Sessions Parkway MDA H-2023-0030 ADA COUNTY RECORDER Trent Tripple 2023-069381
BOISE IDAHO Pgs=17 VICTORIA BAILEY 12/13/2023 02:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. GFI—Meridian Investments, LLC, Owner/Developer
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 12th day of
December 2023, ("AMENDMENT"), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and GFI—Meridian Investments, LLC ("OWNER/DEVELOPER"), whose address is 74 East
500 South, Suite 200, Bountiful, Utah 84010.
RECITALS
A. OWNER/DEVELOPER has submitted an application for a Modification to that
certain Development Agreement recorded June 14, 2023 as Instrument 92023-033831 in Ada County
Records ("Development Agreement") to allow one (1)building permit to be obtained prior to recordation
of a final plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review
application for subsequent proposed uses prior to recordation of a final plat; and request for Council
approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from
25-feet to a minimum of 8-feet. The Meridian City Council approved said application pursuant to those
certain Findings of Fact, Conclusions of Law and Decision& Order attached hereto as Exhibit"A" and
incorporated herein.
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement on the terms set forth in this Amendment, which terms have been approved by the Meridian
City Council in accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement except as
expressly amended as follows:
a. Section 5.1(a)(iii) shall be deleted in its entirely and replaced with the following: "The
applicant shall construct a minimum 4-foot-wide sidewalk along the east side of the
north/south drive aisle through the site (instead of along the east boundary of the site as
shown on concept plan) and provide decorative crosswalks where pedestrian walkways
cross internal drive aisles. Pedestrian walkways shall be provided at the east boundary of
the site to the multi-family portion of the development (NWC and SWC of the Village
Apartments) to enhance pedestrian connectivity."
b. Section 5.l(b) shall be deleted in its entirely and replaced with the following: "The subject
property shall be subdivided prior to issuance of the second building permit for the site;
subsequent building permit applications shall not be submitted until after the property is
subdivided. Certificate of Zoning Compliance and Design Review applications may be
submitted and approved prior to recordation of the plat."
MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page I of 4
c. Section 5.1(c) shall be deleted in its entirely and replaced with the following: "If the site
develops consistent with concept plan option 1, a minimum 25-foot-wide buffer shall be
installed along the eastern boundary of the site adjacent to the future residential uses
landscaped per the standards listed in UDC 11-3B-9C, unless otherwise modified by City
Council approved through alternative compliance. If the site develops consistent with
concept plan option 2, a minimum 5-foot-wide buffer shall be installed along the eastern
boundary of the site adjacent to the future residential uses as approved by City Council,
landscaped per the standards listed in UDC 11-3B-9C. Construction of the buffer may take
place with lot development."
d. A new Section 5.1(h) shall be added as follows: "Prior to issuance of the first Certificate of
Occupancy within the development, all of the required street buffer landscaping along N.
Eagle Rd./SH-55, including the 10-foot-wide multi-use pathway and pedestrian lighting;
and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with
connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed."
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property
shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall
not meet the conditions of this Amendment, and the Ordinances of the City of Meridian as herein
provided.
3. This Amendment 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 Amendment shall be binding on the Owner/Developer of the Property,
each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing
herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereon and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Amendment if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed its obligations under this Amendment.
4. If any provision of this Amendment is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this Amendment and the invalidity thereof shall not
affect any of the other provisions contained herein.
5. This Amendment sets forth all promises, inducements, agreements, condition, and understandings
between Owner/Developer and City relative to the subject matter herein, and there are no
promises, agreements, conditions or understanding, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. In the event of a conflict
between the terms of this Amendment and the Development Agreement, this Amendment shall
govern. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Amendment 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.
a. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Property herein provided for can be modified or amended
within the approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or amendment
in force at the time of the proposed amendment.
MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page 2 of 4
6. This Amendment shall be effective as of the date herein above written.
7. Except as amended by this Amendment, all terms of the previous Development Agreement shall
remain in full force and effect.
[End of text. Acknowledgements, signatures, and Exhibit A follow.]
MODIFICATION TO DEVELOPMENT AGREEMENT—SESSIONS PARKWAY H-2023-0030 Page 3 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Amendment and made it
effective as hereinabove provided.
OWNERJDEVELOPER:
GFI-Meridian Investments, LLC
By:-—j —aC:L;Cez
STATE OF
ss.
County of_D" i S )
On this I "-� day of DeS-G«"D'r ,2023,before me,the undersigned,a Notary Public in and for said
State,personally appeared known or identified tome to be the
of GFI—Meridian Investments,LLC and the person who signed above and acknowledged to me that they executed the same
on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
DAN BADDLEY
NO]Q%YePUBLIC•STATE OF UTAH
Q CQMM{9SION NO. 718317 Notary Public
COMM. EXP. 5-24-2025 My commission expires:, 5`2 -2-02-9-
CITY OF MERIDIAN ATTEST:
By:
12-12-2023 Mayor Robert E. Simison 12-12-2023 Chris Johnson, City Clerk
STATE OF IDAHO )
ss
County of Ada )
On this 12th day of December ,2023,before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My commission expires: 3-28-2-228
MODIFICATION TO DEVELOPMENT AGREEMENT-SESSIONS PARKWAY H-2023-0030 Page 4 of
EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�VE IDIAl`T:-~'
AND DECISION& ORDER
In the Matter of the Request for Amendment to the Existing Development Agreement(H-2022-
0046,Inst.#2022-033831)to Allow One(1)Building Permit to be Obtained Prior to Recordation of
the Plat and Allowance for Submittal of a Certificate of Zoning Compliance and Design Review
Application for Subsequent Proposed Uses Prior to Recordation of the Plat; and a Reduction of the
Buffer Requirement in the C-G District to Residential Uses to the East, by KM Engineering, LLP.
Case No(s). H-2023-0030
For the City Council Hearing Date of: August 22, 2023 (Findings on September 5, 2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 22,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 22, 2023, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY MDA H-2023-0030 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 22, 2023, 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 modification to the existing development agreement; and reduced
buffer width is hereby approved per the provisions in the Staff Report for the hearing date of
August 22, 2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement.Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of August 22,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY MDA H-2023-0030 -2-
By action of the City Council at its regular meeting held on the 5th day of September
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robe imison 9-5-2023
Attest:
Chris Johns 9 ,0
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: ek"Slyq-w" Dated: 9-5-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SESSIONS PARKWAY MDA H-2023-0030 -3-
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT
HEARING 8/22/2023 Legend R-3' <
0
DATE: =-
-
tu.uL
TO: Mayor&City Council �� = oec Loco �-
C-N C-Gf
FROAM: Sonya Allen,Associate Planner R 1 R-2 ,
208-884-5533 R-15 R1 R-15 R-8 R1f
,R-15 R-2
SUBJECT: Sessions Parkway-MDA RUT R-2 R-8 RUTS
H-2023-0030 � 1 R1 R-2
aILRRT - R-8
LOCATION: 2700 N. Eagle Rd. in the NW 1/4 of R'2 1R1-: L-o L-C R-4
Section 4. T.3N.,R.lE. (Parcel Rl RUT
4S1104233650) �0 RUT .
C-G
R.8 -1
L PROJECT DESCRIPTION
Amendment to the existing Development Agreement(H-2022-0046,Inst. 92022-033831)to allow
one (1)building permit to be obtained prior to recordation of the plat and allowance for submittal of a
Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior
to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in
the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet.
IL SUMMARY OF REPORT
A. Applicant:
Stephanie Hopkins,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713
B. Owner:
GFI Meridian Investments,LLC—74 East 500 South, Ste. 200, Bountiful,UT 84010
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting
Notification published in
newspaper 8/6/2023
Notification mailed to property
owners within 300 feet 8/4/2023
Applicant posted public hearing
notice on site 8/7/2023
Nextdoor posting 8/7/2023
IV. STAFF ANALYSIS
The Applicant requests a modification to the existing DA(Inst. 92022-033831)to allow one (1)
building permit to be obtained prior to recordation of the plat and allowance for submittal of
Certificate of Zoning Compliance and Design Review applications for subsequent uses prior to
recordation of the plat.
A property boundary adjustment(A-2020-0115—ROS 912423)was approved in 2020 that created
the subject parcel(i.e.Parcel B)and the parcel to the east(i.e.Parcel A),which is currently under
development by the same developer with multi-family apartments. A final plat(FP-2023-0002)is
currently in process that includes the subject property.
While it's preferred that a subdivision plat is recorded prior to submittal of Certificate of Zoning
Compliance and Design Review applications and subsequent building permit applications to ensure
compliance with dimensional standards and construction of improvements for the overall site,it's not
a UDC requirement. Therefore, Staff is amenable to the request provided all of the required
street buffer landscaping along N.Eagle Rd./SH-55,including the 10-foot wide multi-use
pathway and pedestrian lighting; and the backage road along N.Eagle Rd./SH-55 from the
north to the south boundary,with connections to N.Eagle Rd./SH-55 and the development to
the east, are completed prior to issuance of the first Certificate of Occupancy within the
development. Staff has included these requirements as a provision of the amended DA in Section
VI.B (new provision 95.1h).
The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G
district to residential uses to the east from 25-feet to a minimum of 8-feet as allowed by UDC 11-3B-
9C.2 with notice to surrounding property owners. This reduction,if approved,would only apply if a
hotel develops on the site (i.e. development Option 92 in the DA). A reduction to the buffer width
does not affect building setbacks; all structures are required to be set back from the property line a
minimum of the buffer width required in the district.Note:If the property develops in accord with the
Option #1 conceptual development plan in the DA, the full 25 foot wide buffer will be provided.
A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the
shared property line,which would result in a total buffer width of 15 feet if Council approves the
reduced buffer width proposed. A mix of trees(1 per 35 lineal feet)and shrubs are being provided
within the buffer as shown on the approved landscape plan in Section VLC. With the perimeter
buffer,parking,a drive aisle and pedestrian walkway,a minimum of 75-feet is being provided
between the shared property line and the nearest residential structure to the east.
All buffers to residential uses are required to be comprised of,but not limited to,a mix of evergreen
and deciduous trees, shrubs,lawn,or other vegetative groundcover that results in a barrier that allows
trees to touch within five (5)years of planting. Trees that will not touch until maturity outside of this
timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs,or
other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with
plant material(s),the City may require inclusion of a wall,fence or other type of screen that mitigates
noise and/or unsightly uses. If a wall or fence at least 6-foot tall is provided,the planting requirement
may be reduced to a minimum of one (1)tree per 35 linear feet,plus shrubs,lawn, or other vegetative
ground cover.
There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site
which may prohibit trees. If so, alternative compliance should be requested to the buffer material
standards listed in UDC 11-3B-9C.1. Staff recommends at least a portion of the required trees
be provided within the perimeter buffer on the adjacent property to the east resulting in a
barrier that allows trees to touch within five(5)years of planting to screen the residential uses
from the hotel; the remainder of the required trees could be planted elsewhere within the site.
Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier
combined with the distance to the nearest residential structures,provides an adequate buffer to the
future residential uses from the proposed commercial uses. If Council believes additional buffering
of the residential property is needed, a wall or fence at least 6-foot tall could be required on the
shared property line.
Development plan Options 41 and 92 in the DA,depict a north/south pathway within the perimeter
buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family
development(currently in the development process)at the north and south boundaries of the site.
Staff is of the opinion the pathway would be utilized more if it were located along the east side
of the main north/south drive aisle in the commercial portion of the development rather than on
the shared property line between the commercial and residential development.To better
accommodate the pathway in this location and the hotel site plan(i.e. Option#2), Staff
recommends a lesser buffer width of 5-feet is provided along the east boundary(totaling 12-feet
with the 7-foot wide buffer on the adjacent residential property)with a minimum 4-foot wide
sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks
are provided across internal drive aisles where walkways are proposed for pedestrian safety.
Pedestrian walkways/connections should still be provided to the residential property to the east
at the north and south ends of the site as depicted on the concept plans in the DA. Staff
recommends changes to the DA accordingly(see Section VLB).
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the changes noted in
Section VLB as discussed above in Section IV.
B. The Meridian City Council heard this item on August 22.2023.At the public hearing_the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Hopkins_KM Engineering(Applicant's Representative)
b. In opposition: None
C. Commenting:None
d. Written testimony: Stephanie Hopkins_KM Engineering (Applicant's Representative)
C. Staff presenting application: Sonya Allen
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Concern pertaining to the adequacy of the reduced buffer width to residential uses to the
east-
b. Reasoning for relocation of the north/south pathway from the east boundary of the site
to the west boundary of the hotel site along the north/south drive aisle.
4. City Council change(s)to Commission recommendation.
a. None
VI. EXHIBITS
A. Existing Development Agreement Provisions:
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as
permitted,conditional and/or accessory uses under the UDC.
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 The subject property shall no longer be subject to the terms of the Development
Agreement(DA)(Inst. #2022-065403, MDA-15-012) for Village Apartments and
shall instead be subject to a new agreement. The new DA shall be signed by the
property owner and returned to the Planning Division within six (6)months of the
City Council granting approval of the amendment. The specific provisions for the
new DA are as follows:
a. Development of this site shall be generally consistent with the conceptual
development plans approved by City Council and the conditions of approval
included in Section VIII.A and include the following:
i. Specific details for the integrated plaza/open areas shall be provided
with the first certificate of zoning compliance. The applicant can
relocate open space/plaza areas depicted on the plan with director
approval once specific tenants are known.
ii. On concept plan option I,some or all of the buildings along the eastern
boundary may be rotated and/or relocated and a shared plaza area/green
space added to a more central location within the development for better
integration, including a central pathway connection to the open space
and front pad sites.
iii, if the site develops consistent with concept plan option 2,the applicant
shall construct a 5-foot sidewalk on the east boundary and provide a
decorative crosswalk across the drive aisle ol'the inulti-family portion
of the development(SWC of the Village Apartments)to enhance
pedestrian connectivity.
b. The subject property shall be subdivided prior to submittal of the first
Certificate of Zoning Compliance application for the site.
c. A 25- oot wide buffer shall be installed along the eastern boundary of the site
adjacent to the future residential uses, landscaped per the standards listed in
UDC I I-3B-9C, unless otherwise modified by City Council. Construction of
the buffer may take place with lot development.
d. Pedestrian connections shall be provided between the subject property and the
future residential development to the east, the commercial properties to the
north and south and to the multi-use pathway along N. Eagle Rd./SH-55 in
accord with the approved pedestrian plans. Pedestrian walkways should be
distinguished from the vehicular driving surfaces through the use of pavers,
colored or scored concrete,or bricks in accord with UDC 11-3A-19B.4.
e. Traffic calming shall be provided within the site between the subject property
and the residential development to the east.
f. Provide trash enclosures within the development capable of housing containers
for both solid waste and recyclable materials in accord with MCC 4-1-4.
g. City Council approved the request for a right-in/right-out access via N. Eagle
RdJSH-55 contingent upon final approval from ITD in accord with UDC 1 I-
3H-3.
B. Proposed&Recommended Revisions to Development Agreement Provisions:
#S.la.iii—if the site develops eensisten4 with eeneept r'ar or*ior ' *The applicant shall
construct a minimum 5-feet 4-foot wide sidewalk on along the east side of the north/south drive
aisle botm4at=y through the site(instead of along the east boundary of the site as shown on
concept plan)and provide e-decorative crosswalks e where pedestrian walkways cross
internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to of
the multi-family portion of the development(NWC and SWC of the Village Apartments)to
enhance pedestrian connectivity.
95.1b—The subject property shall be subdivided prior to submit4a!issuance of the second
Get4i fiea4e of Zoning r,.......lianee a plieatior building permit for the site, subsequent building
permit applications shall not be submitted until after the property is subdivided. Certificate of
ZoningCompliance and Design Review applications may be submitted and approved prior to
recordation of the plat.
45.1c—A minimum 25 feet 5-foot wide buffer shall be installed along the eastern boundary of
the site adjacent to the future residential uses as approved by City Council,landscaped per the
standards listed in UDC 11-313-9C,unless otherwise modified by Git-y Counei' approved through
alternative compliance. Construction of the buffer may take place with lot development.
95.lh—Prior to issuance of the first Certificate of Occupancy within the development,all of the
required street buffer landscaping along N. Eagle Rd./SH-55,including the 10-foot wide multi-
use pathway and pedestrian lighting, and the backage road along N. Eagle Rd./SH-55, from the
north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the
east, shall be completed.
Note:All other provisions remain the same; no other changes are proposed or recommended.
C. Landscape Plan Approved for Village Apartments with A-2021-0231
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