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Home My WebLink AboutCC - 4096 Linder - Dev Mod Narrative B I LTMORE CO March 13,2026 Meridian City 33 E.Broadway Ave. Meridian,ID 83642 RE: Whitefish DA Modification Narrative for 4120 &4096 N Linder Road Dear Planning and Zoning Commission, Mayor and Council: Biltmore Company LLC is submitting the following application for a Rama Group LLC property at 4096&4120 N Linder Road,part of the Ledges Business Center Subdivision, as Lots 1-2 Block 1. We are requesting a Development Agreement Modification on this property to correct what we believe was an error in the allowable uses under the property's original development agreement, and would ask that it now include personal services to expand the variety of businesses available to serve the community in this location,as is standard for L-O zoning and supported in parts of the original agreement. We ask that the allowable uses of the property be read as; • Uses within the subdivision be limited to professional and sales offices, personal services, clinics (medical, dental, and optical), and health care or social services, or a day care center with a Conditional use Permit. Narrative: The Ledges Business Center Short Plat went through Meridian review in 2022 and was recorded in 2023. Staff noted the existing parcel received annexation and preliminary plat approval in 2006, known as Whitewater Subdivision (also known as Redfish). IN the Staff Report for SHP- 2022-0015, as part of the Meridian Planning Division Site Specific Conditions #1 of the Ledges Business Center Short Plat approval, the "Applicant shall comply with all previous conditions of approval associated with this development: AZ-05-021 (Whitewater Subdivision, f.k.a Redfish Subdivision; DA Inst. #106165912); A-2020-0203 (MBG Office Building CZC & DES)." Additionally, Site Specific Condition A. Planning Division—Site Specific Condition 4.a. states "Add a plat note stating the subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. #106165912)." �. 1580 W. Cayuse Creek Dr. Meridian, ID 83646 BILTMORE CO In that original Whitewater Subdivision Development Agreement(DA Inst. #106165912), the areas of conflicting records related to the allowable uses within the subdivision are; • 6.1.1 (page 4 of 10) 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer"shall develop the"Property"in accordance with the following special conditions: 1. Uses within the subdivision will be limited to professional and medical office use only. 7. COL4IIPLL4,NCE PERIOD/CONSENT TO REZONE:This Agreemenuaud the Commitments contained herein shall he terminated,and the zoning designation reversed, upon a default of the"Owner"or"Owners"heirs,successors,assigns,to wmply with Section 6 entitled "Conditions Goveming Development of Subject Property" of this agreement within two years of the date this Agreement is effective,and after the"City"has complied with the notice and hearing procedures as outlined in Idaho Cade§67.6509,orany subsequent amendments or recodifications thereof. a. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer"consents upon default to the reversal of the coming designation of the"Property'subject io and conditioned upon the following conditions procedenitu-wit: 81 That the'sCity"provide writtm notice of any failure to comply with this Agreement to`~Owner'and if the"Owner-Fails to Cure Stich failure within six(6)months of such notice. 9. INSPECTION: "OwnerlDeve-lopee'shall,immeriiatelyupnncomple-tionof any portion or the entirety of said development of the"Property'as required by this agreement or by City ordinance or policy,notify the t'.ity,Fmginelr and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the'`City"that apply to said Development. DEVELOPMENT AGREEN ENT(AZ 05-021 Va4frEWATER SUBDIVISION f—ly k—wo as REDFtsx SURDWtsrort) PAGE 4 OF 10 • Conclusions of Law item 7—Exhibit C in the Conclusions of City of Meridian Findings of Fact, Conclusions of Law and Decision& Order Case No. AZ-05-021, PP-05-021 (page 2 of 4) •. 208.895.0500 1 F. 208.895.0700 00 B1LTiMORE CO. an oriler ot appruval frl accordance with s Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Flarmiug and Zoning Department,the Public Works Department and any affected party requesting notice. T. That this approval is subject to the Legal Description in Exhibit A,the Pre]iminary Plat dated 3/13105 as shown in Exhibit B,and the Conditions of Approval in Exhibit C. The condition 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 Cade $ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that, ]. The applicant's Preliminary Plat as evidenced by having subruitted the Preliminary Plat dated 3/13/05 is hereby conditionally approved, CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DEC]SION&ORD1 R CASE NO. AZ-05-021,PP-05-021 -PAGE 2 of 4 3 www.biltmoreco.com •. 208.895.0500 F. 208.895.0700 :1 W. Cayuse Creek Dr. r : . B I LTMORE CO EXHIBIT C Redfish Subdivision A-05-021, PV-05421 Conditions of Apprbval (With 4eletions and additions In striikeouUuoderline) ANEXA'll'[ON&ZONQG CgMMENT 1. The annexation legal description submiltud with the application (dated 1-6-05, stamped by Stephen R. Lee, PLS) shows the property as contiguous to the cdxdn corporate boundary of the City of Meridian, 2, Any futuresubdivision,uses and constmcticn on this property stall Wrnpiy with the City of Meridian ordinances in effect at the time. 3, Poor to the amiexation ordinance approval, a Development hgrc,arnent(DA) shall he entered into bctwccn the City of Meridiam property owner (at the tints of annexation -ordinimm koptiorl), and the developer_ The appli-cant shall contact the City Attorney,Bill Nary, at 9 R-"-13 to initiate this process, The DA shall mcerponite tlkc following: + That no alterations,expuisions,reconstructions or other enlargements to the existing sittglo-family struat u s will be pernutted cxugA-through a Certifleme of Zoning Compliance(CZC)and except where 1)the use of the st uctm changes to a use consistcm with this Development Agwcrnent and 2)the stnuture meets all applicable development standards such as setbacks, hrontagc,h6ghl,etc ■ That no building or other struLIuru small he cxected,moved, added to or structurally altered,nor shall any building,sxruature or land be established or changed in use without a Certificate of Zoning CWnpliance(CZC). IP That all future uses small nut involyu uses, activities,prouesses,materials, equipment and conditioms of operation that will be detrimcmal to any persons, property ar the general wel fare byreas«n ❑f excessive production oI-irailic, noise,smoke, fumes,glare ur OdOrs, • That the following shall be the only allvwW uses on this property: professional and calm offien,personal or professianal services,clinics (medical, dental and optical),and health care or social services,or a daycare Qentrr witb a Conditional Use Permit. t That the hours of aperation%hall be limited to , 6 a.m. to I u.m..unless oche wise modified through a Conditional Usc Pumit- That any new structures)shall be generally Dnrnpatible in appearance and bulk with the surrounding residential propertics,as deteroiiaed by the Planning Director, unlcs,�s othrrMse tuodifiad through a Conditional Use Permit. •. 208.895.0500 F. 208.895.0700 BILTMORE CO With these two conflicting records of the early recorded documents, we ask for staff s support in modifying the allowable uses in the Ledges Business Park. This revision remains in conformance with the Comprehensive Plan and City of Meridian UDC requirements, as it clarifies the record of allowable uses in the subdivision under the L-O zoning. The proposed modification will not alter the previously approved public utility demands and would still require individual buildings and/or building tenants to make individual applications to operate in the Subdivision. In discussions with staff and as outlined in the Staff Report SHP-2022-0015 Ledges Business Center Short Plat, Section VII—City/Agency Comments & Conditions,A. Planning Division Site Specific Conditions, Item 6—"Lot 2, Block 1 is a non-buildable lot until such time as the existing storage building is removed, converted to an office use, OR remains as an accessory storage building to the new office building on said lot with a future CZC and DES application." The subdivision is required to comply with the identified planning conditions. This proposed DA Mod and any future building will comply with this condition. Per the condition, the existing accessory storage building will remain as an accessory storage building to any new office building on Lot 2 with future CZC and DES application. As discussed with staff, we agree that the accessory building will not be able to be leased for any 3rd party public storage use. Thank you for allowing Biltmore Company to work with you on another successful project for the City of Meridian. Please feel free to contact me with any questions. Sincerely, Jason Polson Project Coordinator Biltmore Company M: 208.724.2931 1 P: 208.895.0500 1580 W. Cayuse Creek Dr. I Meridian, ID 83646 jason@biltmoreco.com I www.biltmoreco.com •. 208.895.0500 F. 208.895.0700 1580 W. Cayuse Creek Dr. Meridian, ID 83646