Lavender Heights MDA H-2022-0017 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request to modify the existing Development Agreement of the Lavender
Heights Subdivision(Inst.#2020-106343)for the purpose of updating the concept plan and relevant
provisions associated with the development of phase 4.
Case No(s). H-2022-0017
For the City Council Hearing Date of: May 3,2022 (Findings on May 18, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 3,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 3,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 3,2022,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(Lavender Heights MDA—FILE#H-2022-0017) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 3,2022, 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 May 3,2022, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Heights MDA—FILE#H-2022-0017) -2-
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 3, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Heights MDA—FILE#H-2022-0017) -3-
By action of the City Council at its regular meeting held on the 18th day of May ,
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 5-18-2022
Attest:
Chris Johnson 5-18-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-18-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lavender Heights MDA—FILE#H-2022-0017) -4-
EXHIBIT A
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 5/3/2022 Legend 0
DATE:
a Project Location ��—
,,
TO: Mayor&City Council . R-2
R-4
FROM: Joseph Dodson,Associate Planner R-8
208-884-5533
SUBJECT: H-2022-0017 R-15
Lavender Heights MDA R-15
G-G R -15
LOCATION: Site is located at 2160 E. Lake Hazel RUT
Road,at the northeast corner of E. Lake R-8 R=2
Hazel Road and S. Bloomerang Avenue, ® R-C8"
in the SE 1/4 of the SW 1/4 of Section RUT R-4 R-8
32,Township 3N,Range 1E. R-8
I RUT
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement of the Lavender Heights Subdivision(Inst. #
2020-106343) for the purpose of updating the concept plan and relevant provisions associated with
the development of phase 4.
II. APPLICANT INFORMATION
A. Applicant:
Mary Wall,Breckon Land Design—PO Box 44465, Boise, ID 83711
B. Owner:
Taylor Merrill, LH Development, LLC—PO Box 344,Meridian,ID 83646
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
4/17/2022
Radius notice mailed to
properties within 500 feet 4/18/2022
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Item#8.
Public hearing notice sign posted 4/13/2022
NextDoor Posting 4/18/2022
IV. STAFF ANALYSIS
History
In 2020,the property received annexation and subdivision approval to develop a mixed-use
residential development in four(4)phases known as Lavender Heights(H-2020-0009). The first three
phases of development depicted detached single family and the fourth phase depicted a basic concept
for a multi-family project. The subject modification is specific to phase 4 and the multi-family
portion of the development located along the E. Lake Hazel Road frontage. Since the approvals in
2020,the project has received final plat approval for the entire development but no conditional use
permit has not been proposed for the approved multi-family lot.
Development Agreement Modification
The approved Development Agreement(DA) (Inst. #2020-106343) does not include a provision that
ties the DA to the submitted multi-family concept plan but does include specific provisions for the
subject property(Exhibit VI.A below). The existing multi-family concept plan depicts a drive aisle
along the northern property boundary adjacent to the Farr Lateral with multiple apartment buildings
along the southern boundary adjacent to Lake Hazel. The Applicant is proposing a new concept plan
for the subject R-40 property that does not comport with the proposed multi-family use nor the
minimum number of units outlined in the DA.
The new concept plan(Exhibit VI.B below) depicts a townhome development and a private
street/drive aisle instead of a traditional garden style apartment complex. Further,the submitted
concept plan contemplates 30 residential units instead of the anticipated minimum of 36 units
outlined in DA provision 5.1 e. For the overall Lavender Heights development, a loss of six(6)units
does not affect its overall density in any measurable way but this area of the plat was intended to be
the densest area of the development as it is along Lake Hazel and Staff anticipated higher density
along this planned mobility corridor and because it is across from Discovery Park. According to the
Applicant's narrative,the owner has not yet decided if the property will still be a multi-family project
or be subdivided to allow the sale of each unit or groups of units. If the development is a multi-family
or townhome project, a future conditional use permit(CUP) is required in the R-40 district. If the
units are to be sold off individually or in groups, it also requires the applicant to further subdivide the
property.
In summary, Staff supports either option as they would contribute to the housing diversity offered
within this development and the surrounding area. Based on the process outlined above, Staff will
ensure the future multi-family or townhome development complies with the most current UDC
standards in effect at the time of application submittal.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provisions in Section VI.C.
B. The Meridian City Council heard these items on May 3,2022. At the public hearing,the Council
moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Jon Breckon,Applicant Representative:Todd McDermott, future neighbor:
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Item#8.
b. In opposition:None
c. Commenting: Jon Breckon: Todd McDermott:
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Support for the proposed change from multi-family to townhomes:
3. key issue(s)of discussion by City Council:
a. Confirmation of future applications required for development:
b. Details surrounding future development in terms of circulation, open space,parking. etc.
4. City Council change(s)to Commission recommendation.
a. None
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Item#8.
VI. EXHIBITS
A. Existing Conceptual DevelopmentPlan(not specifically tied to the DA)
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Item#8.
B. Proposed Conceptual Development Plan—
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Item#8.
C. Proposed Revisions to the existing Development Agreement Provisions
1. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan,undated phase 4 concept plan, and conceptual building elevations for- he
single fafnily dwellings included in Section VII and the provisions contained herein.
2. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development, except
for that area located in the proposed future multi-family or Townhome development along the
southern edge of the Farr Lateral, shown as Phase 4.
3. The required secondary access via extension of E. Brace Dr. shall be constructed with Phase
1 of the development.
4. Direct lot access to Lake Hazel Road shall be prohibited.
5. No more than 54 and no less than 36 30 units shall be allowed on the R-40 zoned property.
Detailed Conditional Use Permit approval is required prior to any development on the R-40
zoned area if a multi-family project is proposed consistent with the approved phase 4 concept
plan—if a townhome development is proposed in this area,plat approval is required prior to
any development in the R-40 area.
6. With the sale of all future homes in the Lavender Heights Subdivision, all sales information
shall have language regarding the future multi-family or Townhome project that will be a part
of this development.
7. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with the
standards in UDC 11-3A-6.
8. The required street frontage improvements (sidewalk and landscaping)along E. Lake Hazel
Road shall be constructed with Phase 1 of the development.
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