Waverly Place MDA-13-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIAN+--
In the Matter of the Request for an Amendment to the Development Agreement for Waverly Place
Subdivision, Located on the North Side of E. Magic View Drive, West of S. Wells Street, by Scott
Noriyuki, Northside Management.
Case No(s). MDA-13-006
For the City Council Hearing Date of: Apri12, 2013 (Findings on April 16, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of Apri12, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of Apri12, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of Apri12, 2013, 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-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-006
-I-
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 Conditions of Approval all in the attached Staff Report for the
hearing date of Apri12, 2013, 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-SA 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 an amendment to the development agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of Apri12, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 concerning 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 April 2, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-I3-006
-2-
By action of the City Council at its regular meeting held on the ~ day of
2013. '
COUNCIL, PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL, MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
4~~¢A~~~ ~ ~~~'sT
Attest: Goy ',9
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ti
City of
~/,~E IDIAN~
IDAHO 7
ayce olman, City Clerk ~~ SF.At ~,/~
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°~ r~,e TttE'~`'~
Weerd
VOTED (~Q(A
VOTED
VOTED
VOTED
~-
VOTED
~°
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
BY~ ~~ Dated:
Cly Jerk ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-006
-3-
EXHIBIT A
STAFF REPORT Hearing Date: Apri12, 2013
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: MDA-13-006 -Waverly Place
E IDIAN~--
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Scott Noriyuki, Northside Management, requests approval to amend the existing
development agreement (MDA) for Waverly Place. The development agreement (DA) currently restricts
development on the site to single-family attached townhomes. The applicant's request is to allow the
construction ofsingle-family attached and detached homes within the subdivision. See Section IXAnalysis
for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
~_ ummarv of City Council Public Hearin:
L In favor: Scott Noriyulci
iL In onnosition: None
jji: Commenting: None
i~ Written testimony: Scott Norivuld
y taff nresentin~ annlication: Sonya Watte
yi~ Other staff commentinn on annlication: None
~, ev issues of Discussion by Council•
ii= None
~_ Key Council Changes to Staff/Commission Recommendation
y As recommended by Staff and agreed u~y the aQplicant, modify DA provision #S.le
and #S.lf to require CZC & desinn review for all detached as well as attached units.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-006 as
presented in the staff report for the hearing date of April 2, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-006 as presented
during the hearing on Apri12, 2013, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-13-006 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
Waverly Place MDA-13-006
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the north side of E. Magic View Drive, west of S. Wells Street, in the
NE'/4 of Section 17, Township 3N., Range lE.
B. Owner(s):
Heartland Homes, LLC
6810 Fairhill Place
Boise, ID 83714
C. Applicant:
Scott Noriyuki, Northside Management
6810 Fairhill Place
Boise, ID 83714
D. Representative:
Same as applicant
E. 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. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 11, and 25, 2013
C. Radius notices mailed to properties within 300 feet on: March 8, 2013
D. Applicant posted notice on site by: March 23, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently in the development process. To
date, two attached single-family dwellings as well as the clubhouse and caretaker unit have been
constructed on the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties
surround this site at urban and rural densities.
C. History of Previous Actions:
In 1983, this properly was included as Lot 6, Block 1, in the Amended Magic View Subdivision
plat.
• On March 13, 2007, this property received the following approvals:
- Annexation and zoning (AZ-06-047) of 5.3 acres of land with an L-O zoning district
(Ordinance No. 07-1313). A development agreement was not required with annexation of the
property;
- Conditional use permit (CUP-06-030) for amulti-family residential development in an L-O
district consisting of 24 dwelling units within (6) four plexes; and
- Preliminary Plat (PP-06-049) consisting of 6multi-family residential building lots, 1 clubhouse
building lot, and 3 common lots.
Waverly Place MDA-13-006
EXHIBIT A
• On August 14, 2007, this property received the following approvals:
• Final plat (FP-07-023) consisting of 6multi-family residential building lots, 1 clubhouse lot,
and 4 common lots; and
• Vacation (VAC-07-010) of a portion of the existing right-of--way of Magic View Court that was
created for aturn-around area. Because Magic View has since been extended to the west
through Woodbridge Subdivision, the turnaround was no longer needed. (Approved by ACHD
on February 27, 2008, Res. No. 837)
• An 18 month time extension (TE-09-011) to obtain the City Engineer's signature on the final plat
was approved by the Director on February 27, 2009. The final plat was signed by the City Engineer
on March 2, 2012 and subsequently recorded.
• On June 7, 2010, this property received the following approvals:
- Amendment to the Comprehensive Plan Future Land Use Map (CPAM-10-001) to change the
land use designation on 4.9 acres of land from Office to Medium Density Residential;
- Rezone (RZ-10-004) of 5.3 acres of land from the L-O (Limited Office) to the R-8 (Medium
Density Residential) zoning district with a development agreement (Inst. #111032844); and
- Preliminary Plat (PP-10-003) consisting of 24 single-family residential building lots and 4
common/other lots on 4.9 acres of land for Waverly Place subdivision.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: NA
E. Physical Features:
L Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to modify the existing Development Agreement (DA) (Instrument No. 111032844),
which currently restricts development of the site to single-family attached townhouse dwellings, to
allow for the construction ofsingle-family attached as well as detached dwellings. No additional
density or reduction of common open space is requested.
The applicant has submitted new building elevations for the proposed single-family detached product,
included in Exhibit A.4. Staff is of the opinion the proposed elevations shown in Exhibit A.4 are not
of comparable quality in regard to design and building materials with those of the attached
dwellings shown in Exhibit A.3. The proposed units should have modulation of the rear building
facades, variations in profile of the roofs (2 or more roof planes), pattern variations, and
architectural elements to mitigate blank walls (i.e. windows, color, texture/color of materials).
Therefore, staff does not recommend approval of the proposed elevations for the detached homes.
Staff has communicated this with the applicant and the applicant intends to submit revised
Waverly Place MDA-13-006
EXHIBIT A
elevations prior to the Council hearing. To ensure quality of design, Staff recommends the
detached units include the design specifications noted above.
A site plan showing placement of the detached homes on the lots is included in Exhibit A.7. All
development on the site will be consistent with the material specifications included in the existing DA
(see Exhibit A.5); no changes are requested.
The recorded final plat shown in Exhibit A.6 depicts zero (0) lot lines on internal shared lot lines where
attached dwellings were proposed to be constructed. Where detached homes are proposed in the future,
staff recommends the applicant record an affidavit of change with a legal description(s) and exhibit
map(s) that depict new side utility easement(s) where zero lot lines are currently shown. Said side
utility easement(s) shall be 5 feet wide.
Staff is supportive of the changes to the DA requested by the applicant and as recommended by staff
shown in Exhibit A.2.
X. EXHIBITS
A. Drawings/Other
L Vicinity Map
2. Proposed Amendments to Development Agreement
3. Approved Single-Family Attached Building Elevations
4. Proposed Single-Family Detached Building Elevations
5. Material Specifications Proposed by the Developer & Included in the Existing DA
6. Recorded Plat
7. Site Plan Showing Placement of Detached Homes on Lots
8. Previously Approved Site Plan for Attached Units & Landscape Plan
Waverly Place MDA-13-006
EXHIBIT A
Exhibit A.1: Vicinity Map
Waverly Place MDA-13-006
EXHIBIT A
Exhibit A.2: Proposed Amendments to Development Agreement
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Properly in accordance with the following special conditions:
a. Off-street parking shall be provided on the site in accord with the requirements for reuse
single-family dwellings listed in UDC Table 11-3C-6.
b. All ~eme single-family attached structures constructed on the site shall substantially
comply with the elevations shown in Exhibits A.~3 of the staff report. Further, there shall be a
minimum of two different styles of homes constructed within the development for variety.
c. The clubhouse/caretaker structure shall substantially comply with the building elevation
(including construction materials) shown in Exhibit A.6 of the staff report.
d. Development of the site shall substantially comply with the site plan and landscape plan
included in Exhibit A of the staff report.
e. A Certificate of Zoning Compliance (CZC) application is required to be submitted for each of
the proposed ~eme attached and detached_structures '
. More than one of the structures may be contained in the same CZC
application.
f. An Administrative Design Review application is required to be submitted concurrently with the
CZC application for all attached and detached residential structures
a.,,°"~^^ ~ ~~+~ °~a +''° °'••''''°~~~° ~*~-•~^*~~~° in accord with UDC 11-SB-8B and as reauired by
City Council. As applicable, the site and structures shall comply with the standards listed in
UDC 11-3A-19 and the guidelines contained in the City's Design Manual.
g. Development of the site shall be consistent with the material specifications provided by the
applicant included in Exhibit A.7 of the staff report.
h. To ensure quality of design, all single-family detached structures shall include modulation of
the rear building facades, variations in profile of the roofs (2 or more roof planes), pattern
variations, and architectural elements to mitigate blank walls (i.e. windows, color, texture/color
of materials). Further, there shall be a minimum of two different styles of detached homes
constructed within the development for variety.
i. Where detached homes are proposed in the future, the applicant shall record an affidavit of
change (related to the final plat with a legal description(s) and exhibit maps) for the new side
utility easement(s) where zero lot lines are currently shown.
Waverly Place MDA-13-006
Waverly Place MDA-13-006
EXHIBIT A
Exhibit A.3: Approved Single-Family Attached Building Elevations
EXHIBIT A
Waverly Place MDA-13-006
EXHIBIT A
Exhibit A.4: Proposed Single-Family Detached Building Elevations (NOT APPROVED)
Waverly Place MDA-13-00C
EXHIBIT A
Exhibit A.S: Material Specifications Proposed by the Developer & Included in the Existing DA
Waverly Place Townhome
Material Minimums
SPEC SHEET
2X6 EXTERIOR WALLS @ 16 INCH ON CENTER
TJI FLOOR JOISTS 19.2 INCH ON CENTER
R-21 EXTERIOR BLOW IN BLANKET WALL INSULATION
R-40 INSULATION IN ATTIC
AIR SEAL
R-19 INSULATION IN FLOOR
OVER AND ABOVE ENERGY STAR INSULATION PACKAGE
VINYL WINDOWS
LOW E GLASS
30 YEAR ARCH. SHINGLES W/ HIGH RIDGE
COTTAGE LAP MASONITE/CEMENTATIUS SIDING
INSULATED GARAGE DOORS WITH BELT DRIVE OPENER
90% EFFICIENT FURNACE
9 FT. CEILINGS
3 EXTERIOR PAINT COLORS
HAND TEXTURED WALLS
HARDWOOD FLOORING -ENTRY, KITCHEN & DINING
TILE FLOOR AND SHOWER 1N MASTER BATHROOM
GRANITE COUNTERTOPS -KITCHEN & BOTH BATHROOMS
PLUMBED FOR CENTRAL VACUUM
OIL RUBBED BRONZE FIXTURES
CRAFTSMAN STYLE DOORS & TRIM
BLACK & STAINLESS APPLIANCES
CUSTOM BUILT ALDER CABINETS
FINISHED & PAINTED GARAGE
3 INTERIOR PAINT COLORS
Items of Clarification regarding the Waverly Project:
Clubhouse: Addition of secondary patio for Common Area use.
Includes secondary dormer, concrete patio and doors.
Existing patio for Living Quarters will be slightly reduced but remain.
Added plantings between the two patios to provide separation.
Incorporate stone or stucco into rear elevation of clubhouse to ensure material diversity.
Consider false dormers along roofline in an effort to break up roofline.
*commitment to meet with neighbors between P&Z and City Council to review finalized
designs.
Driveways: Add stamped and/or stained concrete ribbon strips along borders to break up driveways
and add diversity.
Waverly Place MDA-13-006 10
EXHIBIT A
Fencing: Add and/or repair fencing along West, North and Eastern property lines.
Fencing to transition down to 4' at common lots.
Termination points of fencing to be softened with plantings.
Homes: Minimum of 1,500 sf living space.
To be consistent with square footages represented on floor plans
Incorporates stone or stucco at side and rear elevations that are viewed by Magic View
Drive.
Consider false dormers along roofline in an effort to break up rooflines.
*homes to be built consistent with submitted designs.
*exterior materials to be consistent with attached Spec Sheet submitted at neighborhood
meeting.
Waverly Place MDA-13-006 11
EXHIBIT A
Exhibit A.6: Recorded Plat
PLAT SHOWING
WAVERLY PLACE SUBDIVISION
A RE-SUBDIVISION OF A PORTION OF LOT 6 OF AMENDED MAGIC VIEW SUBDIVISION
LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION 17 T.3N., R.1 E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
2012
REAL POINT OF BEGINNING
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SHEET 1 OF 2
Waverly Place MDA-13-006 12
EXHIBIT A
Exhibit A.7: Site Plan Showing Placement of Detached Homes on Lots
Waverly Placc MDA-13-006 13
EXHIBIT A
Exhibit A.8: Previously Approved Site Plan for Attached Units & Landscape Plan
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Waverly Pl1cc MDA-13-006 14
EXHIBIT A
Wlverly Place M DA-13-006 15