CC - Staff ReportSTAFF REPORT
HEARING DATE: July 25, 2017
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
(208) 884-5533
SUBJECT: Linder and Overland Road Apartments – H-2017-0093
I. SUMMARY DESCRIPTION OF REQUEST
The applicant, Wolff Enterprises II, LLC, is requesting to amend the recorded development
agreement (DA) (instrument #113077158) for the purpose of removing the subject property from the
governing DA and entering into a new DA to develop a 336-unit multi-family project.
For informative purposes the applicant has provided a concept plan and sample elevations that
represents the future design of the proposed development. Further, refinement of the site plan and
building elevations will occur with the submittal of a certificate of zoning compliance and
administrative design review application if Council grants approval of the subject DA modification.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number H-2017-
0093, as presented in staff report for the hearing date of July 25, 2017, with the following changes:
(insert any changes here). I further move to direct Legal Department Staff to prepare a Development
Agreement for this site that reflects the provisions noted in Exhibit A.6.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number H-2017-0093,
as presented during the hearing on July 25, 2017. (You should state why you are denying the request.)
Continuance
I move to continue file number H-2017-0093 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The site is located on the south side of W. Overland Road, west of S.
Linder Road in the NE ¼ of Section 23, Township 3 North, Range 1 West. (Parcel
#S1223120620)
B. Applicant:
Wolff Enterprises, LLC
6710 E. Camelback Road, Suite 100
Scottsdale, AZ 85251
C. Evangelical Lutheran Church of America
8765 W. Higgins Road
Chicago, IL 60631
Linder and Overland Apartments – H-2017-0093 Page 1
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
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: July 7, 2017
C. Radius notices mailed to properties within 300 feet on: June 29, 2017
D. Applicant posted notice on site by: July 14, 2017
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant property, zoned TN-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by undeveloped and underdeveloped commercial and residential properties,
zoned C-C, TN-C and TN-R. Near the proposed development are county residents and single
family homes, zoned, RUT, R-8 and TN-R.
C. History of Previous Actions:
• In 2007, this property was annexed (AZ-06-031) with a development agreement (Instrument
No. 107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision.
• A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10
original parcels of record that were of record in the Ada County recorder’s office prior to
April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were
consistent with the master concept plan and the development agreement could move forward
without platting (ROS 8550). This site is parcel 2 on said record of survey.
• In 2008, a Conditional Use Permit (CUP-08-027) and a development agreement modification
(MDA-08-004) were approved on the subject property to develop an 87,757 square foot
assisted living facility containing 187 residential units. The amended DA recorded as
instrument #1111099621. The amended DA replaced the original DA approved with the
annexation of the property noted above.
• In 2012, another development agreement modification (MDA-12-009) was approved by the
City that replaced the DA approved with MDA-08-004. The recorded DA governing the site
recorded as Instrument #113077158.
VII. STAFF ANALYSIS
The applicant wishes to remove the subject property from the original development agreement and
enter into a new DA with the City. With the previous DA modification (MDA 12-009), the Council
approved a new conceptual development plan and capped the number of residential units that could
develop on the subject property (see Exhibit A.2).
The approved concept plan depicts an assisted living facility, church and associated site
improvements. The number of residential units that are currently allowed to develop on the property
is 250 units.
The applicant has submitted a new concept plan and conceptual building elevations depicting a 336-
unit multi-family development consisting of fourteen (14) three-story apartment buildings and a 9,000
square foot clubhouse/community building, all to develop in a single phase. The new concept plan
also depicts site access, open space/amenities, parking and site circulation (see Exhibit A.3 and A.4).
Linder and Overland Apartments – H-2017-0093 Page 2
The open space proposed for the project is approximately 1.86 acres and the applicant is proposing
the following amenities:
1) Clubhouse;
2) pool and spa;
3) Fitness room;
4) Children’s play structure; and
5) two (2) barbecue areas and picnic areas.
NOTE: The site is currently developed with three (3) ACHD retention ponds. To ensure that
this is an attractive development, staff believes that the applicant should make every effort to
incorporate these facilities into their proposed design. If the ponds are designed in accord with
UDC 11-3B-11, these facilities could count towards the required open space for the proposed
development.
The building materials proposed for the apartments and clubhouse include board and batten siding,
fiber cement paneling, and composite shingles. In general, staff is supportive of the proposed building
materials however, the proposed structures need to provide variations in design, building materials
wall plane and rooflines as desired by the architectural standards manual (ASM). Compliance with
the ASM will occur with the submittal of the design review application.
If the DA modification is approved the underlying zoning of the property (TN-C) only requires the
applicant to receive CZC and DES approval (staff level approval). In general, staff is supportive of
the design concepts, open space and amenity package submitted with the application however; a
comprehensive review of the submitted plans has not been done to ensure the plans as submitted
comply with all of the multi-family standards and the design standards of the UDC and the ASM.
Further refinement will be necessary to ensure the site and building designs comport with the
structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in
the Architectural Standards Manual (ASM) and the open space and site amenities set forth UDC 11-
3G and UDC 11-4-3-27.
Staff recommends the following DA provisions be incorporated into a new development agreement as
follows:
1. Development of the property shall generally comply with the concept plan and building
elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Architectural Standards Manual (ASM).
2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to
Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3.
3. Any future multi-family development on the site must obtain approval of a certificate of zoning
compliance and administrative design review application and comply with the specific use
standards set forth in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-
3G.
4. The applicant shall construct a maximum of 336 residential units on the site.
5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of
the proposed development. The existing retention ponds may count towards the required open
space if designed in accord with UDC 11-3B-11.
6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the
proposed development per Public Works specifications, so that capacity modeling can be
Linder and Overland Apartments – H-2017-0093 Page 3
completed to ensure there is adequate sewer capacity and fire flows to serve the proposed
development.
Staff recommends approval of the development agreement modification with recommended
provisions attached in Exhibit A.6.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Approved Concept Plan
3. Proposed Concept Plan
4. Proposed Building Elevations
5. Legal Description and Exhibit Map Subject to the New DA
6. Proposed Development Agreement Provisions
Linder and Overland Apartments – H-2017-0093 Page 4
Exhibit A.1 – Vicinity/Zoning Map
Linder and Overland Apartments – H-2017-0093 Page 5
Exhibit A.2 – Approved Concept Plan
Site
Linder and Overland Apartments – H-2017-0093 Page 6
Exhibit A.3 – Proposed Concept Plan
Linder and Overland Apartments – H-2017-0093 Page 7
Exhibit A.4 – Proposed Building Elevations
Linder and Overland Apartments – H-2017-0093 Page 8
Linder and Overland Apartments – H-2017-0093 Page 9
Exhibit A.5 – Legal Description and Exhibit Map Subject to the New DA
Linder and Overland Apartments – H-2017-0093 Page 10
Linder and Overland Apartments – H-2017-0093 Page 11
Linder and Overland Apartments – H-2017-0093 Page 12
Linder and Overland Apartments – H-2017-0093 Page 13
Exhibit A.6 – Recommended Development Agreement Provisions
1. Development of the property shall generally comply with the concept plan and building
elevations attached in Exhibit A.3 and A.4, the design standards listed in UDC 11-3A-19 and the
guidelines contained in the Architectural Standards Manual (ASM).
2. Except for emergency access to Overland Road as depicted on the site plan, direct lot access to
Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3.
3. Any future multi-family use on the site must obtain approval of a certificate of zoning compliance
and administrative design review application and comply with the specific use standards set forth
in UDC 11-4-3-27 and the open space and site amenities set forth in UDC 11-3G.
4. The applicant shall construct a maximum of 336 residential units on the site.
5. The applicant shall coordinate with ACHD and incorporate the three (3) retention ponds as part of
the proposed development. The existing retention ponds may count towards the required open
space if designed in accord with UDC 11-3B-11.
6. With submittal of the CZC and DES application, the applicant shall submit Autocad files of the
proposed development per Public Works specifications, so that capacity modeling can be
completed to ensure there is adequate sewer capacity and fire flows to serve the proposed
development.
Linder and Overland Apartments – H-2017-0093 Page 14