HomeMy WebLinkAboutZ - Development Agreement ADA COUNTY RECORDER Trent Tripple 2024-059693
BOISE IDAHO Pgs=35 VICTORIA BAILEY 10/23/2024 08:02 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. OverlandHH LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
22nd day of October , 2024 by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642, and OverlandHH, LLC, whose address is 525 E. Overland Road,
Meridian, ID, 83642, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 1.22 acres of land with a request for the R-8 (Medium-Density
Residential) zoning district on the property as shown in Exhibit"A"under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
1.7 WHEREAS, on the 27 h day of August, 2024, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
DEVELOPMENT AGREEMENT—LUNA HOSPICE AZ(H-2024-0012) PAGE 1 OF 7
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and ftom
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to OverlandHH, LLC, whose
address is 525 E. Overland Road, Meridian, Idaho 83642, hereinafter called
OWNER/DEVELOPER, the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 2 OF 7
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The existing structure shall connect to City water and sewer service within 60 days
of annexation and disconnect from private service, as set forth in MCC 9-1-4 and
9-4-8.
b. Future development of this site shall be generally consistent with the site plan,
landscape plan, and conceptual building elevations included in Section VIII of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as Exhibit`B" and the provisions contained herein.
c. Future uses on the site are limited to a nursing or residential care facility. Other
uses are not allowed.
d. Remove both of the existing U-shaped accesses to Overland Road for this site as
required by Ada County Highway District (ACHD) and City Staff per UDC 11-
3A-3. Provide cross access to both the properties to the east and west when/if they
redevelop with a non-residential use in the future to reduce access points and
submit a copy of the recorded easement to the Planning Division with the future
Certificate of Zoning Compliance.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 3 OF 7
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, notify the City Engineer and request the City Engineer's inspections and written approval
of such completed improvements or portion thereof in accordance with the terms and conditions of
this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by
the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 4 OF 7
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
OverlandHH,LLC
525 E. Overland Rd.
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and
DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 5 OF 7
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-0012) PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
OverlandHH,LLC
Y:
STATE OF IDAHO*
County of Ada
On this jAd of PLLObep 2024,before me,the undersigned,a Notary Public in and for said State,
personally appeared XIOLPA Lie known or identified to me to be the W-A ej, of
OverlandR11,LLC and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
'Nosh Owens
,-��rmlssloaNurabm 20241220
(SE Nourypliblit Notary Public
State of Idaho
My Commission
1&J1onEXpireSt04/03/Z030 My Commission Expires:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 10-22-2024 Chris Johnson, City Clerk 10-22-2024
I
STATE OF IDAHO
ss
County of Ada
On this 22nd day of October 2024, before me, a Notary Public, personally appeared Robert E.
Sinilson and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS NVI-IEREOF,I have hereunto set my hand and affixed my official seat the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho 3-28-2028
My Commission Expires: '
DF-VELOPiN4ENi'AGREEMENT—L,uNA HOSPICE AZ(H-2024-0012) PAGE 7 OF 7
EXHIBIT A
May 14, 2024
Overlandhh, LLC
Legal Description
A parcel of land being a portion of the NE 1/4 of the NW 1/4 of Section 19, T.3N., R1 E.,
Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the northwest corner of said Section 19 thence on the north line of said
Section 19 N89043'32"E a distance of 1,498.35 feet to the True Point of Beginning;
thence S00013'32"W a distance of 180.00 feet; thence N89143'32"E a distance of
250.00 feet; thence N00013'32"E a distance of 180.00 feet to a point on the said north
line of Section 19; thence on last said north line S89043'32'W a distance of 250.00 feet
to the Point of Beginning.
The above described parcel contains 44,998 Square Feet, more or less.
Y Z /
i
LEGEND
—— BOUNDARY LINE
SECTION LINE
———————— EASEMENT LINE ANNEXATION EXHIBIT
FOUND BRASS CAP
O FOUND 5/8'IRON PIN F 0 R
• SET 5/8'IRON PIN w/CAP
------ OVE RLAN D H H U-C
ORIGINAL LOT LINE
E3 CALCULATED POINT
• EXISTING FENCE LINE A PORTION OF NE 1/4 NW 1/4, SECTION 19. 13N., R,1E. B.M.,
MERIDIAN, ADA COUNTY, IDMO
30 15 0 30 60 90
SCALE IN FEET
LP.N.f2dN-06471
13 18 BASIS OF BEARING 18
5 B9'43'32'W 2444.35'
LE� L�J�iilJ•J LPd F.Ip31)6147
250.00' 6%.00'
24 19 EAST OVERLAND ROAD 19
N.
N 89'4332'E 120.00'___________ —— — — N 89_4332'E 90.00________.AwTlE6SLE
-______________________________ _ 90.00'6.11'ACHO SLOPE EASEAENT,MSTR.NO.102159333
1 1 NW CORNER LOr 19,&K.2
1 i AMENDED A N GREENS
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1 — 44.998 Sq.ft. 00
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------- N 89.43'32•E 250.00'
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REFERENCE SURVEYS AND PLATS „
1.THE MERIDIAN GREENS UNIT NO.I. THE- M R1(l lA""•-FEE---N% „••• "1(j,
2.THE AMENDED MERIDIAN GREENS-UNIT NO.4.
CERTIFICATE OF SURVEYOR
I.ANTONIO A.CONTI,PLS NO. I8350•STATE OF IDAHO.DO HEREBY
CERTIFY THAT THE SURVEY REPRESENTED ON THIS PLAT WAS
PERFORMED BY AE OR UNDER MY DIRECT SUPERVISION AND IS IN � 4STE
CONFORMITY WITH THE STATE OF IDAHO CODES RELATING TO PLATS
AND SURVEYS AND THE CORNER PERPETUATION AND FLING ACT.
1 50/ ACKERMAN
ESTVOLD
7661 west Rrvel*O—,St,•.mz Carter Cly.1D 63714
N 0 6 208.853.6470 www.a<ke -eswolacon
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DATE: DRAWING NO.=
R24019--N 03-19-24 15:41:34 MARCH, 2024 R24019
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy
AND DECISION& ORDER
In the Matter of the Request for Annexation(AZ)of 1.03 acres of land with an R-8 zoning district;
and Conditional Use Permit(CUP)to operate a 14-bed hospice care facility,by CivilSphere
Engineering.
Case No(s). H-2024-0012
For the City Council Hearing Date of: August 13,2024 (Findings on August 27,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 13, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 13,2024,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 13,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 13, 2024, incorporated by reference)
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 Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 13,2024, incorporated by reference. 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
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and conditional use permit is hereby approved per the
conditions of approval in the Staff Report for the hearing date of August 13,2024,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter.When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -2-
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of August 13,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -3-
By action of the City Council at its regular meeting held on the 27th day of August
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robe"- mison 8-27-2024
Attest:
� SEAL
Chris John n 8-2 - 24
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
,,
By: � �� � �� ( , �1� Dated: 8-27-2024
City Clerk's Office
Charlene Way, Assistant Qlty Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -4-
E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING August 13, 2024 Legend DATE:
0
Project Location
TO: Mayor&City Council " 1
FROM: Stacy Hersh,Associate Planner
208-884-5533fit
;
SUBJECT: Luna Hospice—AZ, CUP
H-2024-0012 I
LOCATION: 525 E. Overland Rd.,in the NE 1/4 of the
NW '/4 of Section 19, T.3N.,R.1E.
I. PROJECT DESCRIPTION
Annexation(AZ) of 1.03 acres of land with an R-8 zoning district; and Conditional Use Permit(CUP)
to operate a 14-bed hospice care facility.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 0.775-acre
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Residential
Proposed Land Use(s) Nursing care facility
Current Zoning RI in Ada County
Proposed Zoning Medium-Density Residential(R-8)
Phasing Plan 1
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 3/14/2024
History(previous approvals) None
1 1 1
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IV. NOTICING
Planning&Zoning City Council
Notice Dates Notice Dates
Newspaper Notification 6/4/2024 7/28/2024
Radius notification mailed to 5/30/2024 7/25/2024
properties within 500 feet
Site Posting Date 6/6/2024 7/25/2024
Next Door posting 5/30/2024 7/24/2024
V. COMPREHENSIVE PLAN ANALYSIS
Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land
Use Map(FLUM) contained in the(Comprehensive Plan). This designation allows for dwelling units
at gross densities of 3 to 8 dwelling units per acre.
The requested use is not for a single-family residential purpose,nursing or residential care
facilities are listed as a conditional use in the R-8 zoning district. At the discretion of City
Council, areas with a Residential Comprehensive Plan designation may request an office use if the
property only has frontage on an arterial street or section line road and is two acres or less in size. In
this instance,no ancillary commercial uses shall be permitted. This proposed use is semi-residential
and is less impactful to the transportation network due to its operational characteristics. Staff
considers this use similar in terms of intensity and impact on adjacent properties. City Council
has the discretion to approve the use of the property as a nursing or residential care facility in
accordance with the Comprehensive Plan.
Transportation: East Overland Road,which runs along the front/north side of this property,is
depicted as a principal arterial street on the Master Street Map (MSM). There are no stub streets from
adjacent developments to this property.
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Support housing affordability, special-needs housing,ownership opportunities,and housing
rehabilitation through programs administered by the State of Idaho,Ada County,nonprofits,
and federal agencies'."(2.01.02E)
By proposing a 14-bed nursing care facility for end-of-life care, the development diversifies
special-needs housing options in the area, thereby contributing to the variety of housing
needs within the City. The facility addresses a specific and essential housing need,
enhancing the overall housing diversity and supporting the goal of a balanced community.
• Support infill development that does not negatively impact the abutting, existing
development. Infill projects in projects in Downton should develop at higher densities,
irrespective of existing development."(2.02.02C)
This parcel is an enclave surrounded by land already annexed into the City. This parcel,
along with parcels to the east and west, is one of the only remaining parcels still in the
County. The proposed development will not likely impact the existing abutting developments
to the east, west, and south.
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services."(3.03.03F)
City water and sewer service is available and can be provided to this property in accord with
UDC 11-3A-21.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure is available to this property. Curb, gutter and sidewalk
have been constructed along E. Overland Road in accord with UDC standards.
• "Eliminate existing private treatment and septic systems on properties annexed into the City
and instead connect users to the City wastewater system; discourage the prolonged use of
private treatment septic systems for enclave properties."(3.03.03A)
If annexed, the existing home will be required to abandon the existing septic system and
connect to the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe."(2.02.02)
Annexation and redevelopment of the subject infill parcel will maximize public services.
• "Require all new development to create a site design compatible with surrounding uses
through buffering, screening,transitional densities, and other best site design practices."
(3.07.01A
The proposed nursing care facility will contribute to the variety of residential categories
within the surrounding area as desired. The Applicant is providing 20 foot landscape buffers
adjacent to residential properties to the east, west, and south.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed site design provides maximum use of the land with the proposed nursing care
facility and should be compatible with the existing developments on adjacent properties,
which are also designated for MDR uses.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads, and promoting
local and collector street connectivity."(6.01.02B)
Staff recommends that the Applicant provide cross/access to one of the neighboring
properties to the east and/or west(Parcel#51119212410 or#51119212501)for access
when/if those properties redevelop with non-residential uses in the future to reduce access
points to the arterial street.
VI. STAFF ANALYSIS
A. Annexation&Zoning(AZ):
The Applicant proposes to annex 1.03 acres of land with an R-8 zoning district to operate a 14-
bed hospice facility(residential care facility), if the Commission and Council deem the use
appropriate as discussed above.
The site is within the Area of City Impact(AOCI)boundary and is contiguous to City annexed
land to the north and south.A legal description was submitted for the boundary of the annexation
area,included in Section VIII.A below. However,the annexation exhibit map does not
represent the correct acreage of the annexation boundary, and one of these exhibits identify
the annexation area. Staff recommends that the Applicant provide a revised exhibit map
fifteen (15)days prior to the City Council hearing that accurately represents the acreage of
the annexation boundary,not just the property acreage.
The applicant has provided a concept plan that shows how the property is going to redevelop
which includes the existing 2,472-square-foot single-family dwelling, a 2,229 square foot
addition,parking and landscaping. The existing structure is required to connect to City water
and sewer service within 60 days of annexation and disconnect from private service, as set
forth in MCC 9-1-4 and 9-4-8.
A nursing or residential care facility is listed as a conditional use in the proposed R-8 zoning
district per UDC Table 11-2A-2, subject to the specific use standards listed in UDC 11-4-3-29.
The specific use standards require a conditional use permit(CUP)when the use results in more
than ten(10)persons occupying a dwelling at any one time,the Applicant or owner shall
concurrently apply for a change of occupancy as required by the building code in accord with
Title 10 of this Code. A CUP is requested concurrent with the annexation request(see analysis
below).
The City may require a development agreement(DA)in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure this property develops as proposed and required,
Staff recommends a DA with the provisions discussed herein and included in Section IX.A.
B. Conditional Use Permit(CUP):
A CUP is requested for nursing or residential care facility,as required by UDC 11-4-3-29.
The proposed hospice facility will provide 14-beds to accommodate end-of-life care for residents.
The Applicant plans to renovate the existing residential house and construct an addition,resulting
in a of 4,700 square feet to accommodate 14 hospice care beds.
Dimensional Standards: The proposed development is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the proposed R-8 zoning district.. The existing
garage on the west should be set back 5 feet from the west property line and 12 feet from south
property line. To ensure compliance with the R-8 dimensional standards,Staff recommends
that the Applicant show the required setbacks on the site plan submitted with the future CZC
application.
Specific Use Standards: The proposed use is required to comply with the specific use standards
listed in UDC 11-4-3-29,Nursing or residential care facilities: Staffs analysis is in italics.
A. General standards.
1. If the use results in more than ten(10)persons occupying a dwelling at any one
time, the applicant or owner shall concurrently apply for a change of occupancy as
required by the building code in accord with Title 10 of this Code.
The Applicant is applying for a change of occupancy to accommodate 14 hospice
care beds.
2. The owner and/or operator of the facility shall secure and maintain a license from
the State of Idaho Department of Health and Welfare, facility standards division.
B. Additional standards for uses providing care to children and juveniles under the age of
1. All outdoor play areas shall be completely enclosed by a minimum six-foot
nonscalable fence to secure against exit/entry by small children and to screen
abutting properties. The fencing material shall meet the swimming pool fence
requirements of the building code in accord with title 10 of this Code.
There are no outdoor play areas proposed for the nursing care facility.
2. Outdoor play equipment over six(6) feet high shall not be located in a front yard or
within any required yard.
There are no outdoor play areas proposed for the nursing care facility.
3. Outdoor play areas in residential districts or uses adjacent to an existing residence
shall not be used after dusk.
There are no outdoor play areas proposed for the nursing care facility.
C. Additional standards for uses providing care to patients who suffer from Alzheimer's
disease, dementia or other similar disability that may cause disorientation. A barrier
with a minimum height of six(6) feet, along the perimeter of any portion of the site that
is accessible to these patients shall be provided. The fencing material shall meet the
swimming pool fence requirements of the building code in accord with title 10 of this
Code.
There is an existing wood fence that runs along the south boundary of the property, a
vinyl fence along the west side, and a chain link fence along the east side of the property.
Staff recommends that the Applicant install 6 foot fencing around the area where patients
will access outdoors in accordance with UDC 11-3A-7and include the fencing on the
plans submitted with the future CZC application.
Access: Access is provided via E. Overland Road,an arterial street,via a fully improved"U"
shaped driveway. Another existing 22-foot wide curb cut for a shared access drive onto Overland
Road located at the site's east property that aligns with the Western States Cat Equipment driveway
on the north side of Overland Road(refer to below figure). ACHD provided the following Site-
Specific Conditions of Approval below:
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1. Repair or replace any damaged or deficient transportation facilities on Overland Road abutting the
site, as determined by ACHD staff, and consistent with the current version of PROWAG.
2. Use one of the existing driveways located as follows.
A 46-foot wide shared access driveway located at the site's east property line (22-feet
located onsite and 24-feet located on the adjacent parcel to the east)-
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do A 12-foot wide driveway located 276-feet east at V Way (measured centerline-to-
centerline),
3. Reconstruct the driveway chosen to be used(location listed above Site Specific#2)as a curb return
type driveway with a maximum width of 30-feet and provide an on-site turnaround to prevent
backing onto Overland Road. If the applicant chooses to use the driveway located at the site's east
property line, then the applicant shall not modify the portion of the driveway that exists offsite on
the parcel to the east. This driveway is approved as a temporary full access and may be restricted
with a median at any time as determined by ACHD.
4. Close the existing 40-foot wide driveway located 375-feet east of 31 Way with vertical curb, gutter
and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side.
5. Close either the 22-foot wide portion of the shared access driveway located at the site's east
property line (the applicant shall not modify the portion of the driveway that exists offsite on the
parcel to the east)or close the 12-foot wide driveway located 270-feet east of 31 Way with vertical
curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on
either side.
6. It is recommended that City of Meridian require the applicant to grant cross access to the parceI(s)
to the east(S1119212501)and/or the west(S1119212410).
7. Other than the access specifically approved with this application, direct lot access is prohibited to
Overland Road_
This property and the adjacent properties to the east and west only have access to an
arterial street(i.e. Overland Road).Therefore, Staff recommends that the Applicant
provide cross access to the property to the west and east(Parcels#S1119212410 and
S1119212501)for interconnectivity when/if they redevelop with a non-residential use in the
future to further reduce access points to the arterial street in accord with UDC 11-3A-3A.2.
A copy of the recorded easement shall be submitted to the Planning Division prior to
Building Permit submittal. Staff recommends that the Applicant close off the existing U-
shape accesses off Overland Road and coordinate with Staff to revise the site plan to
construct the shared access on the east boundary(22-feet in width)to be shared in the
future by the adjacent property. Furthermore,the Applicant should also stub a 20-foot
drive aisle to the property to the west for future interconnectivity.NOTE: the access to the
west may be unlikely because the adjacent property owner has just completed a recent
remodel and intends to remain living in the residence for quite some time.
Pedestrian Walkways: A 7-foot wide attached sidewalk exists along E. Overland Road.
Detached sidewalks are required along arterial streets per UDC 11-3A-17;however,because the
existing sidewalk is in good condition, Staff doesn't recommend it's reconstructed as a detached
sidewalk. Both ACHD and Staff recommend replacing the existing accesses on Overland
Road with 7-foot wide attached concrete sidewalks to tie into the existing improvements on
either side.
A sidewalk is proposed on the north side of the new building adjacent to parking that appears to
be 7 feet in width. If wheel stops are not provided in parking spaces abutting a 5-foot wide
area to prevent vehicle overhang,the sidewalk should be widened to 7-feet in accord with
UDC 11-3C-5B.4. If the sidewalk is 7-feet,the length of the parking spaces may be reduced to
17-feet if desired.
Additionally,the Applicant is proposing a sidewalk around the existing building leading to the
entrance. The Applicant should depict measurements of the sidewalk on the plans submitted with
the future Certificate of Zoning Compliance(CZC) and Design Review(DES)application. The
sidewalk should be a minimum of 5 feet in width in accord with UDC 11-3A-17A.
Pedestrian walkways: Furthermore,the proposed plan does not include a pedestrian walkway that
will run from the main building to the sidewalk along E. Overland Road per UDC 11-3A19.13.3.
Where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished
from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks
as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the Certificate of
Zoning Compliance application should reflect compliance with this standard—the proposed
striping of the crosswalk is not an approved material and should be revised to comply with this
standard.
Landscaping: A 25-foot wide street buffer is required along E. Overland Road., an arterial street,
landscaped per the standards listed in UDC 11-3B-7C. The landscape plan depicts a buffer with
the required number of trees and plantings in accord with UDC standards. Staff recommends
that the Applicant install additional landscaping within the 25-foot buffer in place of both of
the existing U-shaped driveways to be removed. Therefore, Staff recommends that the
Applicant applies for Alternative Compliance concurrent with the future CZC application
for the required 25-foot landscape buffer along Overland Road.
The request shall demonstrate evidence of the unique hardship caused by the required street
buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the
required buffer. In no case shall the width be reduced to less than ten(10)percent of the depth
of the lot per UDC 11-3B-7.C.1c. A reduction to the buffer width shall not affect building
setbacks; all structures shall be set back from the property line a minimum of the buffer width
required in the applicable zoning district.
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Landscape Buffers to Adjoining Uses: Although the Applicant is not required to provide 20-
foot landscape buffers adjacent to residential uses per the UDC code, Staff recommended that the
Applicant include 20-foot landscape buffers for the proposed hospice facility. The existing
detached garage and driveway encroach into the landscape buffer on the west side of the
site. Staff is amenable to this encroachment, as it provides additional screening.However,
the garage should be setback 5-feet from the property line to meet the dimensional
standards in the R-8 zoning district. Additionally,the buffer is not required along a portion
of the east boundary to facilitate cross-access with the adjacent property.
Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. The
parking lot landscaping appears to comply with this standard.
Mitigation is required for existing healthy trees 4"caliper and greater that are removed from the
site as set forth in UDC 11-3B-IOC.5. There are 20 existing healthy/non-healthy on the site
totaling 394 caliper inches, 8 of which,totaling 138 caliper inches,are proposed to be removed—
these require mitigation. The other eight(12),totaling 310 caliper inches,are proposed to be
preserved and protected on the site—these trees are proposed to be counted toward the mitigation
requirement. Existing trees retained on the site may count toward required landscaping
equally towards the mitigation of calipers lost from other removed trees; Mitigation trees
are in addition to all other landscaping required by this article. The submitted landscape
plan appears to comply with this standard.
Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 0.5 beds
provided. Based on the proposed 14 beds, a minimum of 7 parking spaces are required.A total
of 7 parking spaces are proposed,meeting the minimum UDC standards.
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the
location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans
submitted with this application. A detail of the bicycle rack should be included on the plans
submitted with the future CZC application.
Fencing(UDC 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-
7. Fencing exists around the perimeter of the site;there is an existing wood fence that runs along
the south boundary of the property,a vinyl fence along the west side, and a chain link fence along
the east side of the property. Staff recommends that the Applicant install 6-foot fencing
around the area where patients will access the outdoors and include the fencing on the plans
submitted with the future CZC application.
Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord
with UDC 11-3A-21.
Waterways(UDC 11-3A-6): There are no existing waterways that cross this site.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is
required to be provided to the development as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-I8):An adequate storm drainage system is required in all
developments in accord with the City's adopted standards, specifications and ordinances.
Building Elevations: Building elevations were submitted for the proposed new building addition
as shown in Section VIII.D. Final design of the structure is required to comply with the
design standards listed in the Architectural Standards Manual(ASM)for residential.
Certificate of Zoning Compliance/Design Review: A Certificate of Zoning Compliance(CZC)
and Design Review application is required to be submitted to the Planning Division and approved
prior to submittal of building permit application(s). The application materials should be
updated as necessary to comply with the conditions contained in Section IX.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation&zoning and conditional use permit
applications with the provisions included in Section IX per the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on June 20,2024.At the public
hearing,the Commission moved to recommend approval of the subject Annexation and
Conditional Use Permit requests.
1. Summary of Commission public hearing_
a. In favor: Claire Smarda, CivilSphere Engineering,Alyssa Blakely,Luna Hospice
Administrator
b. In opposition:None
c. Commenting:None
d. Written testimony:None
e. Staff presenting application: Bill Parsons, Planning Supervisor
f. Other Staff commenting on application:None
2. Key issue(s) testimony
a. None
3. Key issue(s)of discussion by Commission:
a. Concerns with access for emergency services
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. Add a Development Agreement Condition to approve the nonconforming structure
(garage)remaining on the site.
C. The Meridian City Council heard these items on August 33.2024. At the public hearing.the
Council moved to approve the subject Annexation and Conditional Use Permit requests.
1. Summary of the City Council public hearing:
a. In favor: Carmen Weber,Weber Design Studio&Albert Lieu. Owner
b. In opposition:None
C. Commenting: Rodney Brody
d. Written testimony:None
e. Staff presenting application: Bill Parsons,Planning Supervisor
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Concerns with Meridian Greens Subdivision irrigation pipe residing on this property.
3. Key issue(s)of discussion by City Council:
a. Concerns with tobacco usage from employees negatively impacting the surrounding
residents.
b. Council would like to see the irrigation issues resolved with Meridian Greens
Subdivision prior to occupancy of the building.
4. City Council change(s)to Commission recommendation:
a. The Applicant shall provide a revised annexation exhibit map prior to Council adopting
the ordinance.
b. The Applicant shall provide a letter of acceptance from the Meridian Greens
Homeowner's Association confirming the agreement regarding the use of irrigation
water to meet the needs of both the homeowner's association and the Applicant prior to
issuance of CZC.
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
May 14, 2024
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Legal Descriplion
A Parcel of land being a portion of the NE 114 of lhe WW 1f4-of Seclian 19. 7-.3N., R1 E.
Boise Meridian, City of Meridian,Ada County, Idaho, rnoro particularly described as
follows:
Urnmentmg at line northwest comer of said Section 19 thence on the north line of said
Section 19 N89°43'32"E a distance of 1,490.35 feet talhe True Point of Beginning;
thence 80001 3'32 W a distance of 180.00 feet; Hience N89143'32"E a distance of
250.00 feet;thence NOV 13'32"E a distance of 180.00 feel to a point on the said north
line of Section 19;thence on last said north line 589°43'32'W a distance of 250.00 feet
to the Point of Beginning.
The abovedescriibed parcel contains 4d,998 Square Faol, mre or less-
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Annexation&Zoning
Revise the Exhibit map in Section VIII.,Exhibit A to accurately represent the acreage
of the annexation boundary 15 days prior to City Council adopting the ordinance.
Hearing.
A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the date of City Council approval of the Findings
of Fact, Conclusions of Law and Decision&Order for the Annexation request. The DA shall,
at minimum, incorporate the following provisions:
a. The existing structure shall connect to City water and sewer service within 60 days of
annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8.
b. Future development of this site shall be generally consistent with the site plan, landscape
plan and conceptual building elevations included in Section VIII and the provisions
contained herein.
c. Future uses on the site are limited to a nursing or residential care facility, other uses are
not allowed.
d. Remove both of the existing U-Shape accesses to Overland Road for this site as required
by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties
to the east and west when/if they redevelop with a non-residential use in the future to
reduce access points and submit a copy of the recorded easement to the Planning Division
with the future Certificate of Zoning Compliance.
2. Conditional Use Permit
2.1 Compliance with the standards listed in UDC 11-4-3-29—Nursing or Residential care
facilities,is required.
2.2 Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
district is required.
2.3 The site/landscape plan shall be revised as follows:
a. Remove both of the existing U-Shape accesses to Overland Road for this site as required
by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties
to the east and west when/if they redevelop with a non-residential use in the future to
reduce access points and submit a copy of the recorded easement to the Planning Division
with the future Certificate of Zoning Compliance.
b. All sidewalks to and around the building shall be a minimum of 5-feet in width per 1I-
3A-17A.
c. Either depict wheel stops in the parking spaces on the northeast side of the building
abutting the 5-foot wide section of sidewalk to prevent vehicle overhang or widen the
sidewalk to 7 feet to accommodate vehicle overhang as set forth in UDC 11-3C-5B.4.If
7-foot wide sidewalks are provided to accommodate overhang, the length of the parking
spaces may be reduced to 17 feet if desired.
d. Include evergreen trees within the perimeter buffers to residential uses as set forth in
UDC 11-3B-9C.1 a.
e. The Applicant shall install additional landscaping within the 25-foot buffer in place of
both of the existing driveways to be removed.
£ Apply for Alternative Compliance with the concurrent CZC application to reduce the 25-
foot landscape buffer along Overland Road,due to the facilities encroaching within the
buffer to the west,and to provide access to the existing garage,in accordance with UDC 11-
3B-5.
g. Replace the existing U-shape accesses on Overland Road with 7-foot wide attached
concrete sidewalks to tie into the existing improvements on either side.
h. Construct a 5-foot wide pedestrian walkway from the perimeter sidewalk to the main
building entrance;where pedestrian walkways cross vehicular driving surfaces,they're
required to be distinguished from the vehicular driving surface through the use of pavers,
colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4.
i. Depict the interior side and rear setbacks on plans submitted with the future CZC
application to ensure compliance with the dimension standards for the R-8 zoning
district.
j. Install a 20-foot wide landscape buffer along the south boundary in accordance with the
standards set forth in UDC 11-313-9C; except in the location where the existing garage
will remain.
k. A detail of the bicycle rack should be included on the plans submitted with the future
CZC application.
1. Install fencing around the area where patients will access outdoors in accordance with
UDC 11-3A-7 and UDC 11-4-3-29.
m. Existing trees retained on the site shall be preserved and protected as outlined in UDC
11-3B-10.
2.4 The Applicant shall provide a letter of acceptance from the Meridian Greens Homeowner's
Association confirming the agreement regarding the use of irrigation water to meet the needs
of both the homeowner's association and the Applicant prior to issuance of CZC.
2.5 A Certificate of Zoning Compliance application shall be submitted for the proposed use and
site improvements that comply with all UDC conditions and the provisions contained herein.
2.6 A Design Review application shall be submitted for the proposed addition to the existing
structure that demonstrates compliance with the design standards listed in the Architectural
Standards Manual.New construction must share at least three similar accent materials, field
materials, or other architectural feature of a building within 150-feet of the property(ASM
Goal 1.213).
2.7 The conditional use permit is valid for a maximum period of two(2)years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval,and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be
requested asset forth in UDC 11-5B-6F.
B. PUBLIC WORKS DEPARTMENT
https://weblink.meridianciN.oLvlWebLinkIDocView.aspx?id=348143&dbid=0&repo=MeridianC
Lty
C. KUNA SCHOOL DISTRICT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=348150&dbid=0&repo=MeridianC
hty
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
No comments received.
E. IDAHO TRANSPORTATION DEPARTMENT(ITD)
hgps://weblink.meridiancity.oLv WebLink/DocView.aspx?id=348840&dbid=0&repo=MeridianC
iv
F. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.oLv WebLink/DocView.aspx?id=350386&dbid=0&repo=MeridianC
iv
X. FINDINGS
A. Annexation (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds the Applicant's request to annex the subject property with an R-8 zoning
district for a nursing or residential care facility is consistent with the Comprehensive Plan as
noted in Section V.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the map amendment and associated development is consistent with the
regulations outlined for the district and the purpose statement of the residential districts in
that it provides for the service needs of the community.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed use should be compatible with adjacent existing
residential uses in the vicinity.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
Council finds City water and sewer service is available to be extended to this development.
The provision of a nursing or residential care facility in this area will assist in providing for
the needs of the community in this area of the City.
5. The annexation(as applicable)is in the best interest of city.
Commission finds the proposed annexation is in the best interest of the city.
B. Conditional Use (UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Council finds the site is large enough to accommodate the proposed use and meets all
dimensional and development regulations of the R-8 zoning district including the buffers to
residential uses along the west, east, and south boundaries of the site.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Council finds the proposed use will be harmonious with the Comprehensive Plan and in
accord with UDC standards.
3. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
Council finds the design, construction, operation and maintenance of the proposed use
should be compatible with adjacent residential uses and with the existing and intended
character of the vicinity and will not adversely change the essential character of the area if
the Applicant complies with the conditions in Section IX.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Council finds the proposed use will not adversely affect other properties in the vicinity if it
complies with the conditions in Section IX of this report.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools,parks,police and fire protection, drainage structures,
refuse disposal,water,and sewer.
Council finds the proposed use will be served by essential public facilities and services as
required.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Council finds the proposed use will not create additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
Council finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
8. 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. (Ord. 05-1170, 8-30-2005,eff. 9-15-
2005)
Council finds the proposed use will not result in the destruction, loss or damage of any such
features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
This finding is not applicable.