Accolade - MDA-13-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
(j~~E IDR IAN,-
~J
L~ the Matter of the Request for a Development Agreement Modification for the Purpose of
Reducing the Required Number of Carpot•ts, by Fields at Gramercy, LLC
Case No(s). MDA-13-012
For the City Council Hearing Date of: July 16, 2013 (Findings on August 13, 2013)
A. -Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Repot•t for the hearing date of July 16, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 16, 2013, 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 (1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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 Cleric upon the applicant, the
Planning Department, the Public Wor]<s Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS ON FACT, CONCLUSIONS OF I,AW AND DECISION & ORDER
CASI;NO(S). MDA-13-012
1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 16, 20 ] 3, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such regiurements 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-SA 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 development agreement modification is hereby approved per the
provisions in the attached Staff Repo7tfor the hearing date of July 16, 2013, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The amended development agreemenC shall be signed by the property owner(s) and returned to
the City within two (2) years of the City Council granting the approval (UDC 11-SB-3D).
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 two (2) year approval period (UDC 11-SB-
3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
L The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regalatory taking analysis. Such request must be iu
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. 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 f nal 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 July 16, 2013
CITY OF MERIDIAN PINDiNGS OP PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-072
-2-
By action of the City Council at its regular meeting held on the I~ ~ day of ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
o~ATLD a u~~s
Attest: o~~ '',
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City of
E ILR IAN.--
IDAHO
aycee lman, City Clerk ~~~ SF.Ai. ~ti
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6R ~~Ihe iAE ~S~40
Copy served upon Applicant, The Planning epartment
Weerd
VOTED__~1
VOTED
VOTED_~
VOTED_~ (/I~-
VOTED
Public Works Department and City Attorney.
_ Dated: ~ ~~ ' ~•3
Ci ler ' 'pf ce '~-
~° ~~ ~,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-012
-3-
STAFF REPORT
Hearing Date:
TO:
FROM;
SUBJECT:
July 16, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
MDA-13-O12 -Accolade
I. APPLICATION SUMMARY
(~E IDIAN --
The applicant, Fields at Grau~ercy, LLC, is requesting to amend the recorded development agreement
(DA) (instrument #112107771) for the purpose of reducing the required number of carports.
II. STAFF RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in Section
VII of the staff report. The Meridian City Council heard this item on July 16 2Q13 At the public
hearing, the Council approved the ubiect MDA r•eauest.
~_ Surnmar•v of City Council Public Hearin~•
12 in favor Matt Swain
ii• In opposition: None
Commenting: None
Written testimony: None
y, taff nresentin~ annlication: Rill Parsons
then staff commenting on annlication: None
~i I~ev Issues of Discussion by Council:
ii= None
e. Kev Council Changes to Staff Recornmendation
1: None
III.l'ROPOSED MOTION
Approval
I move to approve File Number MDA-13-012 as presented in the staff report for the hearing date of
July I6, 2013, with the following modifications: (Add any proposed modifications.}
Denial
I move to decry File Number MDA-13-012, as presented during the hearing on July 16, 2013, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number MDA-13-012 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reasons} for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located south of E. Overland Road, west of S. Bonito Way between E.
Blue Horizon and the Ridenbaugh Canal in the NE % of Section 20, T. 3N., R. ] E.
Accolade -MDA-13-012 PAGE 1
B. Applicant/Owner:
Fields at Gramercy, LLC
17 E. Winchester Street, Suite #200
Murt•ay, Utah 84107
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: June 24, and July 8, 2013
C. Radius notices mailed to properties within 300 feet on: June 20, 2013
D. Applicant posted notice on site by: July 3, 2013
VL LAND USE
A. Existing Land Use(s): The property is currently being developed with a 276-unit apatt~nent
complex.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area has
trausitioned into a mixed use area. A wide variety of commercial uses, public quasi/public uses
and residential neighborhoods are ]ocated in close proximity to the subject site.
C. History of Previous Actions:
• ht 2012, City Council approved a conditional use permit (MCU-12-002) and development
agreement modification (MDA-12-004) that allows the proposed lot to develop with 276
multi-family units. A provision of the DA requires the site to develop with thirty-nine (39)
cat•port structures.
• In 2013, a final plat (FP-13-022) was approved by City Council consisting of one (1) nndti-
family lot and one (1) common lot on approximately 11.23 acres bt an R-40 zoning district.
• A certificate of zoning compliance (CZC-12-090) has also been approved fa~ the construction
often (10) apa~tmettt buildings, aclubhouse/office building, and multiple garages and carport
struchu•es related to the aforementioned applications.
VII. STAFF ANALYSIS
The request is to amend the recorded development agreement (DA) (Instrument No. 112107771), which
currently requires the site to develop with 276 multi-family units, a clubhouse, seventeen (t7) garages and
thirty-nine (39) carports. The applicant is requesting to reduce the number carports to take advantage of
the new parking standards fot• multi-family developments recently approved by Cotmcil. The applicant
was a proponent of the code change and believes the reduction in the number of carports/covered stalls
etiltances the aesthetics of the development.
The Accolade (aka Fields at Gramercy) development was reviewed and approved under the previous
parking standards. The coveted parlchrg requirements (414 stalls) were satisfied through a combination of
garages and covered carports as noted above (see Exhibit B). A revised site plan bas been submitted with
the application that depicts the proposed changes to the approved site plan. The primary difference
between the plans is the reduction in the number of carports/covered stalls. If the DA modification is
approved, the number of carports will be reduced by eighteen (18) thet•eby reducing the number of
covered stalls by 122. The reduction in covered parking does not diminished the total number of parking
stalls required for the development and the proposed site plan bas allocated 292 covered parking stalls
consistent with the new parkhtg standards (see Exhibit C). Once the amendment to the DA is signed and
Accolade -MDA-13-0 ] 2 PAGE 2
recorded, the applicant will be responsible for obtaining admhristrative approval (MCU and CZC) of the
revised site plan.
Since new parking standards have been adopted requiring fewer covered stalls and the proposed changes
to the site plan comply with the parking requirements of the ordinurce, staff recommends approval of the
proposed DA modification in accord with the amended DA provision in Exhibit D.
VIII. EXHIBITS
A. Vicinity Map
B. Approved Site Plan
C. Proposed Changes to the Site Plan
D. Recommended Development Agreement Changes
Accolade - MDA-13-012 PAGE 3
Exhibit A -Vicinity Mats
Accolade - MDA-l 3-0 ] 2 PAGE 4
)/xhibit B -Approved Sife Plan
IFf M07F5 V: -
Accolade - MDA-l 3-0 ] 2 PAGE 5
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Accolade - MDA-13-012 PAGE 6
Exhibit C -Proposed Changes to the Site Plan
Exhibit D -Recommended Development Agreement Changes
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
a. Development of the site shall be restricted to amulti-family development consisting of
276 multi-family units, clubhouse and seventeen (17) garage buildings and i#ir ire
twenty-one (2]) carport st~uchu•es. Amenities shall include the following: a pool, a
chibhouseh~ental office, pavilion, large cenU•al open space with internal pathway network.
Accolade - MDA-13-012 PAGE 7