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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 �D�ATGDAU� Attest: SCP C;tv of EPID! -A N-* - 'Ll/d/"U 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.