C) Internal pedestrian pathways and sidewalks are proposed within the multi family portion of the development. Pedestrian connections should also be provided between the residential and future commercial development to the west and the residential developments to the north and south. "Locate high-density development, where 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 high-density development is located near a major access thoroughfare [N. Eagle Road (State Highway 55), E. Ustick Road and E. Fairview Avenue] and is within walking distance of Kleiner Park, a 60 acre City Park, and The Village at Meridian shopping center to the south. "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed I and 2 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. "Provide housing options close to employment and shopping centers."(3.07.02D) This site is located along a major retail/commercial corridor(Eagle Road) within the City. High density residential development is desired in this area to support the employment and Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 5 retail/restaurant/commercial uses. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MU-R designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 1 1-213-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Properties within the C-G district are typically in close proximity and/or have access to interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office, service, and light industrial uses. B. Schedule of Use: Unified Development Code(UDC)Table 11-2B-2 lists the permitted, accessory,conditional, and prohibited uses in the C-G zoning district. The proposed multi-family development is listed as a conditional use. The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to development of this property. Retail and restaurant uses are listed as principal permitted uses in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping Standards(UDC 11-313): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in1 1-4-3-27C and 1- 4-3-27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. IX.ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION(MDA):The existing development agreement (DA)(Instrument No. 104129529) for the subject property requires, "Any future uses of the property to be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either of the subject parcels." The applicant requests a modification to the DA to remove the requirement for CUP approval of all uses and to include a conceptual development plan for the property.A CUP would still be required for uses that are listed as a conditional use in the C-G district per UDC Table 11-2B-2. The applicant also requests to include the 0.24 of an acre parcel included in the concurrent annexation and zoning request in the DA as part of the modification. The proposed conceptual development plan depicts (3)retail/commercial building pads along the frontage of N. Eagle Road; (1) retail building east of the building pads; and a multi-family development on the eastern portion of the site with associated garage and carport structures, a Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 6 clubhouse, storage units and other site amenities (see Exhibit A.2). All of the proposed uses are consistent with those desired in MU-R designated areas. As required by the DA,the proposed concept plan depicts a private backage driveway parallel with Eagle Road/SH 55 at the rear of the commercial building pads that connects into the property to the north (an access via Eagle Road is located at the southwest corner of the property to the north); interconnectivity and transition in uses between parcels to the north and south; and access points. Staff recommends pedestrian interconnectivity is also provided where feasible. Note:A driveway connection is not proposed to the south at the southwest boundary of the site to the Great Wall property because when the Great Wall developed it was not deemed feasible or necessary to require the construction of a bridge across the South Slough because the subject property would have access via Records Avenue and Eagle Road(via the property to the north) and the Great Wall property would ultimately have access via E. River Valley Street to the south. Staff believes the future retail/commercial uses along the frontage of the site on N. Eagle Road/SH 55 will provide a buffer to the residential uses from the state highway and the proposed multi-family development on the eastern portion of the property will be compatible with the multi-family developments approved but not yet constructed to the north and south. In summary, Staff believes the proposed concept plan demonstrates interconnectivity, access, transition in uses,and the provision of a backage road as required by the DA. Therefore, staff recommends approval of the proposed modifications. Because the property governed by the subject DA also includes the Great Wall property to the south at 2590 N. Eagle Road (formerly the Schrammeck property), Staff recommends a new DA is required that is applicable only to the property that is the subject of the AZ and CUP applications per the provisions listed in Exhibit A.6. ANNEXATION(AZ): The applicant proposes to annex and zone the 0.38 of an acre parcel of land on this site that fronts on N. Eagle Road with a C-G zoning district. As discussed above in Section VII, staff believes the proposed zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the MU-R FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2,which depicts how the site is proposed to develop with a retail/commercial building pad. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement(DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-651IA. The applicant requests the subject property is included in the existing DA (Instrument No. 104129529)that governs development of the remainder of the site and also the Great Wall (flea Schrammeck) property to the south. Instead, Staff recommends a new DA is required for the subject parcel to include the land that is the subject of the concurrent CUP request, in accord with the provisions listed in Exhibit A.6. Staff has included provisions in the new DA that are still applicable to this site from the existing DA. CONDITIONAL USE PERMIT(CUP): A CUP is requested for the development of retail/commercial and multi-family residential uses on the subject 16.62 acre property in the C-G zoning district. The current DA requires any future uses on the property to obtain CUP approval. The UDC(Table 11-2B-2) also requires CUP approval for a multi-family development in the C-G zoning district. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 7 The retail/commercial portion of the development is proposed to consist of(3)retail/commercial building pads consisting of 3,500,4,000 and 7,000 square feet(s.f.) along the frontage of N. Eagle Road and(1) 14,000 s.f. retail building east of the building pads on a total of 5.23 acres of land. The commercial portion of the site is not proposed to develop at this time. The multi-family residential development is proposed to consist of 336 dwelling units within (11) 4-story structures [(10) 32-plexes and(1) 16-plex] on 11.39 acres of land on the eastern portion of the site fronting on N. Records Avenue. The units will consist of 1- and 2-bedrooms containing 500-800 s.f. and 800-1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, great room, a pool room and bike storage with a covered patio. Associated garage and carport structures, and(2) 18-bay storage unit structures are also proposed(see site plan in Exhibit A.2). All of the proposed uses are consistent with those desired in MU-R designated areas and are allowed in the C-G district; the multi-family residential use is allowed as a conditional use. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staffs comments in italics) A minimum of 80 square feet (s.£) of private useable open space is required to be provided f'or each unit. Private useable open space in accord with UDC standards is proposed for each unit in the form of private patios and balconies. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The property management office is proposed within the clubhouse; a central mailbox location is proposed within the common area by the clubhouse; and a maintenance storage area is located within the garage structure on the west side of the common area where the swimming pool is proposed. A directory map of the development should be provided at the main entrances to the development. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units contain between 500 and 1,200 square feet of living area. Therefore, a minimum of 84,000 s.f (or 1.92 acres) of common open space is required to be provided for the development. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 84,097 s.f. of common open space proposed. However, it appears area has been included in this calculation that does not meet the minimum requirements for qualified open space. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard. For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 336 units are proposed, more than 4 amenities should be provided for the site with at least one from each category (i.e. quality of life, open space, recreation). The Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 8 applicant proposes to provide the following amenities: 1) clubhouse, 2)fitness facility (in the clubhouse), 3) a swimming pool, 4) a children's play structure, 5) a bicycle repair area, and 6) enclosed bicycle storage (within the clubhouse)with the capability of storing approximately 60 bicycles, which fall under the quality of life and recreation categories. In addition to the aforementioned amenities, Staff recommends two additional amenities from the open space category are provided (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant should provide details to Staff prior to the Commission hearing on what the amenities will be. The architectural character of the structures shall comply with UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. Roof forms should be distinctive and include variety and detail when viewed from the street— sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of stucco and fiber cement horizontal lapped siding which conveys an impression of permanence and durability, with steel decks and rails and asphalt roofshingles. Windows are proposed on elevations that face common area. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls,fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan does not comply with this requirement; the plan(s) submitted with the Certificate of Zoning Compliance for the structures that face N. Records Avenue should comply with this requirement. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit— 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. Village Apartments MDA-15-011; AZ-15-012;CUP-15-019 PAGE 9 The final count of the 1- and 2-bedroom units is not yet finalized although the mix will be approximately 40% 1-bedroom and 60% 2-bedroom units. A total of 343 covered spaces and 302 open spaces are proposed. The number of covered parking stalls proposed complies with UDC standards; until final bedroom counts are submitted, staff is unable to determine if the number of open parking spaces proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 645 vehicle spaces proposed to be provided on the site, a minimum of 26 bicycle spaces are required. The applicant proposes a total of 90 bicycle parking spaces in 39 bicycle racks dispersed throughout the site in compliance with this requirement. Cross-Access: Where access to a local street is not available, the property owner is required to grant cross-access/ingress-egress easements to adjoining properties in accord with UDC 11-3A- 3A. A curb cut to the subject property from the property to the north (Southeast Corner Marketplace No. 1, fka Gateway Marketplace) exists near the northwest corner of the site for cross-access; the backage driveway proposed on this site should align with that curb cut and a cross- access/ingress-egress easement is required to be granted to that property (Parcel #R8048310100). The recently approved multi-family development (Verraso) to the north of the eastern portion of the site is required to provide a cross-access easement to this site (easement is currently in process); a cross-access/ingress-egress easement is required to be granted to that property (Parcel #R8803510210). A cross-access easement was required to be granted to this property with development of the property to the south (Regency at River Valley Phase 2) at the northwest corner of their site; the subject property is required to grant a cross-access/ingress- egress easement to that property (Parcel #51104233940) at the southwest corner of this site and staff recommends a cross-access easement is provided in alignment with the driveway shown on their approved site plan (the proposed driveway does not align). Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CUP-14-001 to change the location of the cross-access requirement to the subject property from the northwest corner of the site to near the center of the site where a driveway is proposed between two garage structures. If approved, the cross-access easement to the south would not need to be provided at the southwest corner of this site but near the current location of the stub driveway to the south instead. Traffic Calming: Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACHD). Landscaping: Street buffer landscaping along N. Eagle Road and N. Records Avenue is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along N. Eagle Road, an entryway corridor, and a 20-foot wide buffer is required along N. Records Avenue, a collector street. Landscaping is required to be installed within both of the street buffers in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C. The landscaping appears to comply with these standards. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 10 Upon development of the retail/commercial portion of the property, a 25-foot wide buffer to residential uses is provided in accord with the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council. Sidewalks: A 5-foot wide detached sidewalk is required to be constructed along N. Records Avenue, a collector street,per UDC 11-3A-17. Pathways: A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11-3H-4C.These improvements are required to be constructed with the first phase of development and prior to issuance of the.first Certificate of Occupancy for this site Waterways: The Milk Lateral crosses the northeast corner of this site and is required to be piped in accord with UDC 11-3A-6A. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Trash Enclosures: Trash enclosures(and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11-3A- 12B. Five trash enclosures are depicted on the site. The enclosures and locations should be approved by Bob Olsen,Republic Services. The overall site exhibit(sheet A1.0)does not depict the trash enclosure for Buildings G and H in the same location as the architectural site plan and landscape plan; revise plan(s) accordingly.A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures, clubhouse, garages,carports, storage buildings, and garage/maintenance building(see Exhibit A.4).No building elevations were submitted for the future commercial structures. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City's design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 11 Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning&Aerial Maps 2. Site Plan(dated: 7/24/15 & 7/30/15) 3. Landscape Plan(dated: August 2015) 4. Conceptual Building Elevations(dated: 6/23/15) 5. Existing Development Agreement Provisions 6. Proposed Development Agreement Provisions 7. Legal Description of Property Subject to Development Agreement B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Village Apartments MDA-15-01 1;AZ-15-012;CUP-15-019 PAGE 12 Exhibit A.1: Zoning&Aerial Maps .. ........ C-C ,.e mmm ma m , . F L nss "X Rul c-c RA MIN ML X- Village Apartments MDA-15-01 1;AZ-15-012;CUP-15-019 PAGE 13 Exhibit A.2: Site Plan (dated: 7/24/15 & 7/30/15) TA,j; tH¢�ecx�easo�� _ T P�11 nrr' -- L VILLAGE I' APARTMENTS 1111 = T =F- - TIr _ ' EAGLE I.YPU _ i` may° 1 11WIDNN.16AN1: �mu — 14 OQOsf Retail _, r W r fffff I milli �Tr. `1. L�L.L.L_L.L.L�� ..... i ,1 ____ ______• . r.r4i i�y�l� � i Q� �� 417 �I � 4o f Ala L J r I .tee 5 `-- #- :. ; ,,,• 3� i icrno 1 OVERALL SITE PLAN EXHIBIT ICI A1.0 OVEFALL SITE DOO&IT Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 14 THE VILLAGE APARTMENTS 0-"- EAGLE ROAD MERIDIAN.IDAHO OVERALL GENERAL SITE NOTES SCALE;........................1'=40'-O'�u r ----- -' 'I—_ - ZONING:..........................C-G ZuI:f Q`;tl:$:1; TO7AL AREA......... ...11.33 ACRES L DENSITY PROPOSED:.........29.5 IWACRE c• - SITE NOTES: NUMBER OF APARTMENT BUILDINGS:............11 NUMBER OF GARAGE BUILDINGS:... ...........14 _T11Z?Li[P1;II1 [ [C?R 7 r�� rr 3 7 _y NUMBER OF DWELLING UNITS:...............336 TOTAL PARKING REQUIREC/PROPOSED:.....6301645 OPEN SPACES/2%HC .... ... ..29" COVERED SPACES REQUIREDIPROPOSED:....380l330 " - �- I � GARAGE SPACEW2%HC .._ ...12W3 - 3 J - -- i. _-_ -v_ �. CARPORT SPACEW2%HC.. ...........2OW4 I7,41 r F BICYCLE PARKING SPACES PROPOSED(1:25):.....90 +?een c �ti VILLAGE COMMON OPEN SPACE REQUIRED:......84.0O0 S.F. 1_EI 335D.U.x250S.F.N.U.-64.000SF. APARTMENTS ll 1„�, •o+i- COMMON OPEN SPACE PROPOSED:.....84,097 S.F. � i � � I -�N � L�.G •� �, MEIIINU,NAnnNo f " p� ymw 771�t r.��r MAX.BLD.H7 PROPOSED..................45'-6' (MID POINT OF SLOPED ROOF) 1 r .7r oj SITE DEVELOPMENT AMENITIES PROPOSED: A. CLUBHOUSE ,00oSfC. CHILDREN'S PLAY STRUCTURE D.�i B. FITNESS CENTER(WITHIN CLUBHOUSE) — SWIMMING POOL Retail ii E. ENCLOSED BIKE STORAGE(WITHIN CLUBHOUSE) F. BIKE REPAIR STA710H _ ;mays H G. ON SITE STORAGE DEVELOPER: DerCo,LLC _� 4824 W.FAINVIEW @� BOISE.MAN $3706 Q ,_.7„�.➢tr} - ,,._x 'e 7 (208)336-5356 r � y LANDSCAPE: TO ENGINEERS `r^^�+•�^+ -'t 1„1ii U,f� yy 1 1a! Li 8777 CHINDEN BLVD. - -C, BOISE.IDAHO$3714 ai,saae 1208)323-2288 \�� .r t- -�.� -T-•-il-.� _ - -,rr CIVIL CIVIL INNOVATIONS,LLD. ENGINEER/ PO BOX 170811 BOISE,IDAH0 83717 •\ a .'--- `�nAl+% -ram-- -. ecMrr! __ -' - .. 1 SITE PLAN PLANNER: TAD-'r, ". 0 � `•",, " PLANNER: 4i®rw:,a�: '��•�° CZC1.0 M ARCHQECTURAL S11E PLAN 716EAMMIMMAN, Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 15 Exhibit A.3: Landscape Plan (dated: August 2015) _LANDSCAPE NOTES' -PLMA: i "wmwm.aaimu'c MiiBeO ... 2 ciMWY.arIGONa..a�.•a me am<mem. Mi�aw WYrtm ..Mtlnv.M...i. - . - Mmlm,q••. q.•r.e re � RRRRxmrr �mP� 1Ye u e.nnnimmr g �m�.Ybam�gi..NM uMe.mund ueNw a,M grynisxu eeu.ea•na nmaaes.,. O �®. rr�� xya, a . n ® a Pm'-aw GR tle W+•L9.R'=•'tr.. rfuwro•e • • n 7 •Yrn-....e.�.a r.e�.a ,m..a.a:�nmP am ll � T wtl#•.w.1WRw.kvnaye `.`i w•os ure.E xrvea a z 6 ni.aY..a.D nP•nnP•+.nP4Pme. Irew. w.om�^P.m..b�9ws.��un J a..� urr x s4q.rRYwmsw NmYM Q qps .nryy•rv.etg.m remaagwaew •gr.yh.p..ynw mww pea.bmr•.. 1! •ceeka�aefMaM a•��iwdi.e�y�..:re• .w w�A wre e:na • 'r flmn wone.nmm.wr m.mryo em.a•.m �H..`me Oil F Y..aiwmexea ees . p ert.EiW®�i nidrlmmoiwron�rw.a.r�usi.. • w��r�r ll. l .nm a+'.N'aeeuWVD.te yLq®� '>� m.mm�rna wem.m»n•aH Me+m nr�.N'o tee..®+=...r�•:J aesmam tl � W e..Y.^a.+Ym..n..•yrg....e pY.wia, 6m e�nsv..f..,n.nm e...nm-eey.+amA • i.•Ma.r.q+.•. Mq' ! qw X W a V.�•.a.nv aw e.m..w.+,am.er,� �Mineo�ei�ieeen�e� rr•�I.w�4w i i .be•�•.mrm�m,..•y.wA.�.a•�ry mim�.n•mm�me.w:aei�oeA.e..r . �rr.v.o.w ,an q!<' wn. «w•�mm•. .�E�nwm.�m.•� . rr....e.e x .�. � g A 9 .Yr..�mr.•..,�mPn.ve.P��Yw�Yn — 9��d ..p wa4�re•remmmore:pnw.0 w.e �uKenvoM®EW_ N ' 6.mry ma�b nwP•B�savxno�.uma+nv. 'I � �� .� �u� --- �I xiaWR®yabMN'�Nu � p£j a r. e.om®a..ry nn rerzrt�s.e eery - wi�wN�nsaae•amai�iac.mw.cvr !B CZ a.a.r • n.�r z .r� ll!I I d • ! Pea, 3 �• TAdf Rf CPw91Ta �.L A[IoVmW+w Ym4 mmw- — = 14,00art `.Y'I II r- n ...•n.w�sw mY•,M �� aemii ��-u - .€Q n m.m. ye. 111= nao» w tl • II If7�,. �m ll�l CI a.•.•.Mm..mnMno Gmmn �ksyp 1'_ ——..o—— ——— s - ®. .... Ma SIffT Lt of 6 " _- ' LanaseaXe daienaLsaLe.P i — qma 1P CAR 6PPA6E AARAGL i0 CA0.6ARAGE gym nxv re tlw e" a RAPE mus = 4r I IC„ i W �` - — I I i _ aHFEf L4 ed�- � - L w, EL 1- "" 1 I I I I I('Illll I N_ e I m I ,r Cc-r� �w xan RPnAlxrc 9p A.M.. _ I ` a d 1 L7j ? ��} IP CARGARAGF 1RCA G flA6E J r—rT'-rr—77;�` l n j Landscape Materials Plan AET E2oTC Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 16 0��00 Hill NINE u. I omHIM gg' Syr! R °?- jji . ma O I��YY^^0��44kk e Om ©ROM ®��a ®��0o EIIIIIIII iAR1�'l r" E 9enr� onrp � ��i �■��, onnnt E oI'll Mv 1 -------------------- ■. s All s i IN age 0 } a ar men s rnm['a ��rop n .wn�`'i� ^xiL 46 it iF. �o�wurz.m �• 8 1 c .Qom r i a SIEEf L6 or G Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE IS Exhibit Conceptual Building 1 (dated: (dated: 1 ►. PAr Building Elevation E ` A z: y wr n-aa:.�".y�,os A-c; A= s ;.w w,siti.l`"tn.�.r�?L` .,.,..'"-�:.,r ✓ s,'"> ®; yR i^.ea yy'"a"��"i4wo�a f� +A i na"aaw�y°�wa M Rendering ApartmentsVillage D' 1 KEYNOTES O TA D— TH[AACHMOMCER m —_— Lill --_ m rn wsR•rc mm �YiwN N.wM w[nY MdM Rws. •e —`'� , �`� � awn,an un FRONT ELEVATION-BUILDING TYPE 2 VILLAGE •r;�".tea— �. APARTMENTS LF REAR ELEVATION-BUILDING TYPE 2 O s O a FF TF 4 P O �.� LEFT ELEVATION-BUILDING TYPE 2 iaRsr RIGHT ELEVATION-BUILDING TYPE 2 A5.0 _ SULDINGQTERION ` ELEVATIONS Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 20 & & _ TAB A� _ ;'""� ,o.�-„� iXE1lORIFgSDIFI�A - ----- 4 BAY GARAGE -� --_ 4 BAY GARAGE�� -�-�--- TYPICAL=�-� LEGEND 'FRONT ELEVATION .1 REM ELEVATION 3310E-ELEVATION 7 BAY GARAGE 7 RAT GARAGE FRONT ELEVATION5 REAR ELEVATION VILLAGE „� APARTMENTS 0 5 BAY GARAGE A MAING-BLDG- 5 BAY GARAGE A MAING.BLDG. C EEA,R ELEVATION RAT POOL AREA) C/E FRONT ELEVATION(AT POOL AREA) Ns 11N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 o 0 0 0 o — o do d d d d do do do d 0 1 B BAT GARAGE STORAGE BLDG. _—__- _-_----------------_-_-_--_-_----__—_--- FRONT ELEVATION Cl- .a 18 BAT GARAGE STORAGE BLDG. 8 REAR ELEVATION AG5.0 ='LT"OK EMOTES O 10 BAY GARAGE FRDNT ELEVATION LEGEND T`ac� ASP- 1 B BAY GARAGE-- - — - REAR FL.ATI0.(ALONG RECORDS AVE I rj. VILLAGE � APARTMENTS 10 BAY GARAGE NEAR ELEVATION b. 0&+, 111 1r 10 BAY GARAGE NT ENTRY REAR Oi Y 10 BAY GAAAGE0.T ENTRY m.��•F®'��w,e�-�1s�'m-��sy-a'vCS,=="¢�_, 10 BAY GAMGE 0.T ENTRY 5FRONf ELEVATION SSIOE ELEVATION AG5.1 gi axmG BMW Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 21 �.rt�.. T ----- ----- 1HEAURIZINFIKER L----' L --------- --- ------------- ----------------------- ------ 5 R GARAGE[MAINTENANCE BLOC.PLAN A TYPICAL GARAGE SECTION VILLAGE L L-� c t APARTMENTS El TYPICAL GARAGE SECTION .GARAGE DOOR JAMB DETAIL L L—J ,—AL L--j 310 CAR GARAGE PLAN D 22MIAL ff OR'N""EcTION ----- ----- ---- J— L L AG2.0 CAR GARAGE W E MIR Y FEATU RE —EE)- 518 BAY STORAGE UNIT PLAN —AD sEcnws D T T T -------- ---- T-0 DA - - - --- 1 4-DAY CARPORT PLAN 2"Ay CARPORTPLAW 38-DAY CARPORT PLAN --r7 44-!#Y CARPORT IILFWATI�N— 5 6--BAY CARPORT ELFYA71ON rjG-8AY CARPORT ELEVATION VILLAGE APARTMENTS ----------- -------------------------- 7 ID-SAY CARPORT PLAN 8 12-SAY CARPORT PLAN 019 91O-BAYCkRPOffr ELEVATION I MAY CARPORT ELEVATION KEYNOTES GEMEFZI;;; TYPICAL CARPORT SECTION 'M�� AG2.1 AT—yp-.r—'ARPO"ENO ELEVAT!DN B EMW FUMANDSECF011% Village Apartments MDA-15-011;A.Z-15-012; CUP-15-019 PAGE22 �,LUF31-kaUS� wN e LEST R161,1 - f 3 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 23 NETIBlE7 p.,�....a.� TAB TIEM0111EC6OFFKFA ��..... VILLAGE APARTMENTS 1EAST FEEYANBN-CLUBHOUSE .v..,. t o�o� 2 NORTH ELEVATION•CLL'BMOUSE AC5.0 EIM1NOM1BMt.xS BEEIIBIES 0. _e TAB HLAWOMOFRC:t .M O 1111d K,1 VILLAGE APARTMENTS WEST ELEVATION-CLUBHOUSE ti p ye ONTO SOUTH ELEVATION-CLUBHOUSE AC5.1 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 24 TAB '14 1101MMIFREER L-j II II II II II F I VILLAGE + APARTMENTS %law A I I 1 01 i L i I lul CLUBHOUSE FLOOR PLAN IT AC2.0 Village Apartments M DA-15-011;A.Z-15-012;CUP-15-019 PAGE25 Exhibit A.5: Existing Development Agreement Provisions Page 3-4 of 16 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's"Zoning Ordinance codified as Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schramm eck properties for the C-G zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property" in accordance with the following special conditions: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of"Property" or otherwise develop the "Property" in accordance with the terms hereof. 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The following Comprehensive Plan policies (from Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access,walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 26 In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qualify of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersection, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 27 Exhibit A.6: Proposed Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval included in Exhibit B. c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11-3A-6A. d. A 35-foot wide street buffer is required to be constructed along N. Eagle Road, an entryway corridor,with the second phase(commercial portion) of development; and a 20-foot wide street buffer is required to be constructed along N. Records Avenue, a collector street, with the first phase(residential portion) of development and prior to issuance of the first Certificate of Occupancy for the-siiW each phase.Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11-3H-4C. These improvements are required to be constructed with the fl-sif second phase(commercial portion) of development and prior to issuance of the first Certificate of Occupancy for the that portion of the site. f. Upon development of the retail/commercial portion of the property, a 25-foot wide buffer is required to be installed adjacent to the residential uses in accord with the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and the future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N.Records Avenue(as allowed by ACHD). Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 28 Exhibit A.7: Legal Description & Exhibit Map of Property Subject to Development Agreement 5awtooth Land Surveying, LLC P (2(15)3-)A-8r04 F.f20AY 398-8rns --- 2030 5-wa5honokon Ave EnlmCtt,ID 8361 7 August 19,2015 Boundary Legal A parcel of land located in the SW114 of the NWV4 of Section 4,T.3 N„ R.1 E.,B.M.,City of Meridian,Ada County, Idaho,and as shown on ROS 9983,Ada County Records,more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 003E'00"West,coincident with the west line of the NW 1 f4 of Bald Section 4,a distance of 1390.17 feet; Thence South 89050'46"East,70.00 feet to the east right of way of N.Eagle Road,and the PAINT OF BEGINNING; Thence continuing South 89950'46"East,coincident with the north line of said ROS 9983,a distance of 700.15 feet; Thence North V36'00"East,coincident with said north line of RCS 9983,a distance Qf 99.00 feet; Thence South 89152'28"East,Coincident with the south line of Southeast Comer Market Place Sub.No.1,as shown on file in Book 101 of Plats at Page 13253,Ada County Records,the south line of Government Lot 4,of said Section 4,and the south line of Una Mas Sub,as shown on file in Book 103 of Plats,at Page 13894,Ada County Records,504.91 feet to the west right of way line of N.Allys Way as shown on file in Instrument No.114020090,Ada County Records; Thence South 0°40'39"West,coincident with said west right of way line of N.Allys Way, 717.01 feet; Thence North 89.22'08"West,680-75 feet; Thence North W48'52"West,57.1 D feet; Thence North 66018'52"West,264.00 feet; Thence South 8026'08"West,132.13E feet; Thence North 53104'OD"West,144-06 feet to Bald east right of way of N.Eagle Road; Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 29 Thence North 0136'00"East,386.71 feet to the POINT OF BEGINNING. The abuve described parcel contains 15,62 acres more ar less. E4� Carl Porter PLS 142 1 2 Date End Description gOF R LEGEND •�.A,� wmar.ur. 1 rm�arwa.wc �� EouTle..src■A uwx wss,smvaav ■ .owr.r.rae...n„rr�m ewaxEra.+tesve wnr rnr.nv ?'gip �. Qrwrrxxevr Ao3 saes x — ♦ + I I I• W REFERENCES � j , AY)Rfi3 KW K1TM1CraT1IMEw vK[Er.TeC,II19i M1w Ee99 xT� �� 11E1Y i1 i Ati9nm�E.■omiFlt tiN�mrtlRn�aea:^.��*xar I# PAACfY a6§{ I ALlor uaff b.VlOiv�AVLe RAi @9fl�iTd CF BATS, 1d4£ I� I M6E 13�non cnl.Ar,xE�orsuG CERURCAT€OF SURVEYOR z , Iq �.,,� � i lcw VaATR BO NPt6fYGFRTvrTUTiAu,x/VIJ3C�il>wx Wn9AtiiroR lKY�H�er rxESTA%fi.bAM■AxD f,uTTAs uan wk'.nTaxn�,mNxsVA �� f , aCYW[SWbEY01lTME fRe,wu wlvF.v NYpAECTSt1AER`hR'W AAD n�(y gnTftir AEpCESWTE fllFxNYi3 er Mewlarsix'eQWMrTY `� ,m�inYiµ-�.- � M'IM TIE STATE 9f Axwi ttnt-w i0 dL1T3.S1lRVEY;!Vd)TMF +T'-�H � h�IEFT><ATlN,A`N FIJAvr ALT.0.VK1(L4F. _ S IAftDr>_.rnFnesTar�y "a y' sd lxQT G.RC PQlTFR,R1A r<33l �) �.11.> Cffl 4NpyYTTEO SURVEY INDEX NO.31 ffi[J.30-0600 � LuIE i+brF ` 2030S WASHWOTON AVE EIEMETT,10 83617 I- s (206)398-8104 E,RIVER YA![EY FAX(208)398.8105 v g - xw I I CA.W.i YfNTAtY �� T'� '..+a`. WWWSAwroorms.COM f ff f a TY p I'A'9 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 30 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features,per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. b. Floor plans shall be submitted with the Certificate of Zoning Compliance application(s)that demonstrate compliance with the minimum private useable open space standard of 80 square feet for each unit. 1.1.2 The landscape plan included in Exhibit A.3, dated August 2015, shall be revised as follows: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. Include a 35-foot wide street buffer along N. Eagle Road/SH 55 in accord with the standards listed in UDC 11-3B-7C; and a 10-foot wide multi-use pathway and pedestrian lighting in accord with the standards listed in UDC 1 1-31-14C. c. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the future residential developments to the north and south. d. Prior to the Commission meeting, the applicant shall submit a detailed plan with calculations demonstrating compliance with the common open space requirements listed in UDC 11-4-3-27C. A minimum of 1.92 acres of qualified common open space shall be provided. e. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.3 The site plans included in Exhibit A.4, dated July 24 and 30, 2015, shall be revised as follows: a. Depict the locations for directory maps of the development at the main entrances for those entering the development, in accord with UDC 1 1-4-3-27B. b. Update the parking calculations to reflect the number of 1-and 2-bedroom units proposed and correct the total number of parking spaces required based on those numbers; and correct the number of covered spaces listed. Include parking calculations for the clubhouse building. Parking shall comply with the standards listed in UDC 11-3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. Correct the amount of common open space proposed in the notes; only the amount that qualifies as open space per the standard listed in UDC 11-4-3-27C.2 should be included. d. Label the structure where the maintenance storage area is located. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 31 e. Depict a cross-access easement and driveway at the southwest corner of the site to the Regency at River Valley Phase 2 property to the south (Parcel #51104233940) in addition to the cross-access driveway currently proposed to the south. If the location of the cross-access at the southwest corner of the site is changed through approval of a conditional use permit minor modification application to CUP-14-001, cross-access to the south may only be provided in the general location shown on the site plan (the driveway location shown on the proposed site plan does not align with that on the approved plan for Regency at River Valley Phase 2. f. The trash enclosure for Buildings G and H is not depicted in the same location on the overall site exhibit (sheet A1.0) as it is on the architectural site plan (sheet CZC1.0) and landscape plan; revise accordingly. Include a detail of the trash enclosure. g. Depict pedestrian connections between the residential portion of the site and the future commercial development to the west and the residential developments to the north and south. h. Two additional site amenities from the open space category shall be depicted on the plan as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden, ponds or water features, a plaza, or other comparable amenity). The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. i. Depict a 10-foot wide multi-use pathway within a 35-foot wide street buffer along N. Eagle Road along with pedestrian lighting as set forth in UDC 11-3H-4C. The pathway is required to be placed in a public use easement. 1.1.4 The developer shall provide a 4,389+/-s.f. clubhouse, fitness facility (in the clubhouse), swimming pool, children's play structure,enclosed bicycle storage (in the clubhouse) capable of holding approximately 60 bicycles, and a bicycle repair area as site amenities in accord with UDC I 1-4-3-27D as proposed. Two additional site amenities from the open space category shall be provided as set forth in UDC 11-4-3-27C (e.g. open grassy area of at least 50' x 100' in size, community garden,ponds or water features, a plaza, or other comparable amenity).The applicant shall provide details to Staff prior to the Commission hearing on what those amenities will be. 1.1.5 A 35-foot wide buffer and 10-foot wide pathway with associated pedestrian lighting is required to be constructed along N. Eagle Road, an entryway corridor, with the second phase (commercial portion) of development; and a 20-foot wide buffer is required along N. Records Avenue, a collector street, with the first phase (residential portion) of development and prior to issuance of the first Certificate of Occupancy for th,-s4e each phase. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-3B-7C. 1.1.6 The applicant shall grant cross-access/ingress-egress easements to the properties to the north (Parcel #R8048310100, Southeast Corner Marketplace No. 1; and Parcel #R8803510200, Verraso) and to the property to the south (Parcel #S 1104233940, Regency at River Valley Phase 2)at the southwest corner of the site and in alignment with the driveway location approved on the Regency property. Recorded copies of the easements shall be submitted with the first Certificate of Zoning Compliance application for this site. Note: The property owner to the south may request a minor modification to CUP-14-001 to change the location of the cross- access requirement to the subject property from the location at the northwest corner of the site to near the center of the site where a driveway was approved between two garage structures. If approved, the cross-access easement to the south would not need to be provided at the southwest corner of this site, only near the current location of the stub driveway to the south in alignment with the driveway approved on the Regency property. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 32 1.1.7 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-513-1. 1.1.8 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.9 The existing structures on the site shall be removed prior to issuance of the first Certificate of Occupancy for the site 1.2 General Conditions of Approval 1.2.1 Comply with all bulk,use,and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3 A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15,UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5.1. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3 B-5I, 11-3B-8C,and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C(streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards asset forth in UDC I I-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC I 1-3B-I 1C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3 A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 33 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 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. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will not be required for this phase of the development as street lighting will be installed with the Records Road Extension project. Street lighting will be required along Eagle Road when the commercial section of the property develops. At that time, a street light plan will need to be included as part of the development application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=2 7 2 2.1.2 Applicant shall be required to install water mains through the development, including the provision of a water main stub to the south boundary of the development for connection through the future second phase of the Regency at River Valley project. A stub shall also be required as shown near the northwest corner of the development for future extension to Eagle Road as part of the development of the commercial area. The applicant shall also install a water main connection, at the cross access driveway location near the northeast corner of the development,to the existing main adjacent to the north boundary as part of the Verraso project. Applicant shall also be required to connect to the main currently being planned in Records Avenue. 2.1.3 Applicant shall be required to install sewer mains through the development. 2.1.4 Sanitary sewer and water assessments will be calculated as 1 Equivalent Residential Unit(ERU) per apartment unit. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 34 from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be 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. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed,drainage lots constructed,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths,pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 35 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt,high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 36 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section(IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ``/2"outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18"above finished grade to the center of the 4'/z"outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW,per International Fire Code Section 503.2. 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4&D103.6. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property,as set forth in International Fire Code Section 505.1. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.14 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 as set forth in International Fire Code Section 503.1.1. 3.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 37 3.17 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.18 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.19 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 Traffic calming should be provided within the site between the residential and commercial development and in N. Records Avenue(as allowed by ACHD). 4.2 Pedestrian connections should be provided between commercial and multi-family development. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a detail of the proposed trash enclosures with a site plan showing proposed locations to Bob Olson,Republic Services (208-345-1265 or rolson(&republicservices.com)for approval. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road/SH-55 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Extend Records Avenue from the north property line, at its current terminus, to the south property line,as one-half of a 46-foot street section,plus 12-feet of additional pavement; with vertical curb and gutter on the west side of the road. A 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the east side if the roadway. OR Plan approval shall be contingent on CenterCal constructing the remainder of Records Avenue abutting the site. No additional right-of-way is required. 7.1.3 Provide an 8-foot wide landscape buffer and construct a 5-foot wide detached concrete sidewalk located outside of the right-of-way within a 14-foot wide easement along Records Avenue abutting the site. 7.1.4 Construct one 30-foot wide driveway onto Records Avenue located 350-feet south of the north property line,as proposed.Pave the driveway it's full width at least 30-feet into the site beyond the edge of pavement of Allys/Records. 7.1.5 Other than access specifically approved with this application direct lot access to Records is prohibited. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 38 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3,the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act(ADA)requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits(spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual,ISPWC Standards and approved supplements,Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction,use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future,ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 39 C. Legal Description and Exhibit Map for Proposed Annexation 5awtocth Land 5urveying, LLC (208) 396-5104 P:(208)396 8105 2030 5. G'bay ,hogtcn Avc.. Zm;net. 0 83i�:7 July 28, 2015 Annexation Legal A parcel of land located in the SW1/4 of the NW114 of Section 4,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 4; Thence South 0°35'47" West, coincident with the west line of the NW114 of said Section 4, a distance of 1517.50 feet to the POINT OF BEGINNING; Thence South 89119'30" East, 185.00 feet; Thence South 0135'47" West, parallel with said west line of the NW114 of Section 4, a distance of 90.00 feet; Thence North 89019'30"West, 185.00 feet to said west line of the NW1/4 of Section 4, a distance 185.00 feet; Thence North 0°35'47"East, coincident with said west line of the NW1/4 of Section 4, a distance of 90.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.38 acres more or less. �tzA�ENO N S `9 Carl Porter. PLS vu Date End Description F�A � L P096 31 511 5065-CMG-VI LLAGE COMPLEX1DrawlrgslDescriptionsl15065-ANNEX LEGAL.docx II Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 40 i 32 33 E. USTICK ROAD T.4 N. 5 4 T.3 N. O W C9 tt M ti a N � et. tt r= s-T POB f S 89°19'30"1= 185.00' w o ^ 4 0.38 Ac.± p O O O NL LA Z to N 89019'30"W 185A0' 0 014 � � Y L P 0 ;� a o a � z 5 4 W 114 FND BRASS CAP E. RIVER VALLEY ST. NTs PROJECT. OWNERIDEVELOPER 2030S. WASHINGTON AVE. DWG# 2709 N. EAGLE ROAD BART L.BRYSON EMME7 0.93617 15065 VILLAGE COMPLEX P:(206)398-8104 PROJECV APN S1 104233G42 F:(206)398-8105 15095 ANNEXATION MAP r- •, _3. = SHEET f7ATE: Wf°VW,SAWTOOTHLS.COW 1OF1 Village Apartments MDA-15-011;AZ-15-012;CUP-15-019 PAGE 41 D. Required Findings from Unified Development Code 1. ANNEXATION: Upon recommendation from the Commission, the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed annexation of 0.38 of acre of land with a C-G zoning district is consistent with the MU-R future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed C-G zoning district and proposed retail/commercial use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds annexing this property with C-G zoning district is in the best interest of the City as the property will be able to develop with retail/commercial uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B,the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. Village Apartments MDA-15-011;AZ-15-012;CUP-]5-019 PAGE 42 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 multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection,drainage structures, refuse disposal,water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department,Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise,smoke,fumes, glare or odors. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however,whenever undeveloped property is developed,the amount of traffic generation does increase. The ACHD report states that traffic on Eagle Road and River Valley Street generated from the proposed development will function at an acceptable level of service for arterial and collector streets. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Village Apartments MDA-15-01];AZ-15-012;CUP-15-019 PAGE 28