Regency at River Valley Apartment Project MDA-10-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
`(~E IDIZ IAN,--
~J
In the Matter of the Request to Modify the Recorded Development Agreement
(#108131099) for the Regency at River Valley Apartment Project to allow for Revisions to
the Site Plan, Landscape Plan, Building Elevations, and Certain Provisions of the
Agreement, by Bach Investments, LLC.
Case No(s). MDA-10-008
For the City Council Hearing Date of: October 5, 2010 (Findings on the October 26, 2010
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 5, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 5, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
5, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 5, 2010, 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-008
-1-
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the attached Staff Report for the hearing date of October
5, 2010, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request to amend the original development agreement recorded as
instrument #108131099 is hereby approved as evidenced in the attached staff report
dated October 5, 2010.
D. Attached: Staff Report for the hearing date of October 5, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-008
-2-
By action of the City Council at its regular meeting held on the o~ day of
(~~~~ ,2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED `-
COUNCIL MEMBER BRAD HOAGLUN VOTED~_
COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~
COUNCIL MEMBER KEITH BIRD VOTED ~eS
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Ma y de Weerd
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Copy served upon Applicant, The Pl G `~-Vent, Public Works Department and City
Attorney.
By: t~'° (~~,~2~~%`~' r ~~~~; Dated: l C:~' ~- ~`Z-I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-008
-3-
STAFF REPORT Hearing Date: October 5, 2010
TO: Mayor & City Council E IDIAN~--
FROM: Sonya Wafters, Associate City Planner I D A H O
208-884-5533
SUBJECT: MDA-10-008 -Regency at River Valley
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bach Investments, LLC, requests approval to modify the site plan, landscape plan,
building elevations, and certain provisions contained in the development agreement (Instrument No.
1 08 1 3 1 099). See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the amended provisions listed in Exhibit A of
the Staff Report.
as
1. in savor: ureg xmansnacner. nacn invesimenis
11, In opposition: None
iii. Commenting: None
lY. Written testimony: None
y. taff presenting annlication: Sonya W
Yl. Other staff commenting on annlication: Pete Friedman
]Z, Kev Issues of Discussion by Council:
L Discussion shout the removal of DA provision (s.l which reouires a 10-foot wide
multi-use pathway and bridge to be constructed over the South Slough.
e. Key Council Changec to taff/ ommiscion Recommendation
lIIp a bridge to be
L Instead of striking~A_nrovision (,~. only strike the portion rea~11I
_
constructed over the South Slough: leave the requirement for a pathway to he
constructed.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-10-
008 as presented in the staff report for the hearing date of October 5, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Legal Department Staff to
prepare a Development Agreement for this site that reflects the changes noted in Exhibit A.2.
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-10-008 as presented
during the hearing on October 5, 2010, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number MDA-10-008 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:
2500 N. Eagle Road
Located in the northwest'/4 of Section 4, Township 3 North, Range 1 East
B. Owner(s):
RAMI LLC
11650 South State Street, Ste. 300
Draper, UT 84020
C. Applicant:
Greg Rindlisbacher, Bach Investments, LLC
11650 South State Street, Ste. 300
Draper, UT 84020
D. Representative:
Greg Rindlisbacher, Bach Investments, LLC
11650 South State Street, Ste. 300
Draper, UT 84020
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit modification. A public hearing is required
before the Planning & Zoning Commission on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: September 20, and 27, 2010
C. Radius notices mailed to properties within 300 feet on: September 14, 2010
D. Applicant posted notice on site by: September 24, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is vacant and lies within the C-C (Community
Business) and R-40 (High Density Residential) zoning districts. The apartments are proposed on
the R-40 portion of the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property zoned R-4 and RUT in Ada County and existing and undeveloped
commercial properties zoned C-G.
C. History of Previous Actions:
• The following applications were approved by City Council on 6/17/08:
- Annexation and zoning (AZ-08-003) of 1.15 acres with a C-C zoning district and
10.56 acres with an R-40 zoning district. A development agreement was approved
with the annexation (Instrument No. 1 08 1 3 1 099).
- A conditional use permit (CUP-08-004) for amulti-family residential development in
a proposed R-40 zoning district.
- A variance (VAR-08-002) for a reduction in the number of covered parking spaces
required for multi-family dwellings. A reduction from 360 to 299 covered parking
spaces was approved.
- Private streets (PS-08-004) were also approved within the development.
• An 18 month time extension (TE-09-021) was approved for the CUP on 12/2/09 and will
expire on 6/17/11.
D. Utilities:
1. Public Works:
a. Location of sewer: All previous conditions shall remain for AZ-08-003 for Regency at
River Valley.
b. Location of water: All previous conditions shall remain for AZ-08-003 for Regency at
River Valley.
c. Issues or concerns: Public Works request's that no carports or entry features be directly
located within the easement or replacement work area for the future sewer trunk main
conditioned to be incorporated within this project.
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough runs along the northern boundary of this site.
The Downey Sublateral runs along the south boundary of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
F. Access: Access for this site is proposed via two access points to/from the future extension of
River Valley Street. A temporary emergency access to Eagle Road is proposed via across-access
easement through the Great Wall Restaurant property until such time as Allys Avenue, on the east
side of the site is constructed and extends to Ustick Road to the north. At that time, sole
emergency access to the site shall be provided via Allys Avenue.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is
situated in highly visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-R designation allows for over 200,000 square feet of non-
residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use
neighborhood and mixed use commercial uses, as well as regional commercial uses such as
entertainment and employment centers and clean industry.
The 1.15 acre property along Eagle Road zoned C-C will allow for commercial use(s) which will
provide a mix of uses along with the 10.56 acre property zoned R-40 where apartments are proposed.
The density of the multi-family residential portion of the site approved with the CUP is 17.86
dwelling units per acre, which complies with the MU-R designation for this property
The changes proposed with this application will result in a higher density of 22.72 dwelling units per
acre which is still consistent with the MU-R designation. (Please see Analysis, Section IX below for
more information).
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential and Commercial Districts:
Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to
the City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
Commercial Districts: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four 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.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-2 lists multi-family developments
as a conditional use in the R-40 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information.
UDC Table 11-2B-2 lists several uses that are principal permitted uses, conditional uses, and
prohibited uses in the proposed C-C zoning district. Among the principal permitted uses are
animal care facilities; indoor/outdoor arts, entertainment or recreation facilities; building material,
garden equipment and supplies; churches, group daycares, education institutions, financial
institutions, flex space, fuel sales facility, healthcare or social services, information industry,
Laundromat, mortuary, nursery or urban farm, parks, personal or professional service,
public/quasi-public use, restaurant, retail store, minor vehicle repair, vehicle washing facility,
vertical integrated residential project, etc. No uses are proposed on the C-C portion of the site at
this time.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
zoning district and UDC 11-2A-8 for the R-40 zoning district applies to this site.
D. Landscaping Standards (UDC 11-3B): NA
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC Table 11-3C-6 requires multi-family dwellings with 1 bedroom to have
1.5 parking spaces per unit, 1 in a covered carport or garage; 2-3 bedroom dwellings are required
to have 2 parking spaces per unit in a covered carport or garage.
The table in Exhibit A. S states there will be (68) 1-bedroom units, which require 68 covered
spaces and 34 uncovered spaces and (172) 2-3 bedroom units, which require 344 spaces in a
covered carport or garage for a total of 412 covered parking spaces and 34 uncovered spaces
and an overall total of 445 spaces.
The applicant proposes to provide 48 spaces in garages and 283 spaces with covered carports for
a total of 331 covered spaces, and 149 uncovered spaces for a total of 480 spaces which exceeds
the required number of parking spaces.
The applicant now proposes to increase the number of covered parking spaces to 331 which is
still consistent with the reduction approved with the variance (VAR-08-002).
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) approved for the Regency
at River Valley apartment project. The DA approved a 204 unit multi-family development with a
4,805 square foot clubhouse and 755 square foot cabana with amenities (clubhouse, water feature,
swimming pool, walking trails, tot lot, gazebos, etc.).
Site/Landscape Plan: The applicant has submitted a revised site plan that depicts an increase in
the number of units from 204 to 240; an increase in the number of building stories from 3 to 4; a
decrease in the number of buildings from 9 to 8; a reduction in the number of gazebos around the
pool area from 5 to 4 (one of the gazebos was previously proposed to have restrooms and a
changing area which are now proposed to be incorporated into the clubhouse); an increase in the
number of garages from 7 to 8; and replacement of the entry water feature with a bronze statue
(see Exhibit A.2). The gross density is proposed to increase from 17.86 to 22.72 dwelling units
per acre consistent with the zoning (R-40) and comprehensive plan land use designation (MU-
RG) for this property (see Section VII above for more information).
Parking: A variance (VAR-08-002) to UDC Table 11-3C-6 was approved for a reduction in the
number of covered parking spaces required to be provided for this development from 360 to 299.
With the increase in the number of dwelling units proposed with this application, the revised site
plan depicts 331 covered parking spaces which is 81 spaces under the required amount. Because
covered parking is not allowed within the Irrigation District's easement along the north boundary
of the site where the South Slough is located, it's not feasible for the applicant to provide
additional covered parking. Therefore, staff recommends the applicant provide a minimum of 331
covered parking as shown on the site plan.
Additionally, covered carports are proposed to be located over the sewer easement for a future
sewer trunk main. Staff recommends these carports be relocated elsewhere on the site, preferably
on either side of the parking for the clubhouse in front of Buildings A and H.
Clubhouse: The applicant proposes a new floor plan and building elevations for the clubhouse
(see Exhibit A.3). The two different elevations shown in Exhibit A.3 are the same building;
building materials are proposed to match those of the apartments. The development agreement
requires a minimum 4,805 square foot clubhouse and 755 square foot cabana consisting of
restrooms & a changing area to be built on the site. The clubhouse is proposed to decrease in size
to approximately 4,536 square feet and include the restrooms and changing area originally
proposed in a separate cabana (gazebo). Four gazebos are still proposed around the pool area but
the cabana previously containing the restrooms and changing area is proposed to be eliminated.
Other than the aforementioned changes, the clubhouse will have the same features as previously
approved.
Staff supports the proposed changes to the floor plan and elevations and recommends a provision
of the DA that requires the building materials be consistent with those of the apartment buildings
in accord with the Design Manual.
Fencing: A 6-foot tall chain link fence is required to be constructed along the north property line
adjacent to the South Slough per requirement of the DA. Because the South Slough has been tiled
there is no longer a need or UDC requirement for the fence. Therefore, the applicant requests
approval to remove this provision. Planning and Parks Department staff are supportive of the
applicant's request as the UDC does not require fencing unless the waterway is open.
Pedestrian Bridge: A pedestrian bridge is required to be constructed across the South Slough at
the north boundary of the property as shown on the approved site plan per requirement of the DA.
Because the South Slough has been tiled, a bridge is no longer necessary. For this reason, the
applicant requests approval to remove this provision. Planning and Parks Department staff concur
with the request provided a pedestrian pathway stub from the internal pathway system to the
north property boundary is constructed as shown on the site plan for connectivity to a future
multi-use pathway along the South Slough easement.
Emergency Access: The Fire Department requires an emergency access to the site to be provided
from a street other than River Valley. The DA requires an emergency access to be provided from
Ally's Way, which is reflected on the previously approved plans. The applicant now proposes an
emergency access to the site via Eagle Road through the Great Wall Restaurant property via an
existing cross-access easement. The reason for this is because Ally's Avenue will not connect
north to Ustick Road for an indeterminate period.
Staff is amenable to a temporary emergency access to the site via Eagle Road; however, once
Ally's Avenue is constructed from River Valley to Ustick Road, staff recommends emergency
access solely be provided from Allys and emergency access via Eagle Road terminate. The
existing access to Eagle Road for the Great Wall property is only temporary and will terminate
once access is available via River Valley when the properties to the south develop.
The access to Ally's shall be constructed prior to issuance of Certificate of Occupancy but may be
gated until such time as Allys is extended to the north and connects to Ustick Road. The site plan
submitted with the Certificate of Zoning Compliance application shall be revised to reflect
emergency access only to Ally's.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site. The applicant will be required to submit a site plan
that demonstrates compliance with those standards with the Certificate of Zoning Compliance
application for the proposed use.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Site/Landscape Plan (Approved & Proposed)
3. Building Elevations of Apartments (Approved & Proposed)
4. Building Elevations & Floor Plans of Clubhouse (Approved & Proposed)
5. Table Showing Unit Mix of Apartments
6. Proposed Changes to Development Agreement
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
Exhibit A.1: Vicinity Map
Exhibit A.2: Site/Landscape Plan (Approved & Proposed)
CONCEPTUAL SITE PLAN
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Exhibit A.3: Building Elevatio~~s of Apartments (Approved & Proposed)
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Exhibit A.4: Building Elevations & Floor Plans of Clubhouse (Approved & Proposed)
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Clubhouse Features
• 24-hour fitness center with
the latest in Personal Fitness
Equipment.
• Play room accessed only
through the fitness center
which allows children to be
seen and heard while their
guardians use the facility.
• Private tanning room for
tenan[use.
• Game room features a custom
billiards table.
• Cyber-cafe with computer,
printers and wireless access
for personal laptops.
• Professionally designed and
decorated.
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Proposed Clubhouse
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River Valley
Clubhouse
4,536 sq. fi
Exhibit A.5 -Table Showing Unit Mix of Apartments
The f~egency a~ ~~°er Vai{ey
Unit Mix
Outside walls S. F.
Non-Executive
3 Bed 5 2 Bed 5 2 Bed M 1 Bed S 1 Bed M Executive
2 Bed Ex. S 1 Bed Ex. S 1 Bed Ex. M
1197 1024 931 828 732 1089 821 791
1162 998 907 778 707 1071 793 777
69 69 67 84 67 84 84 81
134 134 134 134 134 136 136 136
10 10 10 0 0 10 0 0
1375 1211 1118 996 908 1301 1013 994
246244
Unit S.F.
Deck /Patio S.F.
Breezeway S. F.
Storage Closet S. F.
Total S.F.
# of elgs. Building Letter
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B
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7.5 Total
Total # of 1,2,3 Beds
3 Bed S
2 Bed S
2 Bed M
1 Bed 5
1BedM
2 Bed Ex. 5
1 Bed Ex. S
1 Bed Ex. M
Non-Executive
3 Bed S 2 Bed S 2 Bed M i Bed S 1 Bed M Executive
2 Bed Ex. S 1 Bed Ex. 5 1 Bed Ex. M
Total # of units
28 4 32
28 4 32
>12 4 1$ _~2
28 4 32
12 4 32
12 16 4 32
12 7.6 4 16
36 100 12 32 12 24 16 8 240
36 136 68 240
36 15% 16%
100 42% 47%
12 6%
32 13% 18%
12 5%
24 10% 10%
16 7% 10%
8 3%
240 100% 100%
Exhibit A.6 -Proposed Changes to Development Agreement
Applicant's proposed changes are noted in black strike-out/holdhtnderlirre for~nat,~ staff's recommended
changes are noted in red stake-out/bold/underline format.
Section 5 (pages 4-6)
a. A -naximum of x-94 240 multi-family residential units shall be allowed to be constructed on the site.
b. A minimum 4,88 4,536 square foot clubhouse shall be constructed on
the site, as proposed.
c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse,
wester entry feature (bronze statue), swimming pool, hot tub, walking trails, tot lot, gazebos, etc.).
d. All multi-family structures shall comply with the architectural standards listed in UDC 1 1-4-3-27E
~ancfi the iMeridian 13esi~n Manual. Structures shall be constructed on the site in accordance with the
elevations attached in Exhibit A of the staff report. 13uiklin~ materials for the clubhouse shall be
c--nsistent with these of the apa-•tment buiklin~s.
e. The site/structures shall co-nply with the Specific Use Standards listed in UDC I 1-4-3-27 for multi-
family developments and the iVleridian Design Manual.
f. ~l~~tp~l-iea-rt-~
_,
. A variance
(VAR-08-002) to UDC Table 11-3C-6 was approved for a reduction in the number of covered
parking spaces required to be provided for this development from 360 to 299. With the increase
in the number of dwelling units proposed, the revised site plan depicts 331 covered parkin
spaces. Therefore, a minimum of 331 covered parking spaces shall be provided on the site.
h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall
be provided from Ally's 4~'~cy A~cnue. A temporary emer~encv access only is allowed via Eagle
Road until such time as Ally's Avenue is extended to the north and connects to Ustick Road. At
such time, emer~ency access from Eagle Road shall terminate and emergency access shall be
provided via Ally's Avenue.
i. The applicant shall dedicate right-of--way and construct Ally's 41~'ti~= Avenue in accordance with
ACHD standards, in alignment with Ally's try Avenue north of the site, ^~~ "`~° ,,,,..r', ~ ~~'° ~~~' '':'~"'~
~~~~c~: prior to release of occupancy of any structure on this site.
q. The applicant shall construct 6-foot tall vinyl fencing along the west property boundary a+~-C-feat}
as depicted on the
landscape plan. Temporary construction fencing is required to be installed where permanent fencing
is not proposed, around the residential portion of the site prior to issuance of building permits to
contain debris during construction. Fencing shall be constructed in accordance with the standards
listed in UDC 11-3A-7.
s. A 10-foot wide multi-use pathway ~--e over the South Slough shall be constructed on the site
in accordance with the Parks Depa--tment conditions contained in Exhibit B and the standards in the
Master Pathways Plan and UDC 1 1-3A-8.
v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all
of the proposed multi-family structures within this development. All structures must substantially
comply with the building elevations submitted with this application (see Exhibit A), the architectural
standards listed in UDC 1 1-4-3-27E for multi-family developments, a~ the conditions of approval
and DA provisions listed in Exhibit B of this report, and the Meridian Design Manual. NOTE: A
CZC application may include fraultiple/all ~rzulti family structures within the development.
w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the
commercial portion of the development. Because the commercial portion of the property is located
adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the
design standards listed in UDC 1 1-3A-19C and the Meridian Uesi~n Manual.
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