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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 Page 1 Page 137 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: Page 2 Page 138 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 Page 3 Page 139 Item#8. VI. EXHIBITS A. Existing Conceptual DevelopmentPlan(not specifically tied to the DA) `gn E g q E FEE'�ep� pp_nasj,-,flp Qja', n �i k° S4 13a®k@�R � E9 g•R 9 F�%4�3 ignap gall"'A".4 � � sss £$ p,ppp _ $§ 9° Z I _ , rr"-I I c r " I I rs:, I 1 tf: I 1 1 , I I Ca , TAYLOR MERRILL Y 3— v �Pe LAVENDER HEIGHTS s% ®' �D z 1 ME Page 4 Page 140 Item#8. B. Proposed Conceptual Development Plan— �- ILI— �- w j c f PARK PLACE AT LAVENDER HEIGHTS n Page 5 Page 141 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. Page 6 Page 142