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HomeMy WebLinkAboutMeadowlake Village CUP-04-014 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/27/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT IN AN L-O ZONE FOR MEADOWLAKE VILLAGE CONTINUING CARE RETIREMENT CENTER (CCRe), LOCATEDIN THE CENTER OF MEADOW LAKE VILLAGE, SOUTH OF FRANKLIN ROAD, APPROXIMATELY Yz MILE EAST OF EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-04-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISIONAND ORDER GRANTING CONDITIONAL USE PERMIT TOUCHMARK OF THE TREASURE VALLEY, LLC APPLICANT The above entitled conditional use pennit application having come before the City Council on July 27,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Borchers Canning for the Planning and Zoning Department, and Mark Mitchell, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE I OF20 taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 27,2004, before the City Council, the fIrst publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the eJCtemal boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 27,2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to eJCpress comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 4. The property is located in the center of Meadow Lake Village, south of Franklin Road, approJCimately Yz mile east of Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Touchmark of the Treasure Valley, LLC, 5150 SW Griffith Drive, Beaverton, Oregon 97005. 6. The Applicant is Touchmark of the Treasure Valley, d.b.a. Meadow Lake Village, 3805 E. Franklin Road, Meridian, Idaho 83642. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use pennit for a planned development to modifY an eJCÍsting conditional use pennit for the Continuing Care Retirement Center (CCRC) and related facilities. The proposed modification was deemed significant enough to require that a new Conditional Use Permit be obtained for the use requested by the Applicant. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as MiJCed-Use Community. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PLANNING & ZONING (P&Z) 1 PuBLIC WORKS 1. The maximum building height (at the peak) for this project shall be as follows: Building Senior Apartments Assisted Living Facility Lodge Clock Tower Maximum Peak Height 55' 41' 46' 67' 2. Parking is approved as depicted on the site plan, as follows: . Senior Apartments: I underground space per unit. . Assisted Living Facility: 41 spaces . Lodge: 60 spaces, plus 6 at service entrance Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain constant. 3. Setbacks are approved as depicted on the site plan (AU dated 4.15.04). The minimum setback shall be 5 feet and the project layout shall remain in substantial compliance with the approved site plan. 4. All surface parking shall confonn to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. Structured parking stalls beneath the Senior Apartments may reduce the width of the drive aisle one foot to 24'. 5. The landscaping is approved per the landscape plans (sheets L1.G-L1.4) dated 4.12.04. All street trees shall be deciduous species, as shown; conifers will be allowed intemally as shown. The proposed shift of9 trees from the perimeter to the interior, as detailed on sheet L 1.0 is also approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 12. 13. 14. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- l7-4.B. 7. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall confonn to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. The two proposed 4x6 monument signs shall be located outside of the 40' x 40' sight triangles at the intersections. 10. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed development. Applicant shall coordinate size and routing with the Public Works Department. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGESOF20 9. FIRE DEPARTMENT 1. Applicant shall meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section D I 05 of the Intemational Fire Code prior to final approval of the application. 2. Project shall comply with NFP A and IFC requirements for underground parking, which may require that underground parking areas include fire sprinklers. Coordinate with Fire Marshall, Joe Silva. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 18. 1. 1. B. 1. 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. The proposed multi-family project has an estimated 344 units at build out. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. Maintain a separation of 5' from the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. The first digit of the Apartment/Office Suite shall correspond to the floor level. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the International Building & Fire Codes. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. POLICE DEPARTMENT COMMENT: The Police Department has no concerns related to the site design submitted with the application. SANITARY SERVICES CORP. COMMENT: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Adopt the Recommendations of ACHD as follows: Comply with the conditions of approval for MCUP03-005 (Meadow Lake Village). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE70F20 c. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change application must be filed with the District prior to final platting. 2. All laterals and waste ways must be protected. The easement for the Chaffin Drain must be protected. Any encroachment will require a license agreement prior to construction.\ 3. All municipal surface drainage must be retained on site. If any municipal drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. 13. There are no significant or scenic features, or no significant existing trees, of major importance that affect the consideration of this application. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. As part of the planned development, the applicant is requesting approval of parking scenario proposed, as follows: The senior apartment units will be served by underground parking with an approximate ratio of one space per unit. The assisted living facility will be served by4l parking spaces (which is a ratio of one space per each 1.5 units). The lodge will be served by 60 spaces in the front and an additional 6 spaces at the service entrance (which is a ratio of approximately one space per 450 square feet). Standard ordinance parking requirements for "convalescent or nursing home, rest home, and similar uses" is I space per 5 beds. This standard is actually far exceeded by the proposal for the assisted living facility. Standard ordinance for apartments/multi-family dwellings is 2 spaces per unit. This standard would be cut in half for the senior apartments. The lodgelcommon building is not spelled out by ordinance and would fall under 11-13-5.B.7, which states, "for uses not listed in this section, parking spaces shall be provided on the same basis as the most similar listed use. It is proposed that the project will support all of the proposed parking ratios, as they are based FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 on the applicant's experience with similar projects in other areas. 15. The current Comprehensive Plan Land Use Map designates the property as Mixed-Use - Community. It is found that the proposed CCRC uses are harmonious with and in accordance with the Comprehensive Plan. The overall project was approved as a conditional use for planned development in order to allow reduced setbacks and multiple buildings on a single lot. The current proposal is also a planned development to modifY the original layout and to provide detailed approval of both phases. The project will meet the minimum requirements of the MCC with all the conditions are complied with. This proposal is in compliance with the mixed use policies in Chapter 7 (pp.97-98), The purpose of the mixed use designation in the Comprehensive Plan "is to identifY key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility. Thus the flexibility requested through the Planned Development is in harmony with the intent ofthe Comprehensive Plan designation. 16. It is found that the proposed CCRCwill not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity. The proposed project boundary is surrounded on all sides by other property owned by Touchmark for the Meadow Lake Village project and is in harmony with the approved conceptual plan for the project. Any impacts of the CCRC will likely be restricted to existing and future phases of the Meadow Lake Village project itself. 17. It is not anticipated that the proposed CCRC will adversely affect adjacent properties due to the fact that the proposed CCRC is central to and completely surrounded by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 Meadow Lake Village project. Any impacts of the CCRC will likely be restricted to existing and future phases of the Meadow Lake Village project itself. 18. It is found that the proposed development can be adequately served by the essential public services and facilities. City water and sewer mains have been constructed within the Meadow Lake Village project and will be extended as part of this proposed development. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal. The applicant needs to coordinate with the Fire Department regarding the fire lanes. 19. It is found that the proposed CCRC will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. 20. It is found that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. ACHD approved the project on 6/12/04 at stafflevel and references the ACHD Commission's prior approval of the overall project on 4/8103. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Refer to the ACHD comments for additional detail on this project. As noted above in paragraph 20, ACHD did approve the project on 6/12/04. 22. It is found that there are no natural or scenic features of major importance which will be lost through the development of the subject property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the tenns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use pennit to detennine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE II OF 20 e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O) a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: B. C. D. E. 8. A. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 Order that: 1. That the above named applicant is granted a conditional use permit for a planned development to modifY an existing conditional use permit for the Continuing Care Retirement Center (CCRC) and related facilities, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PLANNING & ZONING (P&Z) 1 PUBLIC WORKS 1. The maximum building height (at the peak) for this project shall be as follows: Building Senior Apartments Assisted Living Facility Lodge Clock Tower Maximum Peak Height 55' 41' 46' 67' 2. Parking is approved as depicted on the site plan, as follows: . Senior Apartments: I underground space per unit. . Assisted Living Facility: 41 spaces . Lodge: 60 spaces, plus 6 at service entrance Minor modifications can be made, if necessary, during the CZC prQcess as long as the overall parking ratios remain constant. 3. Setbacks are approved as depicted on the site plan (AU dated 4.15.04). The minimum setback shall be 5 feet and the project layout shall remain in substantial compliance with the approved site plan. 4. All surface parking shall confonn to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. Structured parking stalls beneath the Senior Apartments may reduce the width of the drive aisle one foot to 24'. 5. The landscaping is approved per the landscape plans (sheets LI.G-LlA) dated 4.12.04. All street trees shall be deciduous species, as shown; conifers will be allowed internally as shown. The proposed shift of9 trees from the perimeter to the interior, as detailed on sheet L 1.0 is also approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 12. 13. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 7. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate pennits. Signs shall confonn to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11127/02 and as submitted with the application. The two proposed 4x6 monument signs shall be located outside of the 40' x 40' sight triangles at the intersections. 10. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed development. Applicant shall coordinate size and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 9. 14. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site. FIRE DEPARTMENT 1. Applicant shall meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section 0105 of the International Fire Code prior to final approval of the application. 2. Project shall comply with NFP A and IFC requirements for underground parking, which may require that underground parking areas include fire sprinklers. Coordinate with Fire Marshall, Joe Silva. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 17. 18. 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. II. The proposed multi-family project has an estimated 344 units at build out. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. Maintain a separation of5' from the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. The first digit of the Apartment/Office Suite shall correspond to the floor level. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will be required for all Fire Lanes. Provide exterior egress lighting as required by the International Building & Fire Codes. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. POLICE DEPARTMENT COMMENT: 1. The Police Department has no concerns related to the site design submitted with the application. SANITARY SERVICES CORP. COMMENT: 1. B. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUP03-005 (Meadow Lake Village). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 c. § 11-17-9. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change application must be filed with the District prior to final platting. 2. All laterals and waste ways must be protected. The easement for the Chaffin Drain must be protected. Any encroachment will require a license agreement prior to construction.\ 3. All municipal surface drainage must be retained on site. If any municipal drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31- 3805. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use pennit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT PAGE 19 OF 20 conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I t} f'~ day of ~,f.J- ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ VOTED - COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ð'-II? -6J4- MOTION: APPROVED:-X- DISAPPROVED:- Attest: SEAL :: '7. ,f? ff 1 Iiam G. Berg, Jr., City lerk ~ "ð r 15í ." .j.° f ~, ., l:'.-.. . ,Q'(' ",~ ';, .-!.'UNT'/ \" Copy served upon Applicant, Planning a{{ð'4flI1/H¡,\,j:;\eøilÌiment, Public Works ::~~ ~d r: ::ey. Dated: ~ - 13 - O1 City Clerk's Office Z:\WorklM'MeridianlMeridian 15360MMeadowiake Village Continuing Care Retirement Center (CCRe) CUP-O4-014\FfCIsCUPIJ4.O14.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR A PLANNED DEVELOPMENT FOR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT IN AN L-O ZONE FOR MEADOWLAKE VILLAGE CONTINUING CARE RETIREMENT CENTER (CCRC), LOCATED IN THE CENTER OF MEADOW LAKE VILLAGE, SOUTH OF FRANKLIN ROAD, APPROXIMATELY Yz MILE EAST OF EAGLE ROAD, MERIDIAN, IDAHO TOUCHMARK OF THE TREASURE VALLEY, LLC, APPLICANT 1. CIC 07/27/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-014 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on July 27,2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use pennit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned ORDER CONDffiONAL USE PERMIT (CUP-04-014) PAGE 1 OF 8 4. 5. 6. development to modifY an existing conditional use permit for the Continuing Care Retirement Center (CCRC) and related facilities, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PLANNING & ZONING (P&Z) 1 PuBLIC WORKS 1. The maximum building height (at the peak) for this project shall be as follows: Building Senior Apartments Assisted Living Facility Lodge Clock Tower Maximum Peak Height 55' 41 ' 46' 67' 2. Parking is approved as depicted on the site plan, as follows: . Senior Apartments: I underground space per unit. . Assisted Living Facility: 41 spaces . Lodge: 60 spaces, plus 6 at service entrance Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain constant. 3. Setbacks are approved as depicted on the site plan (AU dated 4.15.04). The minimum setback shall be 5 feet and the project layout shall remain in substantial compliance with the approved site plan. All surface parking shall confonn to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. Structured parking stalls beneath the Senior Apartments may reduce the width of the drive aisle one foot to 24'. The landscaping is approved per the landscape plans (sheets LI .G-LI.4) dated 4.12.04. All street trees shall be deciduous species, as shown; conifers will be allowed internally as shown. The proposed shift of9 trees from the perimeter to the interior, as detailed on sheet L 1.0 is also approved. This conditional use permit shall be subject to the expiration provisions set forthinMCC 11- 17-4.B. ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE20F8 13. 14. 7. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 8. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right -of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall confonn to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. The two proposed 4x6 monument signs shall be located outside of the 40' x 40' sight triangles at the intersections. 10. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 11. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed development. Applicant shall coordinate size and routing with the Public Works Department. Underground year-round pressurized irrigation must be provided (from an existing system) to all landscape areas on this site. ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE30F8 FIRE DEPARTMENT 1. Applicant shall meet with the Fire Marshall to discuss the aerial fire apparatus access roads per Section D 105 of the International Fire Code prior to final approval of the application. 2. Project shall comply with NFP A and IFC requirements for underground parking, which may require that underground parking areas include fire sprinklers. Coordinate with Fire Marshall, Joe Silva. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of ]3'6". This includes mature landscaping. ORDER CONDITIONAL USE PERMIT (CUP-O4-014) PAGE 4 OF 8 18. 1. 1. B. 1. 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. The proposed multi-family project has an estimated 344 units at build out. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. Maintain a separation of5' from the building to the dumpster enclosure. 13. Provide a Knoxbox entry system for the complex. 14. The first digit of the Apartment/Office Suite shall correspond to the floor level. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the International Building & Fire Codes. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. POLICE DEPARTMENT COMMENT: The Police Department has no concerns related to the site design submitted with the application. SANITARY SERVICES CORP. COMMENT: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Adopt the Recommendations of ACHD as follows: Comply with the conditions of approval for MCUP03-005 (Meadow Lake Village). ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE 5 OF 8 C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change application must be filed with the District prior to final platting. 2. All laterals and waste ways must be protected. The easement for the Chaffin Drain must be protected. Any encroachment will require a license agreement prior to construction.\ 3. All municipal surface drainage must be retained on site. If any municipal drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Pennit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 I - I 7-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE60F8 application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE70F8 By action of the City Council at its regular meeting held on the /t)I/J,. day of fJurS-f- ,2004. Attest: By:k~Qa~ City Clerk's Office Dated: ~ - \1,-04 Z:\Work\M\MeridianlMeridian 15360MlMeadowiake Village Continumg Care Retirement Cenœr(CCRC) CUP-O4-014\OnierCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-014) PAGE80F8