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Cedar Springs Place Sub RZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Rezoning 2.40 Acres from R-4 to R-IS, AND Preliminary Plat Approval for Two Hooding Lots for Cedar Springs Place Subdivision, AND Conditional Use Permit Approval for a Planned Development Consisting of a 27-Unit Assisted Living Facility and 13 Independent Living Units, by Plantation Place, LLP. Case Nos. RZ-04-014, PP-04-039, CUP-04-048 For the City Council Hearing Date of: December 21, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were du1y considered by the City Council at the December 21,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in tlús matter. 2. Process Facts a. 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-O4-014, PP-O4-039, AND CUP-O4-048 - PAGE 1 015 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings is the Howell-Murdoch Development Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit G for the findings required for the Rezone application. b. See Exhibit H for the findings required for the Preliminary Plat application. See Exhibit I for the findings required for the Conditional Use Permit application. c. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated September 2,2004 as shown in Exhibit B, the Site Plan dated September 14, 2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D, E, and F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-O4-0I4, PP-O4-039, AND CUP-O4-048 - PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 2, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 14, 2004 is hereby conditionally approved; 3. The following modification to the site specific conditions for the Conditional Use Permit were made at the City Council hearing; a) Install wrought iron fencing on the perimeter of the development adjacent to the City park; and, 4. The site specific and standard conditions of approval are as shown in Exhibits D, E, and F. D. Notice of Applicable Time Limits I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval offinal plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 2. 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 permit 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 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 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 fmal 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-O4-014, PP-04-039, AND CUP-O4-048 - PAGE 3 of5 the development is made in successive contiguous segments or multiple phases, such phases shall be constructed witlún successive intervals of one year ITom 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.B.). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 regu1atory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. 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. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Legal Description Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Rezone Conditions of Approval Preliminary Plat Conditions of Approval (all agencies) Conditional Use Permit Conditions of Approval (all agencies) Rezone Findings Preliminary Plat Findings Conditional Use Permit Findings 4~ day of By action of the City Council at its regular meeting held on the :Jâf1 etA-.~' 2001 ? VOTED $úV COUNCIL MEMBER SHAUN WARDLE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-O4-014, PP-04-039, AND CUP-O4-048 - PAGE 4 015 COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ ~A...I VOTED æ6~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD VOTED - ~~) ~ &dJ ayor T~eerd ß~~' JA-: ß-~ 9.1- SEAL \ WilliamG.Berg,Jr.,CityCl ' \ '~', fIL"~'" " -,' - ... ' .. 'ð ~ 'a ' ",$t., ~ Copy served upon Applicant, The Planni:}~ f1:.' ent, Public Works Department and City Attorney. Attest: By: !xu!) ~()aM. ) City Clerk's Office Dated: \ -IO-£Þ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-0I4, PP-04-039, ANDCUP-O4-048 -PAGE 5 of5 EXHIBIT A Legal Description f'SiJ.. } ~ Engineers Surveyors Planners Pro e<t: Date: 1D-G4-087 August 24, 2004 ASSISTED LIVING REZONE BOUNDARY DI:SCRIP1'IOI>I A porcel of Iar1d bell1 ! a P'l'!(on pf the Soqth 1\ of Sectton 36, T.4I>I., R.IW., B.M.. Meridian, Ada County, ,_, and bell1 ! more ¡>arti<olar1y desc:rfbed as fallows: Commendng at an aluminum cap ",ar1dng tho Southea" ",rnor of..1d SectIon 36; thance along the Eastorty boundary of safd SectIon 36, North 00'51'23" East, 1,123.91 feet to a pOInt; thancoioavll1 ! the Easteriy _ary of said SectIon 36, North 8'1"08'37" West, 35.00 feet to a pøfnt mark1l1ø the So.-.st corner of Ceda, Sprfngo Subdivision No.2, as shown on the Offlcfat Plat ther..,f r~ in Book 86 of Plats at POses 9732 thru '1734 In tho records of Ada County, I_; "'once along the 50utharty boundary of said subdivision North 89"10'45" West, 35.00 feet to the POINT OF 8EGINNING; thence leaving the boundaty of safd subdM~on tho 1011owtngcoufS< S and distances: North 89'10'45" West, 390.10 feet: North 00' 51'23" East, 200.59 feet to a point on tho 5çut Ierly boundary of said Cedar Springs Subd1vl~on No. 2; thenco atong lI1e boundary of said subdlvlston 1110 following""""", and distances: North 19"38'54" West, 47.85 feet; North 70'21'06" East, 30,36 feat to a point on a tangent cwve; atong said curve to tho r1 /1t 99.71 feet, having a rodios of 280.00 feet, a central angle of 20'24'15", tangonls of 50.3~ Ieot, and a tong chord of 99.191eet whIch bea" North 80' 33'13" East to a point of tangency; South 89'14'50' East, 56.119 feet; South 8]' 05'50" EaS\, SO.29 fm: SouIl186'21 '50" East, 131.71 feet; South 89-14'39" East, 22,34'oot; South 44'11'38. East,2!i.31 feet; SouIi100'SI'23" Wast, 241.99 'eot to the POINT OF BëGINNING. Saki parcel contains 2.010"","" more or less. END OF DESCRIPTION Propared by: J.U.8 ENGINEERS, inc. GaryA. Lee, P.E./L.5. GAL/Jd>:1h<: F:\PROJiCT_"......". MURDOCH - fQWlfR AS$ISI'EO LMNGIDESCRJPTl!JNIA$$Ism> UVING REZONE BOUNDAR'.DOC * EXHIBIT B Approved Preliminary Plat Cedar Springs Place Subdivision (File PP-04-039) f ~ I:ñ!!:-"""""""'::"'=~':""""" i ,-~ -""'",""""""":=:'-- i . - t \ .._c..,..-----'-- 31'1 -- . ..,..,.,.""""""----.- ¡I --- . -- .-.-- - ,; ~._' ===, "':°,-=::--""-- . '1,1 I ~':'.=:.=:;::::.--==. I;! tßm .--", :::-_::.:,~::"'-;-=':::'-,:::'_',---,- ;i~I'-1 ' . - ,...------_.._- »- . -, ~;;;::::---=:::::;'=-_. .' ---mr- I' -,-- B I '~T.'~~,~ -.¡¡r- ~ oi,'t.":&. ~ -"-.~. ..., - - - 8~F.;'~ .. -~r~~~1 "":..: L.., I SPRJ~GS',I.' .ill".~ISlON NO.2 (ZONEO R4) ...1 = -i1<~ , " I, " -.. 'j ',- ." .n. -..",,' ø'-'\,~.-1f:";;:'cb.-+ --. , ,;F-:d, :~-- EXHIBIT C Approved Site Plan Cedar Springs Place (File CUP-04-048) - :...." =~ ~-,"- ="=~-::--="'" r...=- ~~~""-=",", ==<-.--..... ""----=.=..-..,- ,---..--..-. ....-=-.."..-""""""",-, ~~~ ,_.....'.. '-',....-...- ',,= j! ;. " FI¡ m¡ m! ~I; ::¡ EXHIBIT D Rezone Conditions of Approval Plantation Place, LLP (File RZ-04-014) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: REZONE SITE SPECIFIC CONDITIONS/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 witlún the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Any existing domestic wells and/or septic systems within tlús project will have to be removed ITom their domestic service, per City Ordinance Section 5-7-517, when services are available ITom 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. 5. The applicant shall be responsible for paying any latecomers fees regarding utility service. EXHIBIT E Preliminary Plat Conditions of Approval Cedar Springs Place Subdivision (File PP-04-039) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: [City Council approved additions shown as underline. deletions shown as ~.} 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 fmal plat, AND/OR record a cross-parkingl cross-access agreement for the two lots witlún 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 of'the 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. 5. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.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 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 cu1inary 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 9-1-2. 6. 7. 8. 9. All irrigation ditches, laterals or canals, 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 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 ITom 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 5-feet ITom 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 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. 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. 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 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, 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 final plat application. 12. 13. 14. 15. 16. 17. 18. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 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 power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom 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 a 100-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 of 3-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 1-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 ITom 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. Compaction test reswts must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing wowd sit atop fill material. 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. ADA COUNTY HIGHWAY DISTRICT 1. 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. 2. 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. SANITARY SERVICES COMPANY (SSC) I. 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 Yz" 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 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 150' 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 of 28' inside and 48' outside. 5. 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. 9. 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. 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. 13. Occupants residing in the independent anè assisted living units shall be capable of self-preservation. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. 5. The engineers and architects involved with the design of the subject project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT F Conditional Use Permit Conditions of Approval Plantation Place, LLP (File CUP-04-048) [City Council approved additions shown as underline. deletions shown as ~.] SITE SPECIFIC CONDITIONS (CONDITIONAL USE/pm 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 ITont 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. 5. Provide parking for the development as shown on the Site Plan prepared by Peterson-Staggs Architecture on 9-14-04, labeled "1". 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 (SSe) 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-I.C. 7. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.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) ITom 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. 10. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun witlún this timeITame, a new conditional use permit must be obtained prior to the start of development. 11. Install wrought iron fencing on the perimeter of the development. adjacent to the Citv park. ADA COUNTY HIGHWAY DISTRICT 1. 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. 2. 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. SANITARY SERVICES COMPANY (SSC) 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 W' 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. 9. 11. 12. 13. 14. 15. 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 150' 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 of 28' inside and 48' outside. 5. 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 of300' apart. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consu1ting 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. Fire Sprinklers may be required for all buildings associated with this project. No parking signs and painted curbs will be required for all Fire Lanes. Occupants residing in the independent arn:l assisted living units shall be capable of self-preservation. Provide exterior egress lighting as required by the International Building & Fire Codes. 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. CENTRAL DISTRICT HEALTH DEPARTMENT I. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. 5. The engineers and architects involved with the design of the subject project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT G Rezone Findings Cedar Springs Place Subdivision (File RZ-04-014) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " "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 residential purposes within city limits." (See Chapter VII, pg. 95.) 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-15 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-15 zone. Staff also finds that MCC 11-8-1 requires "Nursing Home" uses in the R-15 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. B. 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 E. begun constructing homes on what was once agricu1turalland. 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. C. 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, shou1d be harmonious and appropriate in appearance with the existing and intended character of the vicinity. D. 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, staff believes that Settlers Park, which abuts the southern and western boundaries of this site, compliments the proposed uses very well. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. Will the area be served adequately by essential 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 witlún 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 ITom the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. H. 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 shou1d 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 tlús 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 !!illY 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 will 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 surrounding properties. However, staff does not believe that the additional noise shou1d 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 odÓrs, if all conditions are complied with. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference 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 tlús 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 tlús 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 of the 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 ofland. In accordance with the findings listed above, staff finds that the rezone oftlús property wou1d be in the best interest of the City. EXHIBIT H Preliminary Plat Findings Cedar Springs Place Subdivision (File PP-04-039) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D 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 Îmancial 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. 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 Councilor Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved tlús 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. EXHIBIT I Conditional Use Permit Findings Cedar Springs Place (File CUP-04-048) The City Council hereby approves the following analysis of required findings by staff: 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 shall 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 aU 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 (5) 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 1:5 bed ratio is likely low and assumes a higher percentage of non-ambu1atory 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 tlús 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. 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; See Rezone Finding "A" above. C. That the design, construction, operation, and maintenance will be compatible F. 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; 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.) D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect 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, staffs 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 tlús property. The Meridian Fire Department is requiring a fire hydrant in the island in the proposed parking lot. All of the detailed conditions ITom 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 tlús 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 fmds that the subject property can be served adequately by all essential public facilities and City services. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the G. H. 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 fire 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. 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. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference 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 shou1d comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. Staff finds that the previously approved vehicu1ar approach on Ashby Drive, shou1d not create interference with traffic on surrounding public streets. Please review the ACHD report for tlús project for additional information regarding this finding. 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. 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.