HomeMy WebLinkAboutLinder Springs MCUE IDIAN*�IA H
December 29, 2014
Mr. Rick Neser
Linder Springs, LLC
8312 W. Northview Street, Suite 4120
Boise, ID 83704
RE: Linder Springs - (MCU -14-007)
Dear Mr. Neser:
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
This letter is to confirm that the Director approved your request for a modification to the Linder
Springs conditional use permit (CUP -13-008) for the subject property. This approval allows you
to modify the approved fencing plan, subject to the conditions of approval in Exhibit B of the
attached staff report.
The Applicant, Director, or a party of record may request City Council review of a decision of
the Director. All requests for review shall be filed in writing with the Planning Division on or
before January 13, 2015, within fifteen (15) days after the written decision is issued, and contain
the information listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web -site at www.meridiancily.org departments/planning/comment card to fill
out a customer survey and give us feedback on how we are doing.
Sincerel
L
Caleb ood, AICP
Planning Division Manager
CH:bp
encl: staff report
Community Development Department ■ Planning Division ■ 33 E. Broadway Avenue, Suite #102, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
DATE: December 29, 2014
TO: Caleb Hood, Planning Division Manager
FROM: Bill Parsons, Associate City Planner
SUBJECT: Linder Springs Apartments - MCU -14-007
I. APPLICATION SUMMARY
C �E IDIAN*,---
11)AH0
The applicant, Linder Springs, LLC, is requesting approval to modify the fencing plan approved with
the conditional use permit (CUP -13-008) for Linder Springs Apartments.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the requested modification to the conditional use permit in accord with
UDC 11 -5B -6G and the conditions of approval in Exhibit B.
III. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located near the northeast corner of N. Linder Road and W. McMillan Road in the SW
1/4 of Section 25, Township 4 North, Range 1 West. (Parcel No(s). R1527300010)
B. Applicant/Owner:
Linder Springs, LLC
8312 W. Northview Street, Suite # 120
Boise, ID 83704
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
IV. PROCESS FACTS
A. The subject application is for a conditional use permit minor modification. The Director is the
deciding body on this matter in accord with UDC Table 11-5A-2.
V. LAND USE
A. Existing Land Use(s) and Zoning: The property is currently developing with a 96 -unit apartment
complex. The property is zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Self-service storage facility, zoned C -G
2. South: Walgreens, automotive repair facility and vacant commercial property, zoned C -G
3. East: Planned single family residences (Paramount South 60 Subdivision), zoned R-8
4. West: Coffee kiosk with drive-through, orthodontist office and vacant commercial property,
zoned C -G
C. History of Previous Actions: The subject property has received conditional use permit (CUP -13-
008) and certificate of zoning compliance (CZC-13-125 and CZC-14-036) approvals to construct
a 96 -unit multi -family development.
Linder Springs Apartments MCU -14-007 Page 1
VI. STAFF ANALYSIS
The applicant is requesting to modify the fencing plan approved with the Linder Springs Apartments
conditional use permit. Specifically, condition of approval 1.1.3, bullet #3 requires the following
fencing for the perimeter of the development:
■ 6 -foot solid wood fencing along the east boundary and a portion of the south boundary;
■ 4 -foot solid wood fencing along W. Deer Crest Street and;
■ 4 -foot wrought iron fencing along the west boundary and portion of the south boundary.
The applicant is proposing to construct 6 -foot tall cedar fencing along the perimeter of the
development. To maintain the flexibility in the design of the fence, the applicant is also requesting the
option to either construct a 4 -foot tall wrought iron fence or the 6 -foot tall cedar fence along a portion
of the south boundary (between Building M and Building L) (see Exhibit A.3). Further, the landscape
plan has been revised to coincide with the new fencing plan. The revised plans comply with the fence
and landscape regulations of the UDC.
The purpose of the modification is to 1) reduce the noise and increase security from the adjacent
commercial activity to the west and 2) complement the fencing constructed within the Paramount
Subdivision to the east.
The Unified Development Code (UDC) (11 -5B -6G) authorizes the Director to approve or deny
specified minor modifications, provided such modifications were not the subject of review during the
original public hearing and will not adversely impact adjacent properties. Staff has reviewed the
public record and finds the perimeter fencing was not a topic of discussion at the public hearing and
should not impact the adjacent properties. Therefore, staff supports the modifications to the approved
fencing plan, including the fence option along a portion of the south boundary, as proposed by the
applicant. The applicant shall comply with the approved, revised site/landscape plans and the fence
detail attached in Exhibit A.3.
VILEXHIBITS
A. Drawings
1. Vicinity Map
2. Site and Landscape Plans Approved with CUP -13-008
3. Proposed Site and Landscape Plans (dated: 11/24/14)
B. Conditions of Approval
Linder Springs Apartments MCU -14-007 Page 2
Exhibit A.1— Vicinity Map
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Print Date: 12/29/2014
Linder Springs Apartments MCU -14-007 Page 3
Exhibit A.2 – Site and Landscape Plans Approved with CUP -13-008
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Linder Springs Apartments MCU -14-007 Page 5
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Linder Springs Apartments MCU -14-007 Page 8
Exhibit B — Conditions of Approval
1. The applicant shall meet all applicable terms of the conditional use permit (CUP -13-008) and
certificate of zoning compliance (CZC-13-125 and CZC-14-036) applications approved for this
development.
2. The site shall develop in accord with the revised fence detail shown on the site/landscape plans,
dated 11/24/14, attached in Exhibit A.3.
Linder Springs Apartments MCU -14-007 Page 9
E IDIAN ;,�-
Planning Division
CONDITIONAL USE PERMIT MODIFICATION
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Project name:
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File #: AJWK,
Applicant/agent:
Lt N DeX
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All applications are required to contain one copy of the following:
Applicant
Staff
Description
Com leted and signed Development Review Application
Narrative fully describing the proposed request
*'
Legal description of the subject property (Lot, Block, and Subdivision name if located in a recorded
subdivision OR a metes and bounds legal description of the property if not in a subdivision)
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation,.
V1
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized t
Scaled vicinity map showing the location of the subject property
Approved site plan that is proposed to be modified
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Scaled site plan showing proposed modification(s)
/
Written confirmation of parcel verification from Community Development. Please email
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the project name, parcels number(s), and a vicinity map to
communi develo men eridianci .or to obtain confirmation'°
Fee
For nomwuiaiic utility, w ' roc ;a>"e Y.
MIN
2 Sets of conceptual engineering lans, including pipe sizes and profiles
(1) Disk with electronic version of the conceptual engineering plans in a format that
complies with the specifications for project Drawings found at:
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www.meridianci .or ublic works/autocad standards/index.as
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Additional Requirements for Commission Approval
Pre -application meeting notes (All applications that require a public hearing are required to conduct a pre-
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application meeting with the Planning Division)u
meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
r
NNeighborhood
an opportunity for public review of the proposed project prior to the submittal of an application.)
Commitment of Property Posting form signed by the applicant/agent
Electronic version of the approved site plan and site plan with proposed modifications in
pdf format on a disk with the files named with project name and plan type (i.e. approved
site plan, modified siteplan)
T he Director may approve or deny specified minor modifications, provided such modifications were not the subject
of review during the original public hearing and will not adversely impact adjacent properties (see UDC 11 -5B -
6G2). All other modifications shall be considered by the Planning and Zoning Commission at a public hearing.
APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE
SUBMITTED. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A PUBLIC
HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION.
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning
(05/21/2014)
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Project name:�+4OW
File uumber(s): '
Assigned Planner: 12,"U
Type of Review Requested (check all that apply)
Planning Division
DEVELOPMENT REVIEW APPLICATION
GZC
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ Comprehensive Plan Map Amendment
❑ Short Plat
❑ Comprehensive Plan Text Amendment
❑ Time Extension:
❑ Conditional Use Permit
Director/ Commission/Council (circle one)
Conditional Use Modification
❑ UDC Text Amendment
Director/Commission (circle one)
❑ Vacation:
❑ Development Agreement Modification
Director/ Council (circle one)
❑ Final Plat
❑ Variance
❑ Final Plat Modification
❑ Other
Applicant Information �►s,
Applicant name: L 01bcsliC• SpWrilS, 1.4 Phone: ZZ' 990
Applicant address: N* -t f14 VI Lw A'120 Email: Y'kk 6'
City: abl �!L State: Zip: &.37A
Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other
Owner name: bIVye=- s .IYI•nye. ,, L -Le— Phone: 31 Z S31V
Owner addres 4 15 r? f J &4.> • ti 120 Email: r&9 c 4!- Vt $ S1✓ (V&4AA
City: 13-619C. State: Zip: 9376L/
Agent/Contact name (e.g., architect, engineer, developer, representative : 2444e•• tJe4Gy-
Firm name: V 11i Oil/ MUJ Co. Phone: Z Z - 5 3 90
Owner address: 2 Q'1• t'� (�(',-�� I Lp Email: 1,144 (A V I rPs"7V'`''"
4t4.) • e-�
City: 1 k State: X% Zip: 8'3 70
Primary contact is: ❑ Applicant ❑ Owner �Agent/Contact
Subject Property Information
Location/street address: —MPS7 fit% • DZ44L C. r• Township, range, section: Ed /&J 54,V
Assessor's parcel number(s): K %S2 % 300010 Total acreage: 1� • 0 Zoning district:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridianciiy.org/t3lanning
4- (Rev. 0 611 212 0 1 4)
Project/subdivision name:
Calibele Spi"N4 S
General description of proposed project/request:
Proposed zoning district(s): C
Acres of each zone proposed: tn. y
Type of use proposed (check all that apply):
.Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source:
Secondary:
d
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-1A-1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: -
Average property size (s.f.):
Net density (Per UDC 11-1A-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex .'Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: Common lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Existing (if applicable):
Building height: _
Number of compact spaces provided:
Print applicant name: pc�w' Na'W
Applicant signature:
2
Date: (z/is/i
4-P%
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ors/nlanning
-2- (Rev. 06/1212014)
VI//ER,,6UILDING CO. LC
December 15, 2014
City of Meridian Planning and Zoning
Mr. Bill Parsons
33 East Broadway Avenue, Suite 102
Meridian, Idaho 83642
Re: Conditional Use Permit Modification, CUP -13-008
Dear Bill,
Per our conversation, Linder Springs, LLC requests to modify CUP -13-008, CZC -13-125, and
CZC-14-036. The modifications are in the form of changing the perimeter fencing type and
landscape changes to accommodate the new fencing.
Linder Springs, LLC proposes to change the existing 4' open metal fence on the perimeter of the
project to 6' cedar. The detail of the 6' cedar is to remain the same as previously approved.
After the initial construction of the first two buildings and taking into consideration the
setbacks of the buildings and the proximity to the commercial properties, the ownership group
decided a 6' cedar fence would be more practical and will provide superior security and
privacy. The 6' cedar fence will be stepped in at points to provide a visually appealing
appearance.
The landscape changes that are made in the attached plan are to complement the 6' cedar fence
design. Plant material and placement is consistent with the previous design and will
accommodate the design and placement of the 6' cedar fence. Please see the landscape and
fencing plan for details.
We also request to modify the fence between building L and M. We would like the option to
build either a 6' cedar fence next to the sidewalk with landscaping in front or a 4' open metal
fence located at the back of curb with landscaping behind the fence. We ask for this option at
this time as we would like to make the decision when both buildings L and M are framed and
we can get a better idea of the look and feel.
Thanks for your consideration in this matter and I look forward to working with you in the
future.
Sincerely,
Rick Neser
Visser Building Co., Project Manager
8312 W. NORTHVIEW ST., SUITE 120 • BOISE, ID 83704 • (208) 322-5390 • FAX (208) 376-6642
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4
BOISE IDAHO 12/11/2013 01:23 PM
DEPUTY Lisa Batt
SECORe ED-",Q EST O log 1111111111 IN 11111111111111111111111 IN 11
RECORDED-REQUEST OF
After recording, please return to: TITLEONE BOISE 113132515
Linder Springs, LLC
8312 W. Northview St., #120
Boise, Idaho 83704
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") is from BRIGHTON INVESTMENTS, LLC,
an Idaho limited liability company ("Grantor") with an address of 12601 W. Explorer Drive, Suite
200, Boise, Idaho 83713 to LINDER SPRINGS, LLC, an Idaho limited liability company
("Grantee), with an address as stated above.
NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS,
DELIVERS AND CONVEYS to Grantee all of the real property described as follows:
Lot 6 in Block 2 of Commercial Southwest Subdivision No. 3, according to the official plat
thereof, filed in Book 105 of Deeds at Pages 14,443 and 14,444, records of Ada County,
Idaho;
together with all of Grantor's rights, title and interest in and to all improvements thereon and all
rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively,
the "Property').
TO HAVE AND TO HOLD said Property with its appurtenances unto said Grantee and
the Grantee's successors and assigns forever. Grantor does hereby warrant to said Grantee,
that the Grantor has not created or permitted to be created any lien, charge or encumbrance
against the Property except current years taxes, levies, and assessments which are a lien but
not yet due and payable, and except U.S. Patent reservations, restrictions, easements of
record, easements visible upon the Property and the exceptions described in Exhibit A attached
hereto and made a part hereof by this reference; and that Grantor will warrant and defend the
same forever from all lawful claims whatsoever.
THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee
and their respective successors, heirs, legal representatives, and assigns.
(End of Text]
SPECIAL WARRANTY DEED
EXECUTED EFFECTIVE AS OF THE DAY OF 2013.
GRANTOR:
BRIGHTON IN ST MEN S, LLC,
an Idaho limit bili ompany
By:
David W. Turnbull, Managing Member
STATE OF IDAHO
ss
COUNTY OF ADA )
On this -day of 2013, before me, a Notary Public in and for said State,
personally appeared David W. Turnbull, known or identified to me to be the Managing Member
of BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, and the person who
subscribed said limited liability company name to the foregoing instrument, and acknowledged
to me that he executed the within instrument in said limited liability company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above wri
AMANDA K. SCHAUS
NOTARY PUBLIC
STATE OF IDAHO
SPECIAL WARRANTY DEED 2
JA�
Notary Public orP LA
Residing at
My commission expires
EXHIBIT A
PERMITTED EXCEPTIONS
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water
rights, claims to title to water, all whether or not shown by the public records.
The land described herein is located within the boundaries of City of Meridian (2084MM-4433) and is subject to any
assessments levied thereby.
The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to
any assessments levied thereby.
Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded April 2,
1891 in Book 2 of Patents, at page 353.
Terms, provisions, conditions, restrictions and easements contained in a Development Agreement by and between City
of Meridian, Ron and Becky Hanks, Sheridan Kooyers, Meridian Joint School District No. 2, Dwaine and Sharon Wolfe
and Paramount, I.I.C.
Dated: July 15, 2003
Recorded: August 14, 2003
Instrument No: 103137116
Addendum to the Development Agreement.
Recorded: October 25, 2007
Instrument No.: 107145935
First Addendum to the Development Agreement.
Recorded: September 26, 2008
Instrument No.: 108106427
Addendum to Addendum to the Development Agreement.
Recorded: July 24, 2013
Instrument No.: 113083665
Covenants, Conditions, and Restrictions, and, Easements but omitting covenants or restrictions, if any, based upon
race, color, religion, sex, familial status, marital status, disability, handicap, national origin, ancestry, or source of
income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
Recorded: July 2, 2008
Instrument No.: 108076574
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: July 16, 2008
Instrument No.: 108081364
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: July 15, 2010
Instrument No.: 110066363
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: April 20, 2011
Instrument No.: 111033018
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: December 28, 2011
Instrument No.; 111105668
SPECIAL WARRANTY DEED
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: March 28, 2013
Instrument No.: 113033187
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: June 13, 2013
Instrument No.: 113066014
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions.
Recorded: October 31, 2013
Instrument No.: 113121120
An easement for the purpose shown below and rights incidental thereto as set forth in a Public Right -of -Way Easement.
Granted to: Ada County Highway District
Purpose: Sidewalk
Recorded: August 19, 2010
Instrument No.:110076US
Re -Recorded: November 12, 2010
Instrument No.: 110106723
An easement for the purpose shown below and rights incidental thereto as set forth in a Seepage Bed Maintenance
Easement.
Granted to: Ada County Highway District
Purpose: Repair and maintenance of underground seepage beds
Recorded: November 12, 2010
Instrument No.: 110106724
Terms, provisions, conditions, restrictions and easements contained in a Temporary License Agreement by and
between Ada County Highway District and Brighton Properties, LLC and Idaho Self Storage Linder, I.I.C.
Dated: November 15, 2010
Recorded: November 18, 2010
Instrument No: 110108913
Easements, reservations, restrictions, and dedications as shown on the official plat of Commercial Southwest
Subdivision No. 1.
An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: City of Meridian, Ada County, Idaho
Purpose: Public Utilities
Recorded: April 17, 2013
Instrument No.: 113041514
An easement for the purpose shown below and rights incidental thereto as set forth in a Declaration of Easement
(Commercial Southwest Subdivision No. 2).
Granted to: Brighton Corporation, an Idaho corporation
Purpose: Ingress and egress, cross access, parking and public utilities
Recorded: May 15, 2013
Instrument No.: 113053297
Easements, reservations, restrictions, and dedications as shown on the official plat of Commercial Southwest No. 3.
Use Restriction 12/11/2013
Recorded: . 2013
Instrument No: _113132 514
SPECIAL WARRANTY DEED
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, t -w ►o cKS P r� w1C-r5 , LLC- 631z. W • IJac CH -V, �y 20`12-0
9&� � (name) x O (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
Z�&V� 49 t4e.-
(name)
815 17- w_ 0`lo-t, r* td4t j J�?.o Bot ge-
(address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this i v day of �� arm )-, e (,- , 20
. (Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
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Residing at:
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Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridianciiy.org/planning
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