Z - Signed Findings for Denial Item#7.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER A
In the Matter of Denial of the Request for Modification to the Existing Development Agreements
(AZ-12-010,Inst.#113005608—SGI; and H-2019-0121,Inst.#2020-062947—Bach Storage)to
Remove the Subject Property from the Existing Agreements and Create One New Agreement for
the Development of a 134-Unit Multi-Family Project(i.e.Regency at River Valley Phase 3),by Bach
Homes.
Case No(s).H-2021-0059
For the City Council Hearing Dates of: October 19,November 23 and 30, 2021 (Findings on
December 14,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 30, 2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 30, 2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 30,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 30,2021, 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. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has entered an order of denial 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.
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:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR REGENCY AT RIVER VALLEY PHASE 3—MDA H-2021-0059
- I Page 119
Item#7.
1. The applicant's request for a modification to the Development Agreement is hereby denied per
the discussion and motion by City Council at the hearing on November 30,2021.
D. 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.
E. Attached: Staff Report for the hearing date of November 30,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR REGENCY AT RIVER VALLEY PHASE 3—MDA H-2021-0059
-2 Page 120
Item#7.
By action of the City Council at its regular meeting held on the 14th day of December
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 Simison 12-14-2021
Attest:
Chris Johnson 12-14-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 12-14-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR REGENCY AT RIVER VALLEY PHASE 3—MDA H-2021-0059
-3 Page 121
Item#7.
EXHIBIT A
STAFF REPORT CfE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O
HEARING 11/30/2021 Legend
DATE: Continued from 9128121, 10119121 and let Lflcaion
0
11123121 ®E
TO: Mayor&City Council H[
E
FROAM: Sonya Allen,Associate Planner
208-884-5533
I
SUBJECT: H-2021-0059 I
Regency at River Valley Phase 3
LOCATION: 3270&3280 E. River Valley St. &2480
N. Eagle Rd., in the NW 1/4 of Section 4,
Township 3N.,Range IE.
I. PROJECT DESCRIPTION
Modification to the existing Development Agreements(AZ-12-010, Inst. #113005608—SGI; and H-
2019-0121, Inst. #2020-062947—Bach Storage)to remove the subject property from the existing
agreements and create one new agreement for the development of a 134-unit multi-family project(i.e.
Regency at River Valley Phase 3).
II. SUMMARY OF REPORT
A. Applicant:
Brian Carlisle,Bach Homes— 11650 State St., Ste. 300,Draper,UT 84020
B. Owner:
Shon Rindlisbacher,Bach Homes— 11650 S. State Street,Draper,UT 84020
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The existing Development Agreements for the subject property requires the northern portion of the site
to develop with a self-service storage facility (Bach Storage) and the southern portion with a 10,150
square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through
(Option B) (SGI).
The Applicant proposes to replace both of those DA's with one (1) new DA for the subject property
— Pagel
Page 122
Item#7.
with a new conceptual development plan. A multi-family development is proposed to develop on the
site consisting of 134 apartment units on 2.57 acres of land in the C-C and C-G zoning districts.A mix
of studio, 1-and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family
structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor.
Off-street parking will be required per the standards listed in UDC Table 11-3C-6 for multi-family
developments. Qualified open space will be required per the standards listed in UDC 11-4-3-27C; in
phased developments such as this, common open space is required to be provided in each phase
consistent with the requirements for the size&number of dwelling units. Common open space and site
amenities are proposed to be shared between all phases of Regency at River Valley. Compliance with
the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and will
be reviewed with the conditional use permit application. Adjustments may be necessary to the concept
plan to comply with these standards.
A subsequent conditional use permit (CUP) application is required to be submitted and approved for
the proposed multi-family development in the C-C and C-G zoning districts.Development is subject to
the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review
will take place with the CUP application to determine consistency with the specific use standards and
other UDC standards.
High density residential (i.e. apartments) uses are desired in the Mixed Use —Regional Future Land
Use Map (FLUM) designation especially when located adjacent to SH-55/Eagle Rd. and employment
destination centers such as those along the Eagle Road corridor. The proposed development will be a
third phase of the existing apartments to the east (i.e. Regency at River Valley) and will contribute to
the mix of commercial (retail,restaurants, etc.), office and civic (Kleiner Park, Senior Center)uses in
the area. For this reason, Staff is supportive of the proposed DA modification and has included
recommended provisions for the new DA in Section VI.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA as proposed by the Applicant.
B. The Meridian City Council heard this item on October 19,2021. At the public hearing the
Council moved to continue the subject MDA request to November 23,2021 (continued to
November 30''due to lack of a quorum). On November 30t1',the City Council moved to deny the
subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Brandon Whallon,Bach Homes;Ryan Hales,Hales Engineering:Alex Dahl
Bach Homes (Architect)
b. In opposition:None
c. Commenting: JoAnn Butler. Spink-Butler
d. Written testimony: None
e. Staff presenting application: Caleb Hood, Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Concern for the required backage road to be providing access over private property to
properties that don't front on Eagle Rd. (i.e. earlier phases of Regency at River Valley
apartments).
3. Key issue(s)of discussion by City Council:
a. Multi-family use along Eagle Road: entitlement process: open space and amenity
provisions; school impacts: sharing of amenities and open space from previous phases
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Item#7.
and how that works:traffic flow,vehicular access/cross-access: and DA modification
for the property to the east*
b. Concern pertaining to what will happen if the required open space and site amenities for
the multi-family development can't be provided due to site constraints:
C. Question pertaining to timing of extension of the backage road parallel with EagleRd.
further to the north across the South Slouch:
d. Questions pertaining to consistency of the proposed site design with UDC standards and
Fire Department requirements•
e. Questions pertaining to how pedestrian connectivity will be provided between the
subject development and the existing earlier phases of the development to the east:
f. Discussion on whether or not residential is more appropriate than a storage facility to
develop on this site.
4. City Council change(s)to Staff recommendation:
a. City Council denied the requested MDA as presented during the hearing due the
following reasons: not having the access with some of the contiguous properties to the
north adequately"flushed out": issues with traffic and parking and associated traffic
circulation: and not the right time for the City to approve the modification.
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Item#7.
V. EXHIBITS
A. Existing Approved Conceptual Development Plans(dated: 12/13/18)
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Item#7.
Bach Storage Approved Conceptual Development Plan
SITE INFO:
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— & ,'n-•1;.5 ` HDRIH j BUILDING.L.QX$F LARGE BUILDING'-190,DDD SF
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STORAGE FACILITY-�GO.DDO SF-0 STALLS
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10-1-2019 SCALE:1"=30'-O"
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Item#7.
B. Proposed Conceptual Development Plan
SITE INFO:
SITE AREA:83,415 SF 12.56 ACRESI
A UNITS:28 STACKED: 56
18 STACKED: 56
5 STUDIO: 16
TOTAL: 124(4U1AC)
PARKING STALLS: 115 SURFACE
126 PODIUM 141.DOO SFI
241 T07ALSTALLS
1.94 STALLS/IfNU
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RIVER VALLEY PH. 3 - 2500 N Eagle Rd. Meridian, ID
9/03/2021 SCALE:1"=30'-0"
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Item#7.
C. Legal Description for Property Subject to New Development Agreement
&am
E N G I N E E R I N G
August 9,2021
Project No.21-159
Bach Investments, LLC
Conditional Use Permit
Legal Description
Exhibit A
A parcel of land being Lot 2, Block 1 of Rlvervalley Retail Subdivision(Book 105 of plats,pages 14591-
14593)and a portion of the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North,
Range I Fast,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly
described as follows:
Commencing at a found brass cap markingthe West 1/4 cornerof said Section 4,which bears
S00`36'00"W a distance of 2,611.39 feet from a found brass cap markingthe Northwest corner of
said 5ection 4,thence following the westerly line of said Section 4,NOIY36'00"E a distance of 180.44
feet;
Thence leaving said westerly line,589'24'00"E a distance of 70.00 feet to a found 1/2-inch rebar
marking the Northwest corner of said Rivervalley Retail Subdivision,on the easterly right-of-way line
of North Eagle Road and beingthe POINT OF BEGINNING.
Thence following said easterly right-of-way line,N00'36'00"E a distance of 363.50 feet to a found
5/8-inch rebar;
Thence leaving said easterly right-of-way line,S89"23'52"E a distance of 230.02 feet to a found
aluminum cap on the westerly boundary line of Bach Subdivision (Book 113 of plats,pages 16608-
16611);
Thence following said westerly subdivision boundary line the following four(4)courses:
1. 500'33'50"W a distance of 217.06 feet to a found aluminum cap;
2. 500'36'09"W a distance of 145.00 feet to a found 5/8-inch rebar on the northerly
boundary line of Rivervalley Retail Subdivision;
3. S89'45'23"E a distance of49.86feet;
4. 500'36'08"W a distance of 180.00 feet to the northerly right-of-way line of East River
Valley Street;
Thence leaving said westerly subdivision boundary line and following said northerly right-of-way line,
N89`45'23"W a distance of 129.75 feet to the westerly boundary line of said Lot 2;
Thence leaving said northerly right-of-way line and following the westerly boundary line of said Lot 2
the following three(3)courses,
1. N00"1437"E a distance of 51.69 feet;
2. N89"39'28"W a distance of 39.00 feet;
3. NOfl"08'13"E a distance of 128.24 feetto the northerly boundary line of said Rivervallczy
Retail Subdivision;
5725 North Discovery Way•Boise,Idaho 93713 •20&939.6939• kmengllp.com
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Item#7.
Thence leaving the westerly boundary fine of said Lot 2 and following said northerly subdivision
boundary line,N89°45'23"W a distance of 169.88 feet to the POINT OF BEGINNING.
Said parcel contains 2.570 acres,more or less,and is subject to all existing easements and/or rights-
of-way of record.
Al subdivisions,deeds,records of surveys,and other instruments of record referenced herein are
recorded documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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Item#7.
32 33 TOWNSHIP 4 NORTH
5 4 TOWnSI I� �Ev RTH LINE TABLE
�FORJND BRASS CAP, LINE BEARING DISTANCE
NW CORNER SECTION 4
L' S89'24'00"I_ 74.00
UNPLATTED L2 SO'35'0$"W 145.00
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S89'23'52"E 230,02' L3 S89`45'23"E 49.86
I L4 Sa'36'03"w 180.00
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L5 N89'45'23W 129.75
70' L$ NO'14'37"E 51-69
L7 N89'39'28"w 39-00
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Q I Q a LOT 2,BLOCK 1
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SUBDIVISION �
LOT 1,BLOCK 1
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FOIfND BRASS CAP,
W 1 f4 CORNER, SECTION 4
Ian 0 50 100 200
Plan Scale
E N C7 I IN E E R I N G
5725 NORTH DISCOVERY WAY
BQISE,16AH0 83713
PHONE 009)639-b939 EXHIBIT B
kmcngllp,cdn CONDITIONAL USE PERMIT- CITY OF MERIDIAN
DATE: 6/9/2021
PROJECT- 21-159
SHEET: LOT 2,BLOCK 1 RIVERVALLEY RETAIL SUBDIVISION AND A PORTION OF THE SW 1/4 OF THE
1 OF 1 NW 114,SEC.4,T.3 N., R. 1 E.,B.M.,CITY OF MERIDIAN,ADA COUNTY,ID
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Item#7.
NII. DEVELOPMENT ACREEMENT PROVISIONS
1. Development of the subject pr-opeFty shall no longer-be subjeet to the terms of the Development
Agreements u eh Storage (in19 012�st. #�2020 06294�� ��I(AZ 12 010 inst.
ivry a vrry rz , cam- oz� �-�-�rii dr�r z�Tc-vTv�rrJr.
#113005608)
development plan shown in Seetion NI.B--.
3. Direct-aces to the site via N.zagle p�55 is prohibited PeF T Ti 11 2��
,
east(Par-eel#RO74 8300 100) and south(Par-eel#R74 76320010) for-access via E. Rivef Valle)
Stfeet. A eopy of the feeofded easements shall be submitted to the Planning Divi
issuance of the first Certificate of Occupaney for-this site.
5. A 10 foot wide multi use pathway shall be constFucted along N. Eagle Rd. and E. River-Valley
St. within a publie use easement; pedestfian lighting and landseaping shall be installed
pathway eonsistent with the Eagle Road Coffidor-Sttt�,per the stafidar-ds listed in UPC 11 39-
449-4,
6. A public pedestfian easement f6f the m-ulti use pathway shall be siibmitted to the City, approved
by City Couneil, and feeor-ded prior-to issuanee of the first Ceftifieate of Oectipancy on this s
as foFtb. in UDC 11 311-449-.3-.
7. Fut-ufe development shall eomply with the design standards listed in the Ar-ohitectur-al Standar-
UDC 11 n Z 77 Multi Family Development.
9. A Gei4ifieate of Zoning Complianee and administfative Design Review applieations shall be
submitted to and appr-oved by the Plapining Division pfief to submittal of a btti!Eli
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