Southridge Apartments MDA-15-010CITY OF MERIDIAN ERIDIAN-*----
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER 1
In the Matter of the Request for a Modification to the Development Agreement for Southridge
Apartments to Update the Conceptual Development Plan, by Southridge Farm, LLC.
Case No(s). MDA -15-010
For the City Council Hearing Date of: October 6, 2015 (Findings on October 13, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 6, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 6, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 6, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October. 6, 2015, 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 neaps 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 § 11-5A.
4. Due consideration has been given to the comments) 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 Cleric 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 6, 2015, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). MDA -15-010 - I -
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 development agreement (Instrument No.
11109962 1) is hereby approved per the provisions in the Staff Report for the hearing date of
October 6, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
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 two (2) year approval period
(UDC 11-513-3F).
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 October 6, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -15-010 - 2 -
By action of the City Council at its regular meeting held on the 3 day of �G�i%`�-�
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor eerd
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Attest: SCP
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Jaycee H lman SFS �w
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -15-010 - 3 -
EXHIBIT A
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.
The Meridian City Council heard this item on October 6, 2015. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Jason Densmer
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application:
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
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.)
EXHIBIT A
Southridge Apartments MDA-15-010 2
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:
Southridge Farm, LLC
209 W. Main St.
Boise, ID 83702
C. Applicants:
DBTV Southridge Farm, LLC
209 W. Main St.
Boise, ID 83702
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.
EXHIBIT A
Southridge Apartments MDA-15-010 3
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.
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.
EXHIBIT A
Southridge Apartments MDA-15-010 4
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
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
EXHIBIT A
Southridge Apartments MDA-15-010 5
Exhibit A.1: Vicinity Map
EXHIBIT A
Southridge Apartments MDA-15-010 6
Exhibit A.2: Existing Conceptual Development Plan (dated: July 16, 2011)
EXHIBIT A
Southridge Apartments MDA-15-010 7
Exhibit A.3: Proposed Conceptual Development Plan (dated: August 28, 2015)
EXHIBIT A
Southridge Apartments MDA-15-010 8
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.