Southridge Apartments (H-2020-0109) Findings Item#11.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER A
In the Matter of the Request for a Modification to the Existing Development Agreement(Inst.No.
2015-112096)to Include an Updated Conceptual Development Plan for the Third Phase of
Development,by The Land Group,Inc.
Case No(s). H-2020-0109
For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 22,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 22,2020,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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109
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Item#11.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 22,2020, 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 a modification to the Development Agreement is hereby approved
per the provisions in the Staff Report for the hearing date of December 22,2020,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. 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 December 22,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109
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Item#11.
By action of the City Council at its regular meeting held on the 5th day of January
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-5-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109
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EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 12/22/2020 Legend Rl
DATE: ��project Laian
L �
TO: Mayor&City Council �Ri' RUT
FROM: Sonya Allen,Associate Planner ° °
TN-
208-884-5533 R-
R l R-8 ICE
SUBJECT. H-2020-0109
R
Southridge Apartments R a R-4 R•2
LOCATION: South of W. Overland Rd.,midway -
between S. Ten Mile Rd. and S. Linder RU
Rd.,in the north'/2 of Section 23,T.3N., R
R.1W. (Parcel#S1223120955)
I. PROJECT DESCRIPTION
Modification of the existing Development Agreement(Inst. #2015-112096)to include an updated
conceptual development plan for the third phase of development.
II. APPLICANT INFORMATION
A. Applicant:
Kristen McNeill, The Land Group, Inc.-462 W. Shore Dr., Ste. 100,Eagle,ID 83616
B. Owner:
Tim Eck, Southridge Farm, LLC-6152 W. Half Moon Ln.,Eagle,ID 83616
C. Representative:
Jason Densmer,The Land Group,Inc.-462 E. Shore Dr., Ste. 100, Eagle, ID 83616
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
12/4/2020
Radius notice mailed to
properties within 300 feet 11/23/2020
Public hearing notice sign posted 12/10/2020
Next Door 11/23/2020
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Item#11.
IV. STAFF ANALYSIS
History: This property was annexed as part of the larger Southridge Subdivision development in 2007
(AZ-06-031); a Development Agreement(DA) was approved with the annexation (Inst. #107074205).
An amendment to the DA (Inst. #107074205) was approved in 2008, which replaced the original
agreement(MDA-08-004, Inst. #111102269, recorded on 12115111) but was actually recorded after a
subsequent amendment to the DA associated with RZ-11-002 referenced below but didn't reference
that agreement.
In 2011, an amendment to the original DA (Inst. 107074205) was approved with the rezone (RZ-11-
002) to R-15 that replaced the original DA and separated the subject property into its own DA—this
amendment appears to have "crossed paths"at the same approximate time as the DA associated with
MDA-08-004 and therefore included incorrect reference numbers for the recorded DA it was
replacing. This amendment included a conceptual development plan for the first two of three phases
of a multi family development and was required to be modified prior to development of the third
phase to include an updated concept plan for that area (Inst. #111099621, recorded on 1217111).
An amendment to the agreement(Inst. #111099621) was approved in 2015 to change the development
plan for the eastern 3.05 acres of the third phase from multi family to single-family but did not
include a development plan for the remaining portion of Phase 3 (MDA-15-010, Inst. #2015-112096).
An amendment to the existing Development Agreement(DA) (Inst. #2015-112096, Southridge
Apartments—MDA-15-010) is proposed to include a conceptual development plan for the third and
final phase of the multi-family development, as required by the DA. The concept plan also includes
the previously approved first and second phases of development.
The proposed concept plan depicts a total of 14 structures on 8.61 acres of land containing
approximately 164 dwelling units with associated common areas, access driveways and parking for
the third phase of development(see Section VI.B). Two (2) access driveways are proposed via S.
Grand Fork Way, a local street. The third phase continues the design of the first two phases with 3-
story apartment buildings rotated such that no two buildings are parallel to each other or parallel with
a public street, eliminating the"row"effect.Associated parking areas and drive aisles are angled to
eliminate long parking lot views,which also assist in traffic calming. The proposed concept plan
appears to be in general compliance with UDC standards; detailed review will take place with a
subsequent Conditional Use Permit(CUP) application.
A total of 476 dwelling units were approved to develop in the first two phases combined(CUP H-
2017-0077). With the third phase, an overall gross density of 18+/-units on 35.5 acres of land will be
provided for the entire multi-family development,consistent with the density(i.e. 16-25 units/acre)
desired in High Density Residential designated areas in the Ten Mile Interchange Specific Area Plan
(TMISAP).
A conditional use permit is required to be submitted for the third phase of the multi-family
development per UDC Table 11-2A-2. At that time, Staff will review the details of the proposed
project for consistency with the dimensional standards of the R-15 zoning district listed in UDC Table
I I-2A-7, specific use standards for multi-family developments in UDC 11-4-3-27 and other
applicable UDC standards. All structures are required to be designed consistent with the design
standards listed in the Architectural Standards Manual.
The Applicant requests condition#5.1.5 in Section 5.1 of the DA,which requires the DA to be
modified prior to development of Phase 3 to include a conceptual development plan for the area,is
removed from the agreement as the condition has been satisfied with this application(see Section
VII.B below).
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Item#11.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA consistent with Section VII.B.
B. The Meridian City Council heard this item on December 22,2020. At the public hearing_the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Tamara Thompson, The Land Group(Applicant's Representative)
b. In oposition: None p
c. Commenting: one
d. Written testimony: Jason Densmer and Tamara Thompson, The Land Group
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
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Item#11.
VI. EXHIBITS
A. Existing Conditions Governing Development of Subject Property and Conceptual Development
Plan in Development Agreement(Inst. #2015-112096)
665.1 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. S 1223120727—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#S 1223131250) 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."
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Item#11.
overland Road
IF
' a
e � M
~ Phase III �s
(to he determined) ��•
DASHED LINE INDICATES DEVELOPMENT --1
AGREEMENT BOUNDARY
Southridge Estates
Subdivision
1
Concept
1�1 Site Plan
Southridge Apartments
.mom, Concept Site Plan g
_.._.........�•..•.•••••..•� Ten Mile Rd.&D—lud Rd,WON..,Idaho
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Item#11.
B. Proposed Amendment to Existing Conditions and Conceptual Development Plan
All existing conditions shall remain except for condition#5.1.5,which no longer applies with the
subject amendment and shall be deleted, as follows:
S. Prior-to development of the third phase of the pr-ejeet, a medifiea4ion to the development
agreement is required to update the coneeptual site plan to inelude a development plan fO.F
this area.
W. Ouedand Rd. x qc=
� .
C.
PHASE 8 AREA L�
BEING ADDED TO E 3nNG 91
CL& DEVELOPMENT AGREEMENT Sff E PLAN 'L
Southrid e Apartments
�➢9 Ex
Master Site Plan
sF —
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