Prescott Ridge Residentail MDA H-2022-0058 Corrected Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:---
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.2021-
132713)for the Residential Portion of Prescott Ridge Subdivision to Update the Phasing Plan,by
Providence Properties,LLC.
Case No(s). H-2022-0058
For the City Council Hearing Dates of: September 27 and November 15, 2022 (Findings on
November 15,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 15, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 15, 2022, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 15,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 15,2022, 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 PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 15,2022,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 a modification to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of November 15, 2022, 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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 November 15, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
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By action of the City Council at its regular meeting held on the 15th day of November
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 11-15-2022
Attest:
Chris Johnson 11-15-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 11-15-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PRESCOTT RIDGE RESIDENTIAL MDA H-2022-0058
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EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING November 15,2022 Legend
DATE: (� j
RL
I�.�I project�flcflfi�n R- R-
TO: Mayor&City Council
1
FROAM: Sonya Allen,Associate Planner �- R-
208-884-5533 Mu
SUBJECT: H-2022-0058 UT
Prescott Ridge Residential RUT R-
h R-A R-'
LOCATION: East of N. McDermott Rd., R-
approximately 1/4 mile south of W. R-8 We R-
Chinden Blvd., in the north 1/2 of
Section 28, TAN., R.1W. �- � -�
® R
UT
R-1 R -
Ru
This project was heard by City Council on September 27, 2022 and approved. When preparing the
amended DA, it came to the attention of the City Attorney's office that the address used in the public
hearing notice was incorrect. Therefore, this item is required to be re-noticed and re-heard by the City
Council in order to remedy the noticing error.
L PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. 2021-132713) for the residential portion
of Prescott Ridge Subdivision to update the phasing plan.
II. SUMMARY OF REPORT
A. Applicant:
Patrick Connor,Providence Properties,LLC—701 S.Allen St., Ste. 104,Meridian, ID 83642
B. Owners:
Lionwood Properties,LLC— 1513 E. Rivers End Ct., Eagle, ID 83616
Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian,ID 83642
C. Representative:
Same as Applicant
Page 1
EXHIBIT A
III. NOTICING
City Council
Posting Date
Notification published in
9/11/2022 & 10/30/2022
newspaper
Notification mailed to property
owners within 300 feet 9/8/2022 & 10/27/2022
Applicant posted public hearing
notice on site 9/13/2022 & 10/27/2022
Nextdoor posting 9/8/2022& 10/28/2022
IV. STAFF ANALYSIS
The Applicant proposes to modify the existing Development Agreement(Inst. 2021-132713) for the
residential portion of Prescott Ridge Subdivision to update the phasing plan for the development. See
existing phase plan and proposed phasing plan in Section V1.
Since the time of annexation,the phasing plan for the overall development has changed. The northern
15-acre medical campus portion of the site was shown on the phasing plan as Phase I in order to
create a"legal lot"to convey to the purchaser of that property. Acquiring the out-parcel at the
northeast corner of the medical campus enabled the Applicant to do a property boundary adjustment
to create a legal lot for development purposes to convey to the new owner so that they can develop
their site separately at their own timing. The proposed modification will remove the medical campus
from the phasing plan of the residential development.
Other changes to the phasing plan include the following: 1)Phase 1 was expanded to include the
location of the pressurized irrigation pump house; 2)the large green space in the center of the
development is now part of Phase 3 instead of Phase 6,which will allow the large park and associated
amenities to develop sooner; and 3)the updated phasing plan shows larger phases overall to expediate
the development process.Phase 1 still includes construction of the collector street(Rustic Oak) from
Chinden Blvd. to the southern boundary of the property which is important for emergency access.
No changes to the text of the development agreement are proposed.
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the change to the phasing
plan described above as shown in Section VI.B.
B. The Meridian City Council heard this item on 9/27/22 and 11/15/22. At the public hearing,the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Patrick Connor,Applicant's Representative
b. In opposition:None
c. Commenting: None
d. Written testimony: Patrick Connor,Applicant's Representative
e. Staff presenting application: Sonya Allen,Bill Parsons
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
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EXHIBIT A
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
VI. Exhibits
A. Existing Phasing Plan
PHASE BUILDABLE
LOTS
1 �
2 44
T 3 41
y 4 43
g 41
6 37
PHASE 7 39
a 46 u
9 14 a Z
P A5 9 TOTAL s
BUILDABLE 37C
LOTS
f
PHASE 8 PHAS 7
I
fpD
i X`[SR•.
P.'
E M 0 1 M ESE I I N 6
PHASE 3 rP' ��l OF 1
PHASE 1
Page 3
EXHIBIT A
B. Proposed Phasing Plan
LOTS LA75
T 10
7 7
$ T1 7
] 76 TT
= 4 w 5 a
5 ;6 2
7 - ¢ 14 7 --
TOTAL
Lms o
PHWAStz
_ a
PHAS 5 -
t _
r'hlA L J LlF1
` ■ 400
Page 4