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HomeMy WebLinkAboutRegency at River Valley Phase 3 MDA FFCL V1FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR REGENCY AT RIVER VALLEY PHASE 3 – MDA H-2021-0059 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Denial of the Request for Modification to the Existing Development Agreements (AZ-12-010, Inst. #113005608 – SGI; and H-2019-0121, Inst. #2020-062947 – Bach Storage) to Remove the Subject Property from the Existing Agreements and Create One New Agreement for the Development of a 134-Unit Multi-Family Project (i.e. Regency at River Valley Phase 3), by Bach Homes. Case No(s). H-2021-0059 For the City Council Hearing Dates of: October 19, November 23 and 30, 2021 (Findings on December 14, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has entered an order of denial 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. 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR REGENCY AT RIVER VALLEY PHASE 3 – MDA H-2021-0059 - 2 - 1. The applicant’s request for a modification to the Development Agreement is hereby denied per the discussion and motion by City Council at the hearing on November 30, 2021. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of November 30, 2021 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR REGENCY AT RIVER VALLEY PHASE 3 – MDA H-2021-0059 - 3 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2021. COUNCIL PRESIDENT TREG BERNT VOTED_______ COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED_______ COUNCIL MEMBER JESSICA PERREAULT VOTED_______ COUNCIL MEMBER LUKE CAVENER VOTED_______ COUNCIL MEMBER JOE BORTON VOTED_______ COUNCIL MEMBER LIZ STRADER VOTED_______ MAYOR ROBERT SIMISON VOTED_______ (TIE BREAKER) Mayor Robert Simison Attest: _______________________________ Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: __________________________________ Dated: ________________________ City Clerk’s Office Page 1 HEARING DATE: 11/30/2021 Continued from 9/28/21, 10/19/21 and 11/23/21 TO: Mayor & City Council FROAM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2021-0059 Regency at River Valley Phase 3 LOCATION: 3270 & 3280 E. River Valley St. & 2480 N. Eagle Rd., in the NW ¼ of Section 4, Township 3N., Range 1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreements (AZ-12-010, Inst. #113005608 – SGI; and H- 2019-0121, Inst. #2020-062947 – Bach Storage) to remove the subject property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project (i.e. Regency at River Valley Phase 3). II. SUMMARY OF REPORT A. Applicant: Brian Carlisle, Bach Homes – 11650 State St., Ste. 300, Draper, UT 84020 B. Owner: Shon Rindlisbacher, Bach Homes – 11650 S. State Street, Draper, UT 84020 C. Representative: Same as Applicant III. STAFF ANALYSIS The existing Development Agreements for the subject property requires the northern portion of the site to develop with a self-service storage facility (Bach Storage) and the southern portion with a 10,150 square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through (Option B) (SGI). The Applicant proposes to replace both of those DA’s with one (1) new DA for the subject property STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Page 2 with a new conceptual development plan. A multi-family development is proposed to develop on the site consisting of 134 apartment units on 2.57 acres of land in the C-C and C-G zoning districts. A mix of studio, 1- and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor. Off-street parking will be required per the standards listed in UDC Table 11-3C-6 for multi-family developments. Qualified open space will be required per the standards listed in UDC 11-4-3-27C; in phased developments such as this, common open space is required to be provided in each phase consistent with the requirements for the size & number of dwelling units. Common open space and site amenities are proposed to be shared between all phases of Regency at River Valley. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and will be reviewed with the conditional use permit application. Adjustments may be necessary to the concept plan to comply with these standards. A subsequent conditional use permit (CUP) application is required to be submitted and approved for the proposed multi-family development in the C-C and C-G zoning districts. Development is subject to the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review will take place with the CUP application to determine consistency with the specific use standards and other UDC standards. High density residential (i.e. apartments) uses are desired in the Mixed Use – Regional Future Land Use Map (FLUM) designation especially when located adjacent to SH-55/Eagle Rd. and employment destination centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the east (i.e. Regency at River Valley) and will contribute to the mix of commercial (retail, restaurants, etc.), office and civic (Kleiner Park, Senior Center) uses in the area. For this reason, Staff is supportive of the proposed DA modification and has included recommended provisions for the new DA in Section VI. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. B. The Meridian City Council heard this item on October 19, 2021. At the public hearing, the Council moved to continue the subject MDA request to November 23, 2021 (continued to November 30th due to lack of a quorum). On November 30th, the City Council moved to deny the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Brandon Whallon, Bach Homes; Ryan Hales, Hales Engineering; Alex Dahl, Bach Homes (Architect) b. In opposition: None c. Commenting: JoAnn Butler, Spink-Butler d. Written testimony: None e. Staff presenting application: Caleb Hood, Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Concern for the required backage road to be providing access over private property to properties that don’t front on Eagle Rd. (i.e. earlier phases of Regency at River Valley apartments). 3. Key issue(s) of discussion by City Council: a. Multi-family use along Eagle Road; entitlement process; open space and amenity provisions; school impacts; sharing of amenities and open space from previous phases Page 3 and how that works; traffic flow, vehicular access/cross-access; and DA modification for the property to the east; b. Concern pertaining to what will happen if the required open space and site amenities for the multi-family development can’t be provided due to site constraints; c. Question pertaining to timing of extension of the backage road parallel with Eagle Rd. further to the north across the South Slough; d. Questions pertaining to consistency of the proposed site design with UDC standards and Fire Department requirements; e. Questions pertaining to how pedestrian connectivity will be provided between the subject development and the existing earlier phases of the development to the east; f. Discussion on whether or not residential is more appropriate than a storage facility to develop on this site. 4. City Council change(s) to Staff recommendation: a. City Council denied the requested MDA as presented during the hearing due the following reasons: not having the access with some of the contiguous properties to the north adequately “flushed out”; issues with traffic and parking and associated traffic circulation; and not the right time for the City to approve the modification. Page 4 V. EXHIBITS A. Existing Approved Conceptual Development Plans (dated: 12/13/18) SGI Approved Option A or B Page 5 Bach Storage Approved Conceptual Development Plan Page 6 B. Proposed Conceptual Development Plan Page 7 C. Legal Description for Property Subject to New Development Agreement Page 8 Page 9 Page 10 VI. DEVELOPMENT AGREEMENT PROVISIONS 1. Development of the subject property shall no longer be subject to the terms of the Development Agreements for Bach Storage (H-2019-0121, Inst. #2020-062947) and SGI (AZ-12-010, Inst. #113005608). 2. Development of the subject property shall be generally consistent with the conceptual development plan shown in Section V.B. 3. Direct access to the site via N. Eagle Rd./SH-55 is prohibited per UDC 11-3H-4B.2. 4. A cross-access easement shall be granted to the properties to the north (Parcel #S1104233802), east (Parcel #R0748300100) and south (Parcel #R7476320010) for access via E. River Valley Street. A copy of the recorded easements shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for this site. 5. A 10-foot wide multi-use pathway shall be constructed along N. Eagle Rd. and E. River Valley St. within a public use easement; pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study per the standards listed in UDC 11-3H- 4C.3. 6. A public pedestrian easement for the multi-use pathway shall be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site as set forth in UDC 11-3H-4C.3. 7. Future development shall comply with the design standards listed in the Architectural Standards Manual. 8. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C and C-G zoning districts as set forth in UDC Table 11-2B-2. The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s).