Overland and Linder Apartments H-2017-0093ADA COUNTY RECORDER Christopher D. Rich 2017-096818
BOISE IDAHO Pgs=33 LISA BATT 10/11/2017 02:56 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Evangelical Lutheran Church of America, Owner
3. Southridge Development Company, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this day of (�CA-C)bEJC , 2017 (the "Effective Date"), by and between City of
Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is
33 E. Broadway Avenue, Meridian, Idaho 83642, Evangelical Lutheran Church of America,
whose address is 8765 W. Higgens Road, Chicago, IL 60631, hereinafter called OWNER, and
Southridge Development Company, a Delaware limited liability company, whose address is
6710 E. Camelback Road, Suite 100, Scottsdale, AZ 85251, hereinafter called DEVELOPER,
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A",
which is attached hereto, and by this reference, incorporated herein as if set
forth in full, herein after referred to as the PROPERTY; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of zoning that owners and/or
developers make a written commitment concerning the use or development
of the real property;
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land;
1.4 WHEREAS, the Property is subject to a Development Agreement, as
recorded in the records of the Ada County Recorder under recording number
107074205, and recorded on May 24, 2007, hereinafter called the PRIOR
DEVELOPMENT AGREEMENT,
1.4 WHEREAS, Owner and/or Developer have submitted an application for the
for a modification of the Development Agreement for the purpose of
removing the subject property from the governing Development Agreement
(instrument #113077158) and entering into a new Development Agreement
to develop a 336 -unit multi -family project on 19.50 acres of land under the
UDC, which generally describes how the Property will be developed and the
improvements to be made;
MVELOPMENTAGREEh1ENT—UNDER AND OVERLANDAPARTh1EN7s (1-1-2017.0093) PAGE L OF
1.5 WHEREAS, Owner/Developer have made representations at public
hearings before the Meridian City Council as to how the Property will be
developed and what improvements will be made;
1.6 WHEREAS, the record of the proceedings for the requested development
agreement modification with respect to the Property held before the City
Council, includes responses of government subdivisions providing services
within the City of Meridian planning jurisdiction, and includes further
testimony and comment;
1.7 WHEREAS, on the I9a' day of September, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which will be incorporated into this Agreement and are
attached as Exhibit "B";
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into
this Agreement before the City Council will take final action on final plat;
1.9 WHEREAS, the Property will, pursuant to this Agreement, be removed
from the Prior Development Agreement;
1.10 WHEREAS, Owner and/or Developer deem it to be in their respective best
interests to be able to enter into this Agreement and acknowledge that this
Agreement was entered into voluntarily and at their respective urging and
request; and
1.11 WHEREAS, City requires Owner and/or Developer to enter into this
Agreement for the purpose of ensuring that the Property is developed, and
that the subsequent use of the Property is in accordance with the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: The parties acknowledge and agree that the
above recitals are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: is defined in the preamble.
3.2 OWNER: is defined in the preamble, and shall include any subsequent
owner(s) of the Property.
3.3 DEVELOPER: is defined in the preamble and shall include any
subsequent developer(s) of the Property.
DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 2 OF 8
3.4 PROPERTY: is defined in the recitals.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement and
the Findings. Notwithstanding the foregoing:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC, and
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the Property shall generally comply with the
concept plan and building elevations in Exhibit A.3 and A.4 of the Staff Report
attached to the Findings, the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Architectural Standards Manual (ASM).
b. Except for emergency access to Overland Road as depicted on the
site plan, direct lot access to Overland Road is prohibited unless waived by the City
Council in accord with UDC 11-3A-3.
C. 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.
d. Developer shall be entitled to construct a maximum of 336
residential units may be constructed on the Property.
e. Developer shall incorporate the three (3) retention ponds on the
Property as part of the proposed development as depicted in Exhibit AA of the Staff
Report that is attached to the Findings. The existing retention ponds may count
towards the required open space if designed in accord with UDC 11-3B-11.
6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)
months after the date of the Findings or it is null and void.
7. FINDINGS: The Findings are incorporated into this Agreement as if set forth fully
herein.
S. PRIOR DEVELOPMENT AGREEMENT: The parties acknowledge and agree
that by executing this Agreement, the Property is removed from the Prior Development
Agreement, all obligations that would otherwise be applicable to Developer under the Prior
Development Agreement are replaced in their entirety with the obligations contained herein, and
DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 3 of 8
that, with respect to the Property, this Agreement amends, restates and replaces the prior
Development Agreement in its entirety.
9. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
9.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
9.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted
with diligence and completed within one hundred eighty (180) days;
provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then
the time allowed to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with diligence and
continuity.
9.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 9.2, Owner and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with
all applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or
Developer reserve all rights to contest whether a default has occurred. This
Agreement shall be enforceable in the Fourth Judicial District Court in Ada
County by City or Owner and/or Developer, or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
9.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
9.5 Waiver. A waiver by City of any default by Owner and/or Developer of
any one or more of the covenants or conditions hereof shall apply solely to
the default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or other
covenants and conditions.
DEVELOPMENT AGREEMENT .CINDER AND OVERLAND APARTMENTS (H-2017-0093 PAGE 4 OF 8
10. INSPECTION: Owner and/or Developer shall, promptly, upon completion of the
development of the Property as required by this Agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written approval of such
completed improvements in accordance with the terms and conditions of this Agreement and all
other ordinances of the City that apply to said Property.
]I. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer. if
for any reason after such recordation, the Agreement becomes null and void, the City shall execute
and record an appropriate instrument of release of this Agreement.
12. ZONING: The Property shall be zoned as provided in the Findings.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
the UDC, to insure the installation of improvements required by the Findings, which the Owner
and/or Developer agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and accepted
by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City
in accordance with Paragraph 11 above.
15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
16. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
Evangelical Lutheran Church of America
8765 W. Higgins Road
Chicago, IL 60631
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Southridge Development Company, LLC
c/o The Wolff Company
Attn: H. Curtis Keller
6710 E. Came lback Road, Suite 100
Scottsdale, AZ 85251
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
DEVELOPMENT AGREEMENT -- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 5 OF 8
17. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision hereof,
and that the failure to timely perform any of the obligations hereunder shall constitute a breach of
and a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other
person acquiring an interest in the Property; provided that, upon the sale of the Property, Owner
and/or Developer, as applicable, shall be released from the obligations hereunder. Nothing herein
shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners shall be
both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owner and/or Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner and/or Developer have fully performed their obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
21. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
22. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or
official) challenging the validity of any provision in this Agreement, the parties agree to cooperate
in defending such action or proceeding.
23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to
the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner and/or Developer and City, other than as
are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless reduced to
writing and signed by them or their successors in interest or their assigns, and pursuant, with
respect to City, to a duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 6 OF 9
23.1 No condition this Agreement regarding the Property herein provided for can be
modified or amended without the approval of the City Council and in accordance
with applicable law.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of
the Effective Date.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
IN WITNESS WHEREOF, the parties have herein executed this Agreement and
made it effective as hereinabove provided.
OWNER: M *,Ss i -i -TnVes4m&)+ {j4r)d o F
Evangelical Lutheran Church of America
40 A 2 94v -
DEVELOPER:
Southridge Development Company, LLC, a Delaware limited liability company
By: H. Curtis Keller
Its: Secretary
CITY OF MERIDIAN ATTEST:
-I ED
_O�e STS
By • of L
MayorZa,Tafy de Weerd E IDIAN�
IDAHO
SEAL
DEVELOPMENT AGREEMENT— CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE. 7 OF 9
23.1 No condition this Agreement regarding the Property herein provided for can be
modified or amended without the approval of the City Council and in accordance
with applicable law.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of
the Effective Date.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
IN WITNESS WHEREOF, the parties have herein executed this Agreement and
made it effective as hereinabove provided.
OWNER:
Evangelical Lutheran Church of America
I:
DEVELOPER:
Southridge Development Company, LLC, a Delaware limited liability company
By: If. 6fr"tis Keller
Its: Secretary
CITY OF MERIDIAN ATTEST:
0 -on
Mayor Tammy de Weerd C. Jay Coles, City Clerk
DEVELOPMENT AGREEMENT -CINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 7 OF 8
STATE OF Zt_u'Nb� i
' CC'
County of
eg"M%A.
ACKNOWLEDGMENTS
On this If day of C7v�,Or , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared�t-t-tt p,,,t+,_— known or identified to me to be the
{hdt1AJnG-Mrf. of Evangelical Lutheran Church of America who signed above and acknowledged to
me that he executed the some on behalf of said church.
IN WITNESS WHEREOF, I have hereunto set my hand and fl
certificate rs a
OFFICIAL SEAL.
(SEAL) KIMBERLY L CHARLESTD18
Notary Public • State of IlliNo ry Pu
My Commission Expires Jul 2Residing a.
My Comm
STATE OF
ss:
County of )
my official seal the day and year in this
for
Expires: _7,
On this day of , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the
of Southridge Development Company who signed above and acknowledged to
me that he executed the same on behalf of said corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
STATE OF IDAHO
ss
County of Ada }
Notary Public for
Residing at:
My Commission Expires:
On thi141
s day of (�f)%2Y , 2017, before me, a Notary Public, personally appeared Tammy de
Weerd and C. Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to
me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAT.) •.••""••.• Notary Public for Idaho,
.*,y�NE [�••. Residing at: ,ate ��
Commission expires: - oRR • —
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STATE OF
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County of
ACKNOWLEDGMENTS
On this day of , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the
of Evangelical Lutheran Church of America who signed above and acknowledged to
me that he executed the same on behalf of said church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
Notary Public for
Residing at:
My Commission Expires:
STATE OF Z A
: SS:
County of '(\a6Cocx,� )
On this- SC. day o iQC;��, 2017, before me, the undersigned, a Notary Public in and for said State,
personall ap eared ' ( S .(( F.>--- known or identified to me to be the
of Southridge Development Company who signed above and acknowledged to
me that he executed 1'e same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
"+=Public
T
(SEAL) _izonaty otary Public or AC—
�, • c 17, 2017 Residing at: My Commission Expires: 17— -1 "7,-1'7
STATE OF IDAHO
ss
County of Ada
On this day of 2017, before me, a Notary Public, personally appeared Tammy de
Weerd and C. Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to
me that such City executed the same.
IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT- LINDER AND OVERLAND APARTMENTS (H-2017-0093) PAGE 8 OF 8
EXHIBIT A
Linder and Overland Apartments – H-2017-0093
EXHIBIT A
Linder and Overland Apartments – H-2017-0093
EXHIBIT A
Linder and Overland Apartments – H-2017-0093
EXHIBIT A
Linder and Overland Apartments – H-2017-0093
CITY 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 andAugust 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.
EXHIBIT B
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
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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:
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City Clerk
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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 25th 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.