CC - Staff Report
Southridge Apartments MDA-15-010 1
STAFF REPORT
HEARING DATE: October 6, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: MDA-15-010 – Southridge Apartments
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, DBTV Southridge Farm, LLC, requests an amendment to the existing development
agreement (MDA) (Instrument No. 111099621) to update the conceptual development plan for the
Southridge Apartments site. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-15-010 as
presented in the staff report for the hearing date of October 6, 2015, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-15-010 as presented
during the hearing on October 6, 2015, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-15-010 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:
The subject property is located on the south side of W. Overland Road, midway between S. Linder
Road and S. Ten Mile Road, in the north ½ of Section 23, Township 3N., Range 1W.
B. Owner:
DBTV Southridge Farm, LLC
209 W. Main St.
Boise, ID 83702
C. Applicants:
DBTV Southridge Farm, LLC
209 W. Main St.
Boise, ID 83702
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Corey Barton Homes, Inc.
1977 E. Overland Road
Meridian, ID 83642
D. Representative:
Jason Densmer, The Land Group, Inc.
462 E. Shore Dr., Ste. 100
Eagle, ID 83616
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: September 14 and 28, 2015
C. Radius notices mailed to properties within 300 feet on: September 10, 2015
D. Applicant posted notice on site by: September 21, 2015
VI. LAND USE
A. Existing Land Use(s): This property has not yet been developed and is zoned R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The area surrounding the subject
property consists of a rural residential property, zoned RUT in Ada County and undeveloped land zoned
TN-R, TN-C, R-2, R-4, R-8 and L-O.
C. History of Previous Actions:
In 2007, this property was annexed (AZ-06-031) with a development agreement (Instrument No.
107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision.
A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10 original
parcels of record that were of record in the Ada County recorder’s office prior to April 2, 1984. The
boundaries of these parcels were adjusted so that the parcels that were consistent with the master
concept plan and development agreement could move forward without platting.
In 2011, an amendment to the Comprehensive Plan future land use map (CPAM-11-001) to change
the land use designation on 26.38 acres of the site from Medium Density Residential to Medium
High Density Residential; and a rezone (RZ-11-002) of 42.36 acres of land from the TN-R, R-4 and
R-8 zoning districts to the R-15 zoning district was approved. A new development agreement was
required as a provision of the rezone, recorded as Instrument No. 111099621, which separated this
property from the development agreement for the larger Southridge development.
A property boundary adjustment (PBA-14-012) was approved on July 23, 2015 that reconfigured
the boundaries of this site (ROS #10035).
Note: A rezone (RZ-14-007) of 3.05 acres of land from the R-15 to the TN-R zoning district and
preliminary plat (PP-14-017) was approved by City Council on July 21, 2015 pending approval of the
subject development agreement modification and Findings. The rezone and plat encompassed the
southeast portion of the site indicated with the red arrow shown in Exhibit A.2.
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VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The current development agreement (DA) (Instrument No. 111099621) for Southridge Apartments
requires a modification to the development agreement to update the conceptual site plan to include a
development plan for the area noted as Phase III prior to development of the third phase.
The proposed modification only incorporates the eastern 3.05 acres of the Phase III area. This portion of
the site was sold and is proposed to develop with single-family homes as part of Southridge Estates
Subdivision as shown in Exhibit A.2.
The applicant does not propose any text changes; however, after reviewing the DA, staff recommends
some changes to the agreement as noted in Exhibit A4 as follows: (Staff’s analysis on the reason for the
change is noted below the provision in italics.)
5.1.1 Development of the site shall substantially comply with the conceptual site plan included in
Exhibit B, the design standards listed in UDC 11-3A-19 and the guidelines contained in the
City of Meridian Design Manual or any updated version thereof in effect at the time of
development.
Changes to the City’s design standards are currently in process; future development should
comply with the standards in effect at the time of development.
5.1.2 All future development shall comply with the dimensional standards for the R-15 zoning
district contained in UDC Table 11-2A-7 and the TN-R zoning district contained in UDC
Table 11-2D-6 as applicable.
The northeast portion of the site was approved to be rezoned to TN-R (RZ-14-007);
development should comply with the TN-R standards.
5.1.8 The northern parcel (Parcel No. S1223212404) is a legal parcel which does not require
platting and the southern parcel (Parcel No. S1223120934) is not a legal parcel and does
require platting in order to obtain building permits. The developer is required to obtain
approval of a property boundary adjustment in order to extend the boundary of the existing
legal parcel (Parcel No. S1223212404) (i.e. to match the boundary of Phase 1 as generally
depicted on the conceptual plan) and/or plat the property in order to create a legal lot(s),
prior to issuance of a Certificate of Zoning Compliance on property that encompasses the
southern parcel.
Since the DA was recorded, a property boundary adjustment (PBA-14-012) was approved
and recorded that created the current legal parcel boundaries and this condition is no
longer applicable.
5.1.9 The subject property shall be platted prior to development of Phase III as shown on the
concept plan, in order to dedicate the right-of-way necessary for a public street.
The property designated as Phase III is now a legal parcel with approval of PBA-14-012
and does not require platting; right-of-way for the public street is being dedicated with the
Southridge Estates Subdivision plat.
Staff has reviewed the proposed changes to the conceptual development plan and finds the proposed
change from multi-family dwellings to single-family dwellings on the eastern portion of the site will
provide a transition in home sizes and density to the future apartments to the northwest. Further, the
public street proposed to be constructed with Southridge Estates Subdivision will separate the multi-
family from the single-family and also provide a transition. The recommended changes to the text of the
DA will update the agreement to reflect more recent approvals for this site. Therefore, Staff is in
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support of the applicant’s request and recommends approval of the MDA as requested by the applicant
and as proposed by staff.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing Conceptual Development Plan (dated: July 16, 2011)
3. Proposed Conceptual Development Plan (dated: August 28, 2015)
4. Staff’s Recommended Changes to the Text of the Development Agreement
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Exhibit A.1: Vicinity Map
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Exhibit A.2: Existing Conceptual Development Plan (dated: July 16, 2011)
Southridge Apartments MDA-15-010 7
Exhibit A.3: Proposed Conceptual Development Plan (dated: August 28, 2015)
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Exhibit A.4: Staff’s Recommended Changes to the Text of the Development Agreement
Pages 3-4 of 9
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Development of the site shall substantially comply with the conceptual site plan included in
Exhibit B, the design standards listed in UDC 11-3A-19 and the guidelines contained in the
City of Meridian Design Manual or any updated version thereof in effect at the time of
development.
2. All future development shall comply with the dimensional standards for the R-15 zoning
district contained in UDC Table 11-2A-7 and the TN-R zoning district contained in UDC
Table 11-2D-6 as applicable.
3. The developer shall comply with all ACHD conditions of approval associated with
development of this site.
4. An easement recorded on 10/02/09 as instrument #109112713 grants cross-access to Parcel
No. S1223120727 – the 4.8 acre parcel to the east of the subject property.
5. Prior to development of the third phase of the project, a modification to the development
agreement is required to update the conceptual site plan to include a development plan for
this area.
6. The 30-foot wide road right-of-way easement known as Old Thorn Lane that runs through
this site and provides access to the Rice property (parcel #S1223131250) shall be protected
and preserved throughout the construction process and after; or, an alternative access route
shall be provided with the appropriate instrument.
7. The road right-of-way easement for Old Thorn Lane shall be vacated at such time as the
easement has either been relocated or is no longer needed.
8. The northern parcel (Parcel No. S1223212404) is a legal parcel which does not require
platting and the southern parcel (Parcel No. S1223120934) is not a legal parcel and does
require platting in order to obtain building permits. The developer is required to obtain
approval of a property boundary adjustment in order to extend the boundary of the existing
legal parcel (Parcel No. S1223212404) (i.e. to match the boundary of Phase 1 as generally
depicted on the conceptual plan) and/or plat the property in order to create a legal lot(s),
prior to issuance of a Certificate of Zoning Compliance on property that encompasses the
southern parcel.
9. The subject property shall be platted prior to development of Phase III as shown on the
concept plan, in order to dedicate the right-of-way necessary for a public street.