CC - City of Boise's Action letter 147
S O I S E MAYOR: Lauren McLean DIRECTOR: Mark Lavin
C I I Y ^F 3 C
NNW
March 10, 2020
Kenny Hrabar
Stellar Senior Living
4525 Wasatch Blvd
Salt Lake City, UT 84124
kenny@stellarliving.com
Re: CAR20-00004 & PUD20-00008 / 13984 W Jasmine Ln
Dear Applicant:
This letter is to inform you of the action taken by the Boise City Planning and Zoning
Commission on your request for a rezone of 5.14 acres located at 13984 W Jasmine Ln.
from A-1 (Open Lands) to C-2D/DA (General Commercial with Design Review and a
Development Agreement). A conditional use permit for a planned residential
development comprised of 150-units for senior living is also included.
The Boise City Planning and Zoning Commission, at their hearing of March 9, 2020,
approved your conditional use request, based on compliance with the attached Reason
for the Decision and Conditions of Approval.
May we also take this opportunity to inform you of the following:
1. This conditional use approval will not take effect until after the appeal period has
lapsed.
2. The decision of the Boise City Planning and Zoning Commission may be appealed to
City Council within ten (10) calendar days from the issuance of this decision. The
appeal must be written, accompanied by the appropriate fee, and submitted to the
Planning and Development Services Department prior to the deadline set forth
herein. Appeal application forms are available in the Planning Department or online
under Applications at: http://pds.cityofboise.org/.
3. All appeals of this conditional use permit must be filed by 5:00 P.M., on March 19,
2020.
4. If this Conditional Use Permit is not acted upon within two (2) years, it will become
null and void without further notification from this Department.
This letter constitutes your Conditional Use Permit.
B01SE CITY HALL:150 N.Capitol Boulevard I MAIL:P.O.Box 500,Boise,Idaho 83701-0500 I P:208-608-7100 1 P:208-384-3753 1 TDD/TTY:800-377-3529
BOISE CITY COUNCIL:Elaine Clegg(President), Holli Woodings(President Pro Tern),Patrick Bageant,Lisa Sanchez,Jimmy Hallyburton,TJ Thomson
CITYOFBOISE.ORG/PDS
The Boise City Planning and Zoning Commission, at their meeting on March 9, 2020,
recommended to the Mayor and Boise City Council approval of the rezone request
based on the attached Reason for the Decision.
This application will be considered by the Boise City Council to establish a public hearing
date. You will be notified of the established hearing date.
Questions can be directed to me at (208) 608-7089 or krnelson@cityofboise.ora.
Sincerely,
kA&I" &",-Li
Karla Nelson
Associate Planner, Current Planning and Subdivisions
Boise City Planning and Development Services
KN/mh
cc: Tamara Thompson /The Land Group, Inc /tamara@thelandgroupinc.com
Wallace E. Hedrick/Wally&Jerrie Hedrick Trust/kenny@stellarliving.com
Matt Grimm /Centennial Neighborhood Association/matt.t.grimm@amail.com
r All
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Reason for the Decision
Rezone
The rezone meets the approval criteria of Boise City Code Section 1 1-03-04.3.B(7)(c). The
rezone is consistent with the Boise City Comprehensive Plan as the subject property is
designated as "Mixed Use" on the Land Use Map, within which the C-2 zone is allowed.
Requiring cross access is supported by Goal WB-C 2 which encourages greater
connectivity in the West Bench Planning Area. The C-2 zone is most compatible with the
surrounding zoning and development as the site is along Eagle Road a major travel
corridor and the use restricted through the Development Agreement will transition
effectively to the residential properties to the west while maintaining a commercial street
presence. The property is currently zoned A-1 (Open Land), with a maximum residential
density of one unit per acre. This is not an appropriate zone for a property in an urban
setting along a major transportation corridor where services, infrastructure and amenities
are readily available. The rezone is in the best interest of the public convenience and
general welfare as it will provide a valuable service to the community in the form of senior
housing and care.
Conditional Use
The senior living facility development complies with the approval criteria of Boise City
Code Section 11-03.04.7 (PUD Specific Procedures) and Section 11-07-06.05 (Planned Unit
Development Standards). The development will be compatible with the area and will
effectively transition from Eagle Road to the residential developments to the west. The
site is large enough to accommodate the use as the project meets the density, height
and parking requirements of the zone. Correspondence received from commenting
agencies confirm that with the included conditions of approval the use will not place an
undue burden on the transportation system or other services in the vicinity. The senior
living facility will be a relatively quiet neighbor for the residential properties to the west
while still providing a commercial style street presence on Eagle Road and will not
adversely affect other property in the vicinity. The project is consistent with the goals,
objectives and policies of Blueprint Boise. The property is designated "Mixed Use" on the
Land Use Map which supports senior living facilities through the conditional use process.
Goal NAC7 seeks to facilitate a mix of housing types and this project would add senior
housing. Similarly, in support of Principle SHCC 11.2 the facility would offer services to
elderly residents in the form of housing, recreation and care.
Conditions of Approval
Site Specific
1. Compliance with the plans and specifications submitted to and on file in the
Planning and Development Services Department date received January 29,2020,
and revised preliminary plat submitted February 6, 2020, except as expressly
modified by the following conditions:
2. Design Review approval shall be obtained prior to building permits.
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3. Tree mitigation in compliance with Boise City Code shall be provided.
4. The applicant shall provide cross access for the four existing single-family
residences which rely upon access through the site.
5. The site plan shall be modified to include 26' wide aerial fire access roadways and
to maintain this width at the connection points to the west.
Development Agreement
6. The following Development Agreement requirements shall be met:
a. Upon approval of the zoning, the applicant shall submit a final signed copy
of the Development Agreement for review and ordinance passage.
b. Within one year of the date City Council approves the zoning, the
Development Agreement shall be recorded.The three required readings of
the ordinance will not be scheduled until recordation has occurred. Failure
to record the Development Agreement within the one-year time frame
shall automatically render approval of this modification null and void.
c. Any future development shall comply with the Boise City Development
Code and shall obtain all required permits.
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i T,e,A \A ey peFpeti el Grecc GIGGecc shall he preyiideid to the POFGelc to the
west r�ect Gt the ry r�r�r�vimrvte Ir,�-rvti�r�c chWR GR the site PIGIR i-vR d shi-vll rrt
he limited t„ emerger,G., GGG8Sc „r,I.,. Planning and Zoning Commission
recommended that this condition be removed.
Agency Requirements
7. The applicant shall comply with the requirements of the following agencies as
identified in their submitted memos:
a. Idaho Transportation Department (February 26, 2020);
8. The applicant shall comply with the requirements of the Boise City Public Works
Department (BCPW). The following is a list of department comments by division:
a. Sewer (February 3, 2020);
b. Sewer Capacity (February 3, 2020);
c. Solid Waste (February 4, 2020);
d. Street Lights (January 31, 2020);
e. Pretreatment (January 31, 2020); and
f. Drainage/Stormwater (February 3, 2020).
S d 15 E Page 4 of 7 1 Action Letter I CAR20-00004&PUD20-00008 113984 W Jasmine Ln I Issued March 10,2020
Please contact BCPW at 208-608-7150. All items required by BCPW shall be included on
the plans/specifications that are submitted for a Building Permit. Please note that any
changes or modifications by the owner to the approved plans must be submitted to the
Public Works Department for approval.
9. The applicant shall comply with all requirements of the Boise City Building
Department.
10. The applicant shall comply with all requirements of the Boise Fire Department
comments received February 24, 2020. Any deviation from this plan is subject to
Fire Department approval. For additional information, contact Ron Johnson at
208-570-6500.
Standard Conditions of Approval
11 . This approval does not exempt the applicant from compliance with all local, state,
and federal regulations where applicable by law or judicial decision.
12. Building Permit approval is contingent upon the determination that the site is in
conformance with the Boise City Subdivision Ordinance. Contact the Planning
and Development Services Planning Department at 208-608-7100 regarding
questions pertaining to this condition.
13. Vision Triangles, as defined under B.C.C. 1 1-012-03, shall remain clear of sight
obstructions.
14. All landscaping areas shall be provided with an underground irrigation system.
Landscaping shall be maintained according to current accepted industry
standards to promote good plant health, and any dead or diseased plants shall
be replaced. All landscape areas with shrubs shall have approved mulch, such as
bark or soil aid.
15. Swales/retention/detention areas shall not be located along the streets, unless it
can be shown that landscaped berms/shrubs will screen the swales.
16. In compliance with the Boise City Code, anyone planting, pruning, removing or
trenching/excavating near any tree(s) on ACHD or State right-of-ways must obtain
a permit from Boise City Community Forestry at least one (1) week in advance of
such work by calling 208-608-7700. Species shall be selected from the Boise City
Tree Selection Guide.
17. Deciduous trees shall be not less than 2" to 2 1/2" inch caliper size at the time of
planting, evergreen trees 5' to 6' in height, and shrubs 1 to 5 gallons, as approved
by staff. All plants are to conform to the American Association of Nurseryman
Standards in terms of size and quality.
18. Utility services shall be installed underground.
S 0 1 5 E Page 5 of 7 1 Action Letter I CAR20-00004&PUD20-00008 1 13984 W Jasmine Ln I Issued March 10,2020
19. Any outside lighting shall be reflected away from adjacent property and streets.
The illumination level of all light fixtures shall not exceed two (2) footcandles as
measured one (1) foot above the ground at property lines shared with residentially
zoned or used parcels.
20. No change in the terms and conditions of this approval shall be valid unless in
writing and signed by the applicant or authorized representative and an
authorized representative of Boise City. The burden shall be upon the applicant to
obtain the written confirmation of any change and not upon Boise City.
21 . An Occupancy Permit will not be issued by the Planning and Development
Services Department until all of these conditions have been met. In the event a
condition(s) cannot be met by the desired date of occupancy, the Planning
Director will determine whether the condition(s) is bondable or should be
completed, and if determined to be bondable, a bond or other surety
acceptable to Boise City will be required in the amount of 1 10% of the value of
the conditions) that is incomplete.
22. All amenities, landscaping, fencing, sidewalks and underground irrigation shall be
installed or bonded for prior to the issuance of a building permit. For bonding, the
applicant is required to provide a minimum of two bids for the amenities,
landscaping materials and the installation. The bond shall be for 110% of the
highest bid. For additional information, please call (208) 608-7100.
23. Any change by the applicant in the planned use of the property, which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant, or successors of interest, advise Boise City of intent to
change the planned use of the property described herein, unless a variance in
said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
24. Failure to abide by any condition of this approval shall be grounds for revocation
by the Boise City Planning and Zoning Commission.
25. This permit shall be valid for a period not to exceed 24 months from the date of
approval by the Planning and Zoning Commission. Within this period, the holder of
the permit must acquire construction permits and commence placement of
permanent footings and structures on or in the ground.
26. Prior to the expiration of this permit, the Commission may, upon written request by
the holder, grant a two-year time extension. A maximum of two (2) extensions may
be granted.
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27. To reduce the noise impact of construction on nearby residential properties, all
exterior construction activities shall be limited to the hours between 7:00 a.m. and
7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. for Saturday and
Sunday. Low noise impact activities such as surveying, layout and weather
protection may be performed at any time. After each floor of the structure or
building is enclosed with exterior walls and windows, interior construction of the
enclosed floors can be performed at any time.
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