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.