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
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JA-: ß-~ 9.1- SEAL \
WilliamG.Berg,Jr.,CityCl ' \ '~', fIL"~'" " -,'
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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
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Engineers Surveyors Planners
Proe<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 5çutIerly 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.
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F:\PROJiCT_"......". MURDOCH - fQWlfR AS$ISI'EO LMNGIDESCRJPTl!JNIA$$Ism> UVING REZONE BOUNDAR'.DOC
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EXHIBIT B
Approved Preliminary Plat
Cedar Springs Place Subdivision
(File PP-04-039)
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EXHIBIT C
Approved Site Plan
Cedar Springs Place
(File CUP-04-048)
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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.