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Linder and Overland Apartment MDA Findings H-2017-0093CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to Amend the Recorded Development Agreement (DA) (instrument #113077158) for the Purpose of Removing the Subject Property from the Governing DA and Entering into a new DA to Develop a 336-unit Multi-family Project, by Wolff Enterprises II, LLC. Case No(s ). H-2017-0093 For the City Council Hearing Date of: July 25 and August 22, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2017, 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 § 11-5A. 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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22, 2017, 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 § 11-5A 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 22, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. 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 August 22, 2017 By action of the City Council at its regular meeting held on the day of GqJ 2017. COUNCIL PRESIDENT KEITH BIRD VOTED %e� COUNCIL VICE PRESIDENT JOE BORTON VOTED yell COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC41 COUNCIL MEMBER. TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED Ya' COUNCIL MEMBER GENESIS MILAM VOTED I&t MAYOR TAMMY de WEERD VOTED (TIE BREAKER) -amm Weerd Attest: O�Qo�p"I AUGVST',� 2ow c11y or �E IDIS IANC- IOAHO C, ay Co w City Clerk Z�� SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: wvba-Q W Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0093 - 3 - EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 1 STAFF REPORT HEARING DATE: August 22, 2017 (Continued from July 25, 2017) TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor (208) 884-5533 SUBJECT: Linder and Overland Road Apartments – H-2017-0093 I. SUMMARY DESCRIPTION OF REQUEST The applicant, Wolff Enterprises II, LLC, is requesting to amend the recorded development agreement (DA) (instrument #113077158) for the purpose of removing the subject property from the governing DA and entering into a new DA to develop a 336-unit multi-family project. For informative purposes, the applicant has provided a concept plan and sample elevations that represents the future design of the proposed development. Further, refinement of the site plan and building elevations will occur with the submittal of a certificate of zoning compliance and administrative design review application if Council grants approval of the subject DA modification. II. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII and the Exhibits A.3-A.6 in the staff report. The Meridian City Council heard this item on July 25 and August 22, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: ii. In opposition: None iii. Commenting: Nancy Szofran (in opposition), Stephanie Downs (in opposition) and Adam Braden (in opposition) iv. Written testimony: None v. Staff presenting application: Bill Parsons and Warren Stewart vi. Other staff commenting on application: Bill Nary b. Key issue(s) of Public Testimony: i. Too many apartments in Meridian. ii. Surrounding neighbors were not informed of the proposed multi-family development. iii. Adequate public services to serve multi-family developments. c. Key Issues of Discussion by Council: i. Landscape design of the ACHD retention ponds and confirmation from ACHD on the inclusion of the ponds as qualified open space. ii. Design of the proposed development. iii. Public hearing notification regarding development agreement modifications. iv. Adequate water and sewer capacity to serve the proposed development with the increase in density. v. Parking ratio for the proposed development. vi. Add a minimum of two tot lots as amenities for the development. d. Key Council Changes to Staff Recommendation i. Council required additional exhibits to be included in the development agreement (see Exhibit A.3 and A.4). EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 2 ii. DA provision #5 – Council struck the requirement to coordinate with ACHD on the inclusion of the ACHD retention ponds. Both staff and the applicant contacted ACHD and it was confirmed that the applicant could improve the retention ponds and incorporate them into the overall open space of the proposed development. iii. DA provision #6 – Council struck this DA provision. AutoCAD file was submitted to Public Works for modeling after the July 25 th hearing. The modeling determined there was adequate water and sewer capacity to serve the proposed development. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number H-2017- 0093, as presented in staff report for the hearing date of August 22, 2017, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the provisions noted in Exhibit A.6. Denial After considering all staff, applicant, and public testimony, I move to deny file number H-2017-0093, as presented during the hearing on August 22, 2017. (You should state why you are denying the request.) Continuance I move to continue file number H-2017-0093 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 site is located on the south side of W. Overland Road, west of S. Linder Road in the NE ¼ of Section 23, Township 3 North, Range 1 West. (Parcel #S1223120620) B. Applicant: Wolff Enterprises, LLC 6710 E. Camelback Road, Suite 100 Scottsdale, AZ 85251 C. Evangelical Lutheran Church of America 8765 W. Higgins Road Chicago, IL 60631 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: July 7, 2017 C. Radius notices mailed to properties within 300 feet on: June 29, 2017 D. Applicant posted notice on site by: July 14, 2017 VI. LAND USE A. Existing Land Use(s): The subject property is vacant property, zoned TN-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by undeveloped and underdeveloped commercial and residential properties, EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 3 zoned C-C, TN-C and TN-R. Near the proposed development are county residents and single- family homes, zoned, RUT, R-8 and TN-R. 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 the development agreement could move forward without platting (ROS 8550). This site is parcel 2 on said record of survey. • In 2008, a Conditional Use Permit (CUP-08-027) and a development agreement modification (MDA-08-004) were approved on the subject property to develop an 87,757 square foot assisted living facility containing 187 residential units. The amended DA recorded as instrument #1111099621. The amended DA replaced the original DA approved with the annexation of the property noted above. • In 2012, another development agreement modification (MDA-12-009) was approved by the City that replaced the DA approved with MDA-08-004. The recorded DA governing the site recorded as Instrument #113077158. VII. STAFF ANALYSIS The applicant wishes to remove the subject property from the original development agreement and enter into a new DA with the City. With the previous DA modification (MDA 12-009), the Council approved a new conceptual development plan and capped the number of residential units that could develop on the subject property (see Exhibit A.2). The approved concept plan depicts an assisted living facility, church and associated site improvements. The number of residential units that are currently allowed to develop on the property is 250 units. The applicant has submitted a new concept plan and conceptual building elevations depicting a 336- unit multi-family development consisting of fourteen (14) three-story apartment buildings and a 9,000 square foot clubhouse/community building, all to develop in a single phase. The new concept plan also depicts site access, open space/amenities, parking and site circulation (see Exhibit A.3 and A.4). The open space proposed for the project is approximately 1.86 acres and the applicant is proposing the following amenities: 1) Clubhouse; 2) pool and spa; 3) Fitness room; 4) Children’s play structure; and 5) two (2) barbecue areas and picnic areas. NOTE: The site is currently developed with three (3) ACHD retention ponds. To ensure that this is an attractive development, staff believes that the applicant should make every effort to incorporate these facilities into their proposed design. If the ponds are designed in accord with UDC 11-3B-11, these facilities could count towards the required open space for the proposed development. EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 4 The building materials proposed for the apartments and clubhouse include board and batten siding, fiber cement paneling, and composite shingles. In general, staff is supportive of the proposed building materials however, the proposed structures need to provide variations in design, building materials wall plane and rooflines as desired by the architectural standards manual (ASM). Compliance with the ASM will occur with the submittal of the design review application. If the DA modification is approved the underlying zoning of the property (TN-C) only requires the applicant to receive CZC and DES approval (staff level approval). In general, staff is supportive of the design concepts, open space and amenity package submitted with the application however; a comprehensive review of the submitted plans has not been done to ensure the plans as submitted comply with all of the multi-family standards and the design standards of the UDC and the ASM. Further refinement will be necessary to ensure the site and building designs comport with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Architectural Standards Manual (ASM) and the open space and site amenities set forth UDC 11- 3G and UDC 11-4-3-27. Staff recommends the following DA provisions be incorporated into a new development agreement as follows: 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family development on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11- 3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan (REVISED) 4. Proposed Building Elevations (REVISED) 5. Legal Description and Exhibit Map Subject to the New DA 6. Proposed Development Agreement Provisions EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 5 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 6 Exhibit A.2 – Approved Concept Plan Site EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 7 Exhibit A.3 – Proposed Concept Plan (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 8 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 9 Exhibit A.4 – Proposed Building Elevations (REVISED) EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 10 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 11 Exhibit A.5 – Legal Description and Exhibit Map Subject to the New DA EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 12 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 13 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 14 EXHIBIT A Linder and Overland Apartments – H-2017-0093 Page 15 Exhibit A.6 – Recommended Development Agreement Provisions 1. Development of the property shall generally comply with the concept plan and building elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. Any future multi-family use on the site must obtain approval of a certificate of zoning compliance and administrative design review application and comply with the specific use standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G. 4. The applicant shall construct a maximum of 336 residential units on the site. 5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of the proposed development as depicted in Exhibit A.4. The existing retention ponds may count towards the required open space if designed in accord with UDC 11-3B-11. 6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the proposed development per Public Works specifications, so that capacity modeling can be completed to ensure there is adequate sewer capacity and fire flows to serve the proposed development.