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HomeMy WebLinkAboutCedar Springs Place CUP CUP 04-048 MERIDIAN PLANNING & ZONING MEETING APPLICANT Plantation Place, lLP November 18, 2004 ITEM NO. 16 REQUEST Conditional Use Permit for (PD) approval for a new 27-unit assisted living facility & 13-unit independent living facility in a proposed R-15 zone for Ceder Springs Place Subdivision - southwest comer of North Meridian Road and West Ashby Drive CITY PLANNiNG DIRECTOR: CITY ATTORNEY See affached staff comments COMMENTS l2ee&mllzeml r3Þp/~I/¥ //?~/ þz L/-{) AGENCY CITY CLERK: CiTY ENGINEER: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See affached comments NAMPA MERIDiAN IRRIGATION: SETTLERS' IRRIGATION: No comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacled:~'(U()"'" ~ch Emolled: Phone: X~S-3SÎ J Date:~ Stoff Initials: Materials pr.,...led al pubHc me."nll' ,hall become property of the CIty of Meridian. j MAYOR Tammy de Weord olfe~; d¡dn IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUlWING DEPARTMENT (208) 887-2211 - Fax 898-9SS1 CITY COUNCIL MEMBERS Keith Bird Cbristine Dolmen Shaun Wardle Charles M. ROUIIIree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-440S MEMORANDUM: P & Z Hearing Date: November 18, 2004 Transmittal Date: November 15, 2004 To: Planning & Zoning Commission, Mayor and City Council Re: Cedar Springs Place Subdivision/Conditional Use Permit l~B C E rV.E, 1 2f/O\ ,~:;.I!: OF MERIDIAN I r',."Fry -'r-T!(': From: Craig Hood, Associate City Planner (IN .-d Bruce Freckleton, Development Services Manager ~ . Rezone (RZ) of 2.40 Acres ftom R-4 (Low Density Residential) to R-IS (Medium High Density Residential) for Proposed Cedar Springs Place Subdivision, by Plantation Place, LLP (File No. RZ-04-014) . Preliminary Plat (PP) Approval for 2 Building Lots on 2.40 Acres for Proposed Cedar Springs Place Subdivision, by Plantation Place LLP (File No. PP-04-039). . Conditional Use Permit (CUP) Approval for a Planned Development Consisting of a 27-Unit Assisted Living Facility and 13 Independent Living Units for Proposed Cedar Springs Place Subdivision, by Plantation Place, LLP (File No. CUP -04-048). We hove reviewed the aforementioned applications and now offer the following comments, and conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nONS SUMMARY The applicant, Plantation Place, LLP, has requested Rezone (RZ), Preliminary Plat (PP) and Conditional Use Permit (CUP) approval for a Planned Development (PD) on 2.40 acres of land located on the southwest comer of Meridian Road and Ashby Drive, approximately '4 mile north of Ustick Road. The project site is currently vacant. The property is designated "Medium Density Residential" on the 2002 Comprehensive Plan Future Land Use Map and is currently zoned R-4. The rezone application proposes to rezone the entire 2.40 acres ftom R-4 to R-IS. This site is part of Cedar Springs Subdivision preliminary plat, which the City Council approved on February 19, 2002. This site has not been final platted. The subject preliminary plat proposes to subdivide the existing 2.40 acres into two (2) buildable lots, one lot for the assisted living facility and one lot for the 13 independent living units. The CUPIPD includes a 27-unit assisted living facility and 13 independent living units. The assisted living facility is proposed as a single, one-story building housing 22 one- Mayor, Counci~ and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 2 courtyards, and an interactive café with internet hookups are provided on the assisted living lot. The independent living residences are proposed in four single-story buildings, including two 4-plexes, one 3-plex, and one 2-plex. The applicant is not requesting any deviations from any City established dimensional standards, For the required PD amenities, the applicant is proposing to construct two open courtyards with water features, an open patio adjacent to the dining room of the assisted living facility, a garden plot and two sitting areas on the independent living units lot. Further, there are walkways that traverse the site and the applicant is proposing to tie these walkways into the existing paths in Settlers Park in three areas. For each independent living unit the applicant is proposing IS6 square-feet of private useable open space, including a 96 square-foot back patio and a 60 square-foot ftont porch. (See Special Considerations under Conditional Use Permit Analysis below for detailed analysis of the proposed amenities and open space requirements.) Staff has provided a detailed analysis and recommended conditions of approval for the requested rezone, preliminary plat and conditional use permit applications below. We are recommending approval of the applications, willi the conditions outlined in this report. PROPERTY OWNER OF RECORD Howell-Murdoch Development Corporation is the current property owner and Kevin Howell, representing Howell-Murdoch Development Corporation, has submitted. notarized consent for Plantation Place, LLP, to submit the subject applications. LOCATION The subject property is located on the southwest comer of Meridian Road and Ashby Drive, approximately \4 of a mile north of Us tick Road, within Section 36, Township 4 North, Range 1 West. SURROUNDING PROPERTIES North: Single-family homes in Cedar Springs Subdivision, zoned R-4 South: Settlers Park, zoned L-O East: Single-family homes in Sundance Subdivision, zoned R-8 West: Settlers Park, zoned L-O REZONE FINDINGS & ANALYSIS According to Ordinance 11-15-11, General Standards AppliCllble to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the foUowing standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in II-IS-II and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential." The purpose of this designation is "to allow smaller lots for Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 3 B. c. D. residential purposes within city limits." (See Chapter VII, pg. 9S.) The applicant has submitted a letter listing several Comprehensive Plan policies that support the proposed applications. The Comprehensive Plan allows one "step" (i.e. medium to high) in densities/zoning without requiring a Comprehensive Plan amendment. Staff finds that if the City allows this parcel to step up one residential zoning district, the requested R-IS zoning will generally conform to this stated purpose and intent of the medium density designation. "Retirement Homes" (undefined in MCC 11-2-2 but generally defined as being independent living) are principally permitted in the R-IS zone. Staffalso finds that MCC 11-8-1 requires "Nursing Home" uses in the R-IS zone to obtain CUP approval. A nursing home is defined as a private establishment that provides living quarters and care for the elderly or the chronically ill. The applicant calls the proposed use "assisted living" and not a "nursing home." However, the nursing home definition in MCC 11-2-2 is clearly the same as what the applicant calls assisted living, and therefore the concurrent CUP application must be approved for the development to proceed. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Within the last couple of years, this area has substantially changed. Both Sundance Subdivision to the east and Cedar Springs Subdivision to the north have begun constructing homes on what was once agricultural land. Ashby Drive has been constructed as a residential collector street abutting the site. Meridian Road has not been widened in the recent past, but sidewalk has been constructed on Meridian Road abutting the site. The majority of the land uses in the area are medium density residential with other urban services such as Settlers Park and a planned elementary school to the west of Settlers Park. Staff believes that the proposed rezone to a high density residential zone seems to be appropriate and should be compatible with other land uses in the area. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; This area is intended for medium density residential uses. Meridian Road is an arterial that is ultimately planned to accommodate higher intensive traffic volumes and uses. Staff finds that the proposed uses, if designed, constructed and operated in accordance with adopted city ordinances and the PP and CUP conditions of approval, should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the proposed assisted living facility and independent living units for the elderly should be compatible with the existing single-family residences to the north and east. Further, Mayor, Counci~ and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 4 staff believes that Settlers Park, which abuts the southern and western boundaries of this site, compliments the proposed uses very well. The Commission and Çouncil shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. E. Will the area be served adequately by essenûal public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; This parcel is currently within the City limits and all essential public facilities and City services listed above currently serve this site. On October 22, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department is requiring a fIre hydrant in the island in the proposed parking lot. All of the detailed conditions ftom the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. With the approval of Cedar Springs Subdivision, sewer and water stubs were provided to this site. This site is subject to latecomers fees. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Meridian Fire Department has commented that developments for the elderly !MY. have the potential for more services than typical single-family residential developments. As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that wiD be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed uses will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page S surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, if all conditions are complied with. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an inteñerence with traffic on surrounding public streets; Staff finds that any future use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site was previously approved with Cedar Springs Subdivision. There is an existing curb return driveway on Ashby Drive located approximately 230-feet west of Meridian Road that the applicant is proposing to utilize. No access to Meridian Road is proposed. Sidewalk improvements to Ashby Drive and Meridian Road have previously been constructed abutting this site. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. Staff finds that the previously approved vehicular approach on Ashby Drive, should not create interference with traffic on surrounding public streets. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Staff recommends that. the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. J. Is the proposed zoning amendment in the best interest oftbe City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The rezone would also allow for the development of a vacant parcel of land. In accordance with the findings listed above, staff finds that the rezone of this property would be in the best interest of the City. REZONE SITE SPECIFIC CONDmONS/COMMENTS 1. The legal description submitted with the application, prepared by Gary A. Lee, meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. Mayor, Counci~ and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 6 3. Any existing domestic wells and/or septic systems within this project will have to be removed ftom their domestic service, per City Ordinance Section 5-7-517, when services are available ftom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. S. The applicant shall be responsible for paying any latecomers fees regarding utility service. PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-S.D of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Medium Density Residential" on the 2002 Comprehensive Plan Future Land Use Map and zoned R-4. Staff finds that if the Commission and Council grant the applicant the requested zone and the applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. Please see Conditional Use Permit Analysis below for further assessment of the proposed development. (See Rezone Finding "A" for further analysis.) B. The availability of public services to accommodate the proposed development; The site is currently serviceable by city water and sewer. The applicant shall bear the cost of extending mains/service lines to each of the individual proposed lots. If approved, the applicant/developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. Staff finds that public services can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by the Meridian Police and Fire Departments, and any other public service provider regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Because the applicant/developer is installing sewer, water, utilities and irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff finds that the City and its related services are capable of servicing the proposed development. Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 7 E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. AClID considers road safety issues in their analysis; AClID staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS {PRELIMINARY PLA TI A. Access: The applicant is proposing to utilize one public access point onto Ashby Drive to serve the development. AClID staff has previously reviewed and approved the access point for compliance with policy. Because there are two new lots in the development and only one access point, the applicant should be required to provide a cross-access and parking easement for each lot to utilize the driveway. The applicant should be required to delineate a cross-access easement on the face of the final plat, AND/OR record a cross-parking/cross-access agreement for the two lots within the subdivision to share the driveway to Ashby Drive. Maintenance of the parking and drive aisles should also be provided for with a note on the plat, AND/OR a recorded document such as CCR's. See Site Specific Condition #2 below. B. Landscaping: All required street buffer landscaping on Meridian Road and Ashby Drive have previously been installed. The applicant has submitted a landscape plan for this development depicting additional on-site landscaping. Staff is generally supportive of the landscape plan prepared by Harvest Design, dated 9-14-04. With each Certificate of Zoning Compliance (CZC) application for the assisted living facility and independent units, detailed landscape plans will be required that are consistent with the plan prepared by Harvest Design and depict internal landscaping of the parking and drive aisles, as well as any existing landscaping on the lot/site. See Site Specific Condition #3 below. C. Covenants Codes. and Restrictions: The applicant has submitted a copy of draft CCR's for this subdivision with the application. Staff recommends that for maintenance and operation purposes of the common areas (landscape, drive aisles, parking, etc.), the applicant record CCR's for this development. See Site Specific Condition #4 below. D. Pressure Irrigation: Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-S-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shaH be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #S below. Mayor, Counci~ and P&Z Commission P & Z Hearing Date: November 18,2004 Page 8 E. F. Ditches Laterals and Canals: All irrigation ditches, laterals or cansls, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #6 below. Fencing: The applicant is not proposing to construct any fencing around the perimeter of the site. Staff has concerns that fencing adjacent to the pathways in Settlers Park may create hazards for pedestrians. Therefore, any fencing or gates adjacent to the pathways in Settlers Park should be at least S-feet ftom the pavement. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition #7 below. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the concurrent Rezone (RZ-04-014) and CUP/PD (CUP-04-048) applications shall also be considered conditions of the Preliminary Plat (pP-04-039). 2. The applicant shall be required to delineate a cross-access easement on the face of the final plat, AND/OR record a cross-parking/cross-access agreement for the two lots within the subdivision to share the driveway to Ashby Drive. Maintenance of the parking and drive aisles should also be provided for with a note on the plat, AND/OR a recorded document such as CCR's. 3. The landscape plan prepared by Harvest Design, dated 9-14-04 is approved with no changes. Detailed landscape plans will be required with each CZC issued on this site. Said landscape plans shall be consistent with the plan prepared by Harvest Design and depict internal landscaping ofthe parking and drive aisles, as well as any existing landscaping on the lot/site. 4. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Cedar Springs Place Owners' Association. S. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-S-Z.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-Z. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing Mayor, Counci~ and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 9 7. 8. or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. Sewer and water service shall be via main line extension ftom the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Any fencing/gates adjacent the pathways in Settlers Park shall be a minimum of S-feet ftom asphalt. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. S57, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a 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. 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Add a fIre hydrant to the island in the parking lot. 10. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 11. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with this staff report, shall be submitted for the subdivision with the fmal plat application. 12. All required sidewalks shall be constructed in accordance with MCC 12-S-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 13. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 10 14. IS. 16. power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ftom the Public Works Department prior commencing installations. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including al00-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies. determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3- feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. Developer shall coordinate mailbox locations with the Meridian Post Office. Any existing domestic wells and/or septic systems within this project will have to be removed ftom their domestic service per City Ordinance Section 9-1-4 and 9~4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 17. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 18. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 19. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. CONDITIONAL USE PERMIT ANALYSIS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they find evidence presented at the hearing(s) is adequate to establish (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; Parking: The assisted living use requires a minimum of one (1) parking stall for every five (S) beds in the facility, or 6 stalls total (for 27 units). The Site Plan depicts 17 stalls being provided on the assisted living lot. It is recognized, however, that the I:S bed ratio is likely low and assumes a higher percentage of non-ambulatory residents than is often found in assisted living situations. The independent living use (calculated as single-family dwellings) requires one parking stall for the one bedroom units. On the submitted Site Plan, 9 of the 13 units are shown to contain a single car garage. In addition, there are 8 surface parking stalls proposed on the independent living lot. Including the garage spaces, the off-street parking ratio is exceeded for Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 11 B. C. D. this independent living use area. The Site Plan shows enough parking to accommodate both the assisted living and independent living uses. Open Space! Amenities: See Special Consideration # 1 below for detailed analysis of the private open space and amenity requirements. The applicant is not requesting any deviations to the City's standard building setbacks (yards), open space requirements, parking, landscaping, or any other features required by ordinance. Staff finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Rezone Finding" A" above. That the design, construction, operation, and maintenance wiD be compatible with other uses in the general neighborhood and with the existing or intended character ofthe general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the general design, construction, operation, and maintenance of the proposed development should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. (See "Rezone" findings above.) That the proposed use, if it complies with aU conditions ofthe approval imposed, will not adversely affeet other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; This parcel is currently within the City limits and all essential public facilities and City services listed above currently serve this site. On October 22, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department is requiring a fIre hydrant in the island in the proposed parking lot. All of the detailed conditions ftom the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 12 With the approval of Cedar Springs Subdivision, sewer and water stubs were provided to this site. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at puhlic cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fife and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes the fact that traffic and noise will increase with the development of this site. However, staff does not anticipate that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors. H. That the proposed use will have vehicular approaches to the property which shaD be so designed as not to create an inteñerence with traffic on surrounding public streets; Staff finds that any use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site was previously approved with Cedar Springs Subdivision. There is an existing curb return driveway on Ashby Drive located approximately 230-feet west of Meridian Road that the applicant is proposing to utilize. No access to Meridian Road is proposed. Sidewalk improvements to Ashby Drive and Meridian Road have previously been constructed abutting this site. The applicant should comply with ACHD policies.in order to preserve the capacity and movement on the adjacent roadways. Staff finds that the previously approved vehicular approach on Ashby Drive, should not create interference with traffic on surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or bistoric feature considered to be of major importance. Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 13 Staff is not aware of any natural, scenic or historic features that may be lost, damaged or destroyed with the approval of the subject applications. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural, scenic or historic feature( s) of importance of which staff is unaware. SPECIAL CONSIDERATIONS (CUPlPm 1. Planned Development: The applicant has requested approval of a PD to allow multiple structures on a single parcel. The applicant is not requesting to reduce/modifY any development standards established by City Ordinance. Staff recommends approval of the requested development. Amenities: MCCI2-6-2.A requires two or more amenities to be provided with each PD. For the required PD amenities, the applicant is proposing to construct two open courtyards with water features, an open patio adjacent to the dining room of the assisted living facility, a garden plot and two sitting areas on the independent living units lot. Further, there are walkways that traverse the site and the applicant is proposing to tie these walkways into the existing paths in Settlers Park in three areas. Staff believes that the proposed amenities are appropriate to the size and uses of the proposed development. See Site Specific Condition #2 below. Open Space: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. In accordance with MCC, the applicant is proposing to construct IS6 square-feet of private useable open space for each independent living unit, including a 96 square-foot back patio and a 60 square-foot ftont porch. See Site Specific Condition #3 below. 2. Walkways: The applicant is proposing to extend the pedestrian walkways in the development to the pathways in Settlers Park. The Meridian Parks Department is supportive of this proposal. The City agrees to allow the developer to remove the existing concrete ditch (on City property) to allow connection to pathways within the park. See Site Specific Condition #2 below. 3. Elevations: The applicant has submitted elevations and a materials list with the application. Staffis supportive of the proposed elevations and materials shown on Sheets S and 7, prepared by Peterson-Staggs Architects on 9-14-04. Staff believes that the proposed buildings will be compatible with the uses in the area (architecturally and aesthetically), if the buildings are constructed as shown on the submitted elevation sheets. When a Certificate of Zoning Compliance (CZC) is issued for the buildings, staff will verifY that the orientation and construction of each building is consistent with the approved elevations submitted for this development. All building construction should. substantially comply with the elevations prepared by Peterson-Staggs Architects on 9-14-04, Sheets S and 7. Construction materials used on the structures should be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner should submit a CUP modification. Said modification will require City Council approval. See Site Specific Condition #4 below. Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page 14 SITE SPECIFIC CONDITIONS (CONDIDONAL USE/PD) 1. All conditions of the concurrent Rezone (RZ-04-014) and Preliminary Plat (PP-04-039) shall also be considered conditions of the Conditional Use Permit (CUP-04-048). 2. As Planned Development amenities, construct two open courtyards with water features, an open patio adjacent to the dining room of the assisted living facility, a garden plot and two sitting areas on the independent living units lot, and walkways that traverse the site and tie said walkways into the existing paths in Settlers Park in three areas, as proposed. The City agrees to allow the developer to remove the existing concrete ditch (on City property) to allow connection to pathways within the park. 3. Construct 156 square-feet of private useable open space for each independent living unit, including a 96 square-foot back patio and a 60 square-foot front porch, as proposed. 4. All building construction shall substantially comply with the elevations prepared by Peterson- Staggs Architects on 9-14-04, Sheets 5 and 7. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner should submit a CUP modification. Said modification will require City Council approval. s. Provide parking for the development as shown on the Site Plan prepared by Peterson-Staggs Architecture on 9-14-04, labeled "I". All parking and areas of circulation shall be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 6. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-l.C. 7. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-S-2.K. 8. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ftom the Meridian Planning and Zoning Department (MCC 11-19-1). 9. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. Mayor, Council, and P&Z Commission P & Z Hearing Date: November 18, 2004 Page IS 10. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeftame, a new conditional use permit must be obtained prior to the start of development. Other Al!encvlDeoartment Comments & Conditions SANITARY SERVICES COMPANY (SSe) 1. 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(s). MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '12" 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 corners. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. S. Provide a 20' wide Fire Lane for all internal & external roadways. 6. Add a fire hydrant to the island in the parking lot on Lot 1, Block 1. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The Meridian Fire Department has experienced 2397 responses in the year 2004. 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. 10. Provide a knoxbox entry system for the complex. 11. Fire Sprinklers may be required for all buildings associated with this project. 12. No parking signs and painted curbs will be required for all Fire Lanes. Mayor, Council, and P&Z Commission P&ZHearingDate: November 18, 2004 Page 16 13. Occupants residing in the independent and assisted living units shall be capable of self-preservation. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 1 S. Applicant is herby informed that the project is subject to the 2003 International Fire Code. MERIDIAN PARKS & REcREATION DEPARTMENT 1. The City agrees to allow developer to remove the existing concrete ditch (on City property) to connect to the paths in Settlers Park. STAFF RECOMMENDATION Staff recommends approval of tbe Rezone (RZ-O4-014), Preliminary Plat (PP-O4-039) and Conditional Use PermitlPlanned Development (CUP-O4-048) applications with the above mentioned conditions. .J ...... -. A"~""'J'.. ~ "'" .~~ Ada County Highway District John S. Franden, President David E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner 3775 N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.adajd.us TO: October 27, 2004 RECEIVED OCT 2 8 200lt City of Meridian City Clerk Office Cedar Springs Place/MRZ-04-014/MCUP-04-O48/MPP-04-039 SWC Meridian Road and Ashby Drive Rezone/Conditional Use and Preliminary Plat for 27-unit Assisted Living Facility and a 13-unit Independent Living Facility in a proposed R-15 zone In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for a rezone, conditional use and preliminary plat approval to construct a 27- unit assisted living facility and a 13-unit independent living facility in a proposed R-15 zone. It has been determined that the Right-of-Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that the Meridian Road and Ashby Drive are currently fully improved. Plantation Place PO Box 140697 Boise, Idaho 83714 SUBJECT: In order to provide the City of Meridian with information regarding this site, the District estimates that this site will generate an additional 106 vehicle trips per day. It is estimated that the traffic count on Meridian Road north of Ustick Road was 4,928 on April 23, 2002. Based on this traffic count, Meridian Road functions at a level of service C. A traffic impact fee will be assessed by ACHD and will be due prior to the Issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for Information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. Andrea N. Tuning Planner III Right-of-Way and Development Services, Planning Divisio Cc: Project File, Construction Services, Drainage, Utilities Lead agency City of Meridian Petersen Staggs Architects 5200 West State Street Boise, Idaho B3703 Howell-Murdoch Development 4822 Rosepoint Way Suite C Boise, Idaho 83713 ( ( II ,.' "~~-=c="=;:c-_.____m 'o.. N ""NO", WAY I ,-" ' .~~~~-~"~.~. - '. .-..---- .....-..... ~~ 16 ¡i¡iii! § d è è!" CI !~¡¡n ~ Ii > ¡. s;¡ S ¡ I L 0 i n ~; ~ iI r j! I ,. ~'I' '" !~ , m ~ I. a' - '" 5., ~ '" !~ j~ ~~ jI!: ~a, ¡, z ;! !~ S' ~ s¡ j II .. ¡; ¡ i ;1 , ~ ji ~ ~ ,. . I j~ ¡ , , 'i' " !.; ~ IBI 0 ¡¡ ~ Ii ~ '. :t i , , ,. Ii ""om,"'""" . "".".' """"."" CEDAR SPRINGS PLACE " "" """" CO"" ",'CO" , , s""""", '" """"'"e,e""" u.." FOR K~:iÕ~::1I.~~~NR::Ct'~ ~;;'-H';;Y<D~\\" ,A Ii ..... ~~ ~. PETERSEN. ST AGGS r" A':;';';'.';::'~~~,,';;~P '.'\c-.- V> l:J ;;C Z- (;) ---c.n () T 0 ~ N 0 Z T 0 :;c t 0 n ~ ¡.I~ :~ ----- .. 16 r-- 0'" --" """ ,- ~ ,. ."". ". 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