HomeMy WebLinkAboutTrinity Assisted Living RZ-08-001 CUP-08-005CITY OF MERIDIAN E~ IDIAN~`
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND I; D A H O
DECISION & ORDER
In the Matter of rezoning 0.32 acres from R-4 (Low Density Residential) to O-T (Old
Town) zoning district; and conditional use permit to operate a 24 hour Nursing Care
Facility in a proposed O-T zoning district with conditional use permit approval to
construct a 2,100 square foot addition to the existing residence that does not meet all of the
criteria listed in the Downtown Meridian Design Guidelines for Trinity Assisted Living, by
E'sha Ricky
Case No(s). RZ-08-001 and CUP-08-005
For the City Council Hearing Date of; June 17, 2008 (Findings on the July 1, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 17, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 17, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 17,
2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 17, 2008 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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. 02-3$2 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-001 and CUP-08-005
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The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
1 i-SA.
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval all
in the attached Staff Report for the hearing date of June 17, 2008 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The Applicant's Rezone request, as evidenced by having submitted the .legal
description and exhibit map, stamped and dated March 6, 2008, by Walter L. Neitz,
PLS, is hereby conditionally approved;
2. The applicant's Site/Landscape Plan as evidenced by having submitted the
Site/Landscape Plan dated December 6, 2007 is hereby conditionally approved;
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 17, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the coriditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months 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 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-001 and CUP-08-005
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event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and rnust be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
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 rnay 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. Attached: Staff Report for the hearing date of June 17, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-001 and CUP-08-005
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By aet' n o the City Council at its regular meeting held on the /`s~ day of
, 2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED~
COUNCIL MEMBER JOE BORTON VOTED (, ~..
lJ
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED~G~-
~
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Attest: ,~•~ '~'t •~ 'y,~~
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Jaycee H an, City Clerk-_ y ~ ;
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Copy served upon Applicant, T~f9~<~~~~~ ~~~rtment, Public Works Departrnent and City
~~~~~~~~~~~.~~
Attorney. .
By' Dated: ~-~ ' ~ ~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-001 and CUP-08-005
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
STAFF REPORT Hearing Date: June 17, 2008
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Trinity Assisted Living
• R~08-001
~ ~ E IDIAN~--
- IDAHO -
Rezone 0.32 acres from R-4 (low Density Residential) to O-T (Old Town)
zoning district, by Elisha Ricky
• CUP-08-005
Conditional Use Pernut to operate a 24 hour Nursing Care Facility in a
proposed O-T zoning district and conditional use approval to construct a 2,100
square foot addition to the existing residence that does not meet all of the
criteria listed in the Downtown Meridian Design Guidelines, by Elisha Ricky.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Elisha Ricky, is requesting a Rezone (RZ) of 0.32 acres from R-4 (Low-Density
Residential) to O-T (Old Town) zoning district. Concurrently, the applicant is also requesting
Conditional Use Permit (CUP) approval for two UDC requirements: 1) to operate a 24 hour nursing
care facility and 2) construct a new 2,100 square foot addition to the existing residence that does not
meet the Downtown Meridian Design Guidelines. Per UDC 11-2D-4D, all new construction and
exterior rnodifications in the Old Town district shal~l be subject to administrative design review. The
criteria for design review are set forth in the document, Downtown Meridian Design Guidelines
(DMDG). Per UDC 11-2D-4D.3, any applications in Old Town that do not meet the criteria in the
DMDG shall be subject to a Conditional use Pernut (CUP). A CUP is required for the subject project
because the proposed building addition and site layout does not meet all of the criteria listed in the
Downtown Meridian Design Guidelines.
The existing building is currently operating as an 8 person residential care facility and the owner is
proposing to expand her business to operate as a 16 patient nursing care facility. Nursing Care
Facilities are a prohibited use in the R-4 zoning district. Therefore the applicant is requesting O-T
zoning which requires CUP approval and strict adherence to the specific use standards in UDC 11-4-
3-29.
The subject site is located at 1353 W. 15` Street in Section 12, T3N R1W., and B.M. The subject
property is within the corporate boundaries of the city.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested RZ and CUP application below. Staff
recommends approval of R~08-001 and CUP-08-005 for Trinity Assisted Living, as presented
in the Staff Report for the hearing date of May 15, 2008, based on the Findings of Fact as listed
in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Plannin~ & Zflning
Commission heard these items on May ls` and Mav 15. 2008. At the public hearin~ the
Commission moved to recommend approval of the subiect RZ and CUP request.
a. Summarv of Commission Public HearinE:
i. In favor: Dou~ McCleerv, Hilda McCleerv. John Cole, Mike Smith, Daythun Cole
ii. In opposition: Gavle Wilde
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJNE 17, 2008
iu. Commentin~: None ~
iv. Written testimony: See below
v. Staff presentin~ application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Di"scussion by Commission:
i. The parking stalls located in front of the site.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstandin~ Issue(s) for City Council:
i. Staff received.a letter dated Apri130, 2008 from a Ms. Dianna Stacev explainin~ her
reasons for denial of the proiect. Staff did not receive the letter unNl after the Mav 15
hearing. A copv of the letter has been forwarded to the Clerk and placed in the file.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers RZ-08-
OOland CUP-08-005, as presented in the staff report for the hearing date of 7une 17, 2008, with the
following modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, AppTicant, and public testimony, I move to deny File Numbers RZ-08-001
and CUP-08-005, as presented during the hearing on June 17, 2008, for the following reasons: (you
rnust state specific reasons for denial and what the applicant could do to obtain your approval in the
€uture).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Nurnbers RZ-08-
001 and CUP-08-005 :to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1353 West ls~ Street (Parcel #R9453000135)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
Section 12, Township 3 North, Range 1 West.
b. ApplicandOwner:
Elisha Ricky
1353 West ls` Street
Meridian, ID 83642
c. Representative:
Doug McCleery, Chesapeake Construction
14469 Big Horn Drive
Nampa, ID 83651
d. Present Zoning District: R-4 (Low Density Residential)
e. Present Comprehensive Plan Designation: Old Town .
£ Description of Applicant's Request: The Applicant is requesting to rezone the property from R-4
(Low Density Residential) to O-T (Old Town) zoning district and concurrently requesting
Conditional Use Pernut (CUP) approval to operate a 24 hour nursing care facility and construct a
new 2,100 square foot addition to the existing residence that does not comply with the Downtown
Meridian Design Guidelines.
g. Description of Applicant's Justification for RZ and CUP Approval: "The building is currently a
residential assisted care facility consisting of seven beds. We are proposing to add 2,100 square
feet to the existing building for an additional five bedrooms and nine beds. Since there is
inadequate room for parking in the rear, we asked the building be rezoned to Old Town and
provide parking in the front with eight parking stalls and fencing as shown on the site drawing.
We feel that rezoning to Old Town would be consistent with the current use and look of the
building, while providing the opportunity for the property owner to expand and provide a much
needed service in the area." See the applicant's narrative submitted with the CUP application and
Section 10, Analysis, below for more information.
5. PROCESS FACTS
a. The subj ect application will, in fact, constitute a rezone as detetnuned by City Ordinance. By
reason of the provisions of UDC 11-2A-2D, a public hearing is required before the Commission
and the City Council on this matter.
b. The subject application will, in fact, constitute a conditional use as deternuned by City Ordinance.
By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public
hearing is required before the Cornmission and City Council on this matter.
c. Newspaper notifications published on: April 14, and 28, 2008 Plaruung and Zoning Comrnission;
Mav 26, 2008 and June 9, 2008 City Council
d. Radius notices mailed to properties within 300 feet on: April 4, 2008 Planning and Zoning
Commission; Mav 23.2008 City Council
e. Applicant posted notice on site by: April 21, 2008 Planning and Zoning Commission; June 7,
2008 City Council
6. LAND USE
' a. Existing Land Use(s): A single-family residence being used for an eight bed/person residential
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 17, 2008
care facility. -
b. Description of Character of Surrounding Area: This area is prirnarily single family homes and
maintains a residential character.
c. Adjacent Land Use and Zoning
~ 1. North: Single Family Residence; zoned R-4
2. East: Single Family Residence; zoned R-4
3. South: Single Family Residence; zoned R-4
4. West: Single Family Residence; zoned R-4
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: 8 inch service line on the west side of the property.
Location of water: N.W. ls` Street.
Issues or concems: The applicant will need to upsize the eatisting water service line
to accommodate for higher water demand due to adding additional occupants.
2: Vegetation: There are some existing trees on the subject properties that should either be
preserved or mitigated for in accordance with UDC 11-3B-1OC5. See Analysis, Section 10
for more information.
3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: No hazards are known to exist on the site
6. Existing Zoning: R-4 (Low Density Residential)
7. Lot Size: 0.26 of an acre
f. Conditional Use Information:
1. Non-residential square footage: 2,100 square feet addition and 2,200 square feet of existing
structure.
2. Hours of Operation: 24 hours a day
3. Request to establish a Nursing Care Facility for 16 patients on the site.
g. Off-Street Parking: 0.5 per dwelling unit.
1. Parking spaces required: 8
2. Parking spaces provided: 8
h. Landscaping
1. Width of street buffer(s): NA (street buffers are not required in the O-T district)
2. Width of buffer(s) between land uses: NA (buffers between land uses are not required in the
O-T district)
3. Other landscaping standards: See 11-3~B-8, Parking Lot Landscaping, for internal parking lot
landscaping requirernents.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
i. Required dimensional standards for the O-T zone, per UDC 11-2D-4:
- Maximum building height: 75'
- Minimum number of stories for new construction: 2
- All new construction and exterior modifications shall be subject to administrative design
review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines
(DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines
shall be subject to a CUP.
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
site is proposed from W. 1 st Street.
7. COMMENTS MEETING
On April 11, 2008, a joint agency and departments rneeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company.
Staff has included comments, conditions, and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town."
Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and
the true comrnunity center. Uses would include offices, retail and lodging, theatres, restaurants, and
service retail for surrounding residents and visitors. A variety of residential uses could include reuse
of existing buildings for residential uses, new construction of multi-farnily residential over ground
floor retail or office uses. In order to provide and accommodate preservation of the historical
character, specific design requirements may be imposed. Pedestrian amenities would be emphasized.
Public investment to ensure that Old Town becomes a centralized activity center with public, cultaral,
and recreational structures would be encouraged. The boundary of the Old Town district
predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street
were incorporated into the boundary to encourage similar uses and complimentary design of the
facing houses and buildings." Staff finds that the proposed use of the property as a Nursing Care
Facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and
objectives set forth therein.
Staff finds the following Cornprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italicsj:
• Chapter V, Goal III, Objective D, Action 3(page 43) - Require all new parking lots to
provide landscaping in internal islands.
The site plan depicts internal parking lot landscaping on the site in compliance with the
standards listed in UDC 11-38-8.
• Chapter VII, Goal N, Objective D, Action 2(page 114) - Restrict curb cuts and access points
on collectors and arterial streets.
This site is not proposing access to an arterial. Access to the site is proposed from W. Ist
Street, a local road.
• Chapter N, Goal I, Objective A, Action 6(page 26) - Pernut new residential, commercial, or
industrial developments only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJNE 17, 2008
The subject property lies within the boundaries of the City of Meridian and is provided with
City services.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
Goal IV)
The applicant is currently operating as an 8 person residential care facility. To staff's
knowledge no complaints have been registered against the property or the owner. Staff
believes that the proposed use should be compatible with existing uses in the area.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. See Section 10 below pertaining to the subject CUP request pertaining
to compliance with the Downtown Meridian Design Guidelines. Staff recommends that the
Commission rely on any verbal or written testimony that may be provided at the public hearing
when determining if the applicant's request is appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the pernutted,
accessory, and conditional uses in the O-T zoning district. Nursing or Residential Care Facilities
are a conditional use in the O-T zoning district. Furthermore, the applicant cannot comply with all
of the criteria of the DMDG and requires CUP approval as well.
b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood
districts is to encourage mixed use, compact development that is sensitive to the environmental
characteristics of the land and facilitates the efficient use of services. Vertically integrated
. residential projects are encouraged in all traditional neighborhood districts. A traditional
neighborhood district diversifies and integrates land uses within close proximity to each other,
and it provides for the daily•recreational and shopping needs of the residents.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the RZ and
CLTP request as proposed, with the following comments:
REZONE: As mentioned earlier, the applicant is proposing a 2,100 square foot addition to the
existing single family home on the site to operate a 24 hour Nursing Care Facility. The total
square footage of the facility will be approximately 4,300 square feet. The applicant is requesting
a rezone of this property because the proposed Nursing Care Facility is a prohibited use in the
existing R-4 zoning district. The O-T zoning district allows Nursing Care Facilities as a
conditional use in accordance with UDC 11-2D-2. The Old Town zoning district aliows for a
diverse mix of uses within the comprehensive plan boundaries. Staff believes rezoning this
property to O-T is appropriate and contributes to the revitalization of the Old Town area.
Based on the policies and goals contained in the Comprehensive Plan and compliance with the
Unified Development Code for the O-T zone, Staff believes that the rezoning of this property to
O-T is in the best interest of the City. Please see Exhibit D for detailed analysis of the facts and
findings of the rezone.
The rezone legal description submitted with the application (prepared on March 6, 2008 by
Walter L. Neitz, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission
and City Council the authority to require a property owner to enter into a DA with the City of
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
Meridian that may require some written cornmitment for all future uses. Due to the small size of
the subject property and the Applicant's intent to improve the subject site, Staff believes
that a DA is not necessary in this instance. However, if the CorTUnission~or Council feels that a
DA is necessary to ensure that this property is developed in a fashion that is consistent with the
Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear
outline of the commitments of the developer being required.
CUP: The applicant is requesting CUP approval for two requirements of the UDC. UDC 11-2D-2
requires a CUP for Nursing Care Facilities in an O-T zone. In addition, all building
modifications/additions are subject to compliance with the Downtown Meridian Design
Guidelines and design review approval. If the proposed addition/modification does not comply
with the Guidelines, CiJP approval is required (UDC 11-2D-4D). Further, the proposed use shall
comply with the specific use standards of the UDC regarding Nursing or Residential Care
Facilities.
Specific Use Standards for Nursing or Residential Care FaciliNes per UDC 11-4-3-29:
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 proposing to house up to
16 patients on the site which will require a change of occupancy.
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. The applicant is
currently operating as an 8 patient care facility. The applicant should provide staff a copy
of the State License prior to issuance of a CZC for the site.
B. Additional standards for uses providing care to children and juveniles under the age of
eighteen (18) years: Not applicable.
1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') nonscalable
fence to secure against exidentry 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. Not applicable.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard. Not applicable.
3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not
be used after dusk. Not applicable.
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
minimurn height of six feet (6'), along the perimeter of any portion of the site that is
accessible to these patients shall be provided. The fencing material shall meet the
swimrning pool fence requirements of the building code in accord with title 10 of this code.
(Ord. OS-1170, 8-30-2005, ef£ 9-15-2005) The site is not currently housing dementia
patients. An existing 6 foot slatted chain link fence surrounds the perimeter of the site. The
applicant is proposing to replace the 6 foot chain link fence along the front of the property
with a 4 foot solid vinyl fence to enhance the front area of the property. At this time, the '
applicant is not proposing to house dementia patients; however Staff is recommending the
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF JUNE 17, 2008
applicant provide 6 foot vinyl fencing from the southeast and northeast corners of the
proposed new addition to meet this reguirement; so in the future if the applicant does
decide to house dementia patients the site will be in compliance with the UDC.
iJDC 11-2D-4D requires CUP approval for projects that do not comply with the Downtown
Meridian Design Guidelines. The applicant is proposing to construct a new 2,100 square foot
addition to the existing building on the subject property. All new construction and exterior
modifications in the O-T district are subject to administrative design review in accordance with
the standards listed in the Downtown Meridian Design Guidelines (DMDG). Because the
applicant is unable to comply with all of the Downtown Meridian Design Guidelines (DMDG) in
the O-T zoning district, a CUP is required.
Dimensional Standards: Currently, the only development standards in the 0-T district are as
foliows: (Staff's comments are in italics)
- Maximum building height: 75' (The proposed addition does not exceed the maximum
height requirement.)
- Minimum number of stories for new construction: 2(The applicant is proposing a one
story addition to be compatible with the existing building on the site.)
- All new construction and exterior modifications shall be subject to administrative design
review in accordance with the criteria set forth in the Downtown Meridian Design
Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the
design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the
design guidelines, thus the reason for the CUP request. See below for the specific items
that the applicant cannot comply with.)
Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for
mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned
property is subject to the standards. Below is a list of the design guidelines applicable to this site:
(Staff's comments in italics)
1. Setbacks: All new buildings must have first floor facades built to the public right-of-way
at the street sides and to interior lot lines (exceptions may be considered at interior lot
lines for pedestrian paths and existing adjacent buildings with windows, and for civic and
community buildings and pubic spaces). The applicant is proposing to match the existing
structure on the site. Currently the existing structure is located 10 feet from the rear
property line and the new addition is showing approximately 44 feet from the front
property line. In order to accommodate the parking requirements for the site, the
applicant has to maintain a front setback to meet the dimensional standards of the
parking stalls in accordance with UDC 11-3GS.AlI of the other structures in this area
also have similar setbacks.
2. Building Orientation: All developments in the Downtown District shall be oriented to
the street. The requirement is met when:
a. Buildings have their primary entrance oriented toward the street. The buildings
primary entrance is located on the north side of the building facing a court yard area
for the residents of the building, which does not comply with this requirement.
Because the applicant may house dementia patients; staff believes that not having the
primary entrance be oriented toward the street is warranted.
b. Second story uses, not associated with the ground floor use, must have their primary
entrances on the street side; a secondary entrance/exit may be located on the rear.
There is only one primary use proposed for the site.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
c. Off-street parking, driveways, and other vehicular circulation shall not be placed
between the building and the street. The off-street parking for this site is proposed at
the front of the building, which does not comply with this requirement. Furthermore,
there is not an alley behind the subject site to accommodate parking in the rear.
d. Service areas for new buildings will be located at the rear including loading,
recycling, garbage, meters, mechanical equipment, etc. Service areas will be screened
from view to the height of the equipment with decorative walls compatible with the
building fa~ade if visible from the street. The applicant is proposing the trash
enclosure be in front of the site as depicted on the site/landscape plan, which does
not comply with this requirement. After speaking with the applicant, Staff was
informed SSC is requiring metal dumpster for the site. Staff believes it would not be
feasible to relocate the trash enclosure to meet SSC requirements. Screening the said
enclosure should be in accordance with UDC I1-3A-12.A site plan stamped
"approved" by SSC should be submitted with the CZC application for this site.
e. Rooftop mechanical equipment must be screened to the height of the equipment with
allowable exterior materials. Per the applicant, no rooftop mechanical equipment is
proposed.
3. Building Height and Form: All development in the Downtown District shall meet the
following limits of height and form:
a. Height:
i. Minimum height at street-side fa~ade: 2 stories/40 feet
ii. Maximum height at street-side fa~ade: 3 stories/60 feet
iii. Maximum height at 10 feet behind street-side fa~ade: 4 stories/75 feet
The building is proposed to be a single-story building to match the existing building
on the site, which does not comply with the minimum and maximum height
requirements. Staff believes that single story addition would be more appropriate
with the surrounding residential structures in the area.
b. Form:
i. Street-side facades musY include a parapet whether a flat roof or pitched roof is
used. The roof of the proposed structure does not have a parapet; the building
is proposed to have a pitched roof only, which does not comply with this
requirement. Staff is not recommending that the applicant be required to
provide a parapet on the proposed structure because the addition is keeping
with the existing building and the surrounding structures in the neighborhood.
ii. Facades stepped back 10 feet or more may have a shaped roof profile without a
parapet, but must not exceed height limit. Not applicable.
iii. Form may include corner elements at street intersections only, such as towers,
projecting bays, etc. but must not exceed height limit. Not applicable.
iv. Ground level building corners, on corner lots only, may be chamfered a
distance of 10 feet maximum from the corner property line for corner entries.
Not applicable.
v. Balconies and bay windows may project beyond the fa~ade up to 6 feet if at
least 15 feet above ground. There are no balconies or bay windows proposed
with the submitted elevations.
Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 9
. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLTNE 17, 2008
4. Fagade Treatment, Entrances, Roofs: All developrnents in the Downtown District wili
meet the following requirements for fagade treatments:
a. First floor street facing facades: Facades must contain no less than 50% glass.
Storefronts must follow the proportioning system (All first floor street-facing facades
must be constructed such that storefronts can be added to allow flexibility of use over
time.) Glass must be clear with no tinting or reflectivity. ~ Window frames must be
recessed from the face of the finished wall a minimum of 4 inches. Non-glass
materials may be one or a combination of the following materials: stone or brick
masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may
be used within the storefront if detailed in a historical'ly compatible manner. Active
doors are recommended approxirnately every 25 feet or as close as feasible for the
, project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet
above the ground is encouraged, especially if matching an adjacent building.) The
elevations facing W. 1S` Street depict [ess thdn SO% glass, which does not comply
with this requirement. Masonite siding is proposed on the wall surfaces, which
does not comply with this requirement. The building is proposed as a Nursing Care
Facility; thus, additional storefronts and doors are not planned to be added in the
future. However, Staff believes the applicant could dress up the street facing fa~ade
to include materials referenced in the design guidelines. Staff is recommending the
applicant incorporate larger windows (3X3) and a add brick or stone accents along
the entire east fa~ade of the building.
b. Street-facing facades above first floor: Street-facing facades above the first floor shall
have no less fihan 20% glass. Windows shall be vertical in proportion and frames
recessed from the face of the finished wall be a minimum of 4 inches. Acceptable
wal~l materials include stone or brick masonry, tile, and stucco (concrete masonry is
prohibited). The applicant is not proposing a two-story building on the site; therefore
this requirement is not applicable.
c. Screening: On grade screen walls shall be constructed of materials similar to those of
the building fa~ade if visible from the street. Roof-top screening materials shall be
compatible with building fa~ade materials. No rooftop mechanical equipment is
proposed.
d. Parapets: Pazapets are required and must have a shaped cap of no less than 6 inches
vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets
may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet
length. Parapets are not proposed on the building and Staff is not recommending that
they be provided.
e. Projecting cornices: Projecting cornices, if used, must be consistent or compatible
with historic structures of the turn of the 20"' century. Cornices are not proposed and
are not required.
f. Awnings: Retractable fabric awnings or permanent canopies for sun protection and
the creation of protected sidewalk space are encouraged. Temporary and permanent
awnings of plastic fabric are not allowed. Awnings are not proposed and are not
required.
5. Mid-Block Pedestrian Pathways: All developments in the Downtown District will meet
the following requirements for mid-block pedestrian pathways, if those pathways are
deerned necessary by the applicant/owner. A mid-block pedestrian pathway is~ not
Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
proposed by the applicant. Staff does not believe that one is necessary or feasible in this
area because of the existing residential neighborhoocl and zoning in the area.
6. Streetscape Design: Note: Streetscape Designs in the Downtown District are in the
process of being developed in conjunction with Ada County Highway District. Until
specific new streetscape standards are developed, streets and sidewalks shall be built to
be compatible with streetscape improvement built in 1991-1993, and as specified by
ACHD, Not Applicable.
7. Landscaping: Until specific new streetscape standards are developed, streets and
sidewalks shall be built to be compatible with streetscape improvement built in 1991-
1993, and as specified by ACHD. Because of the location of this site, streetscape
standards are not applicable. However, the applicant is required to comply with the
parking lot landscaping requirements of the UDC.
8. Parking: No off-street parking is required. If off-street parking is provided, the applicant
shall provide accessible spaces as per federal accessiliility standards and the standards for
parking stall size in UDC Table 11-3G5. Off-street parking is allowed only at the rear of
buildings not visible from streets and in parking structures. Off-street parking is not
feasible for this site because of the location of the existing structure and there is no alley
way at the rear of the site. However, the applicant is proposing parking in front of the
building and complies with the dimensional standards in UDC 11-3C-S.
Building Elevations: Building elevations for the proposed building were submitted with this
application, prepared by Roger Gamble, dated 12/6/07, labeled as Sheet A2, and are included in
Exhibit A. Exterior materials aze proposed to be masonite siding and architectural shingles to
match the existing structure on the site. Because the submitted elevations do not comply with a
majority of the Downtown Meridian Guidelines, the project is subject to CUP approval.
Staff believes the applicant should add additional architectural features to the east facing
elevations. Staff is recommending increasing the three window sizes to a 3 x 3 and adding a
brick or stone accents along the entire east fagade of the building. If these changes are
made, staff is generally supportive of the building elevations.
Access: The site fronts on W. 1 S` Street with the associated parking for the site located in front of
the building as well. Staff has concerns with the parking located in front of the site because
visitors of the facility will have to back out across a public sidewalk onto a public street.
However, staff believes the traffic generated and the amount of visitors to the site should be very
limited based on the proposed use. Staff is recommending the applicant post signage on the
site cautioning visitors to watch for pedestrians as they back out of the parking stalls onto
15` Street. Said signage should be placed in front of the parking stalls adjacent to the 4-foot
vinyl fence.
Parking: There are no parking requirements for the Old Town district. However, UDC 11-3C-6
requires 0.5 spaces per dwelling unit for nursing or residential care facilities. The site is expected
to expand from 8 patients to 16 patients thus requiring a minimum of 8 on site parking stalls. The
submitted site plan shows the required 8 parking stalls dimensioned in accordance with UDC 11-
3C-5. In addition, a bicycle rack is required to be installed on the site that is capable of
holding a minimum of 1 bicycle and should comply with the standards listed in UDC 11-3C-
SC.
Landscaping: As mentioned earlier, there are no landscape buffer requirements for the Old Town
District. However, the applicant is proposing to expand the structure and irnprove the parking lot
Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
for the site. Revisions to the site/landscape plan are discussed below and conditioned in Exhibit
B.
Site/Landscape Plaa: Staff has reviewed the site/landscape plan, prepared by Roger Gamble
Associates, dated 12/06/07, labeled as Sheet AA, submitted with this application. The following
items should to be shown on a revised site plan submitted with the Certificate of Zoning
Compliance application:
There is mature landscaping on the site that should remain and be protected during
construction. Any existing on-site tree over 4" in caliper that is removed from the
property shall be replaced by instal'ling additional trees, being the equivalent number of
caliper inches of those removed. Required landscaping trees will not be considered as
replacement trees for those that are removed. The Applicant should coordinate a
mitigation and protection plan with Elroy Huff at the Meridian Parks Department.
This should be included on an updated landscape p[an submitted with the CZC
application.
Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be
planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover.
The two planters adjacent to the parking stalls are in compliance with the dimensional
standards; however perma bark does not satisfy the landscaping requirements. Staff is
recommending the app[icant provide [awn or additiona[ shrub plantings touching at 70
percent of maturity in said buffers.
Per iJDC 11-3B-SH the use of permabark as the only groundcover is prohibited. The
submitted site/landscape plan shows permabark to be used along the east and north sides
of the building. The applicant is proposing trees and shrubs along the east side of the site
however 7 shrubs are proposed along the foundation of the 2,100 square foot addition.
Staff is recommending the following requirements: four additional trees and
additional p[antings touching at 70 percent oJ maturity or plant 4 additional trees and
replace the permabark along the northern boundary with lawn. Furthermore, staff
believes additional trees (1 every 35 linear feet) should be planted along the west and
south to provide additional screening for the residents along those boundaries. If these
changes are made, staff is supportive of the landscaping proposed for the site.
Hours of Operation: The applicant is proposing a 24 hour nursing care facility on this site. Staff
is supportive of the 24 hour use for the site.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the
Planning Department for approval prior to issuance of bui~lding pernuts for the proposed building
on this site. The applicant should submit revised plans that comply with the conditions of
approval listed in Exhibit B of this staff report, with the CZC application. All improvements
must be installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval of R~08-001 and CUP-08-005 for
Trinity Assisted Living, as presented in the Staff Report for the hearing date of May 15,
2008, based on the Findings of Fact as listed in Exhibit D and subject to the condiNons listed
in Exhibit B. The Meridian Plannin~ & Zoning Commission heard these items on May ls`
and Mav 15, 2008. At the public hearin~ the Commission moved to recommend approval of
Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
the subiect RZ and CUP request. The Meridian Ci~,y Council heard these items on June 17.
008. At the nublic hearin~ the Council annroved the subiect RZ and CUP reauest
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site/Landscape Plan (prepared by Roger Garnble, dated 12/06/07, labeled Sheet AA)
3. Floor Plan for the Addition
4. Building Elevations (prepared by Roger Gamble, dated 12/06/07, labeled Sheet A2)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
C. Legal Description and Exhibit Map
D. Required Findings from the Unified Development Code
Trinity Assisted Living RZ-08-001 and CUP-08-005 Page 13
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLTNE 17, 2008
A. Drawings
1. Vicinity Map
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 17, 2008
2. Site/Landscape Plan
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJNE 17, 2008
3. Floor Plan for the Addition
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Exhibit A Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
3. Building Elevations
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E~chibit A Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAF`F REPORT FOR THE HEARING DATE OF JUNE 17, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONB COMMENTS/PROVISIONS
1.1.1 The rezone legal description submitted with the application (prepared on March 6, 2008, by
Walter L. Neitz, PLS) is approved.
1.12 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of pernut submittal.
1.2 CONDITONAL USE PERMIT
1.2.1 The site/landscape plan, prepared by Roger Gamble, dated 12/6/07, is approved with the
following modifications:
• Place "Caution Pedestrian" signs in front of the parking stalls adjacent to or on the 4-foot
vinyl fence.
• The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the
Meridian Parks Department. This plan shall be included on an updated landscape plan
submitted with the CZC application.
Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and
shall not be less than 5 feet in any dimension, measure inside curbs. Said planters shall be
planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover.
The two planters adjacent to the parking stalls are in compliance with the dimensional
standards; however perma bark does not satisfy the landscaping requirements. The
applicant shall provide lawn or additional shrub plantings touching at 70 percent of
maturity in said planters.
Per UDC 11-3B-5H the use of permabark as the only groundcover is prohibited. The
submitted site/landscape plan shows permabark to be used along the east and north sides
of the building. The applicant is proposing trees and shrubs along the east side of the site
however 7 shrubs are proposed along the foundation of the 2,100 square foot addition.
The applicant shall meet the following requirements: provide four additional trees and
additional plantings touching at 70 percent of maturity or plant 4 additional trees and
replace the perrnabark along the northern boundary with lawn or other vegetative
material. In addition, the applicant shall plant additional trees (1 every 35 linear feet)
along the west and south sides of the property to provide additional screening for the
residents along those boundaries.
• Provide 8 parking stalls on the site as proposed.
Provide a bicycle parking rack on the site in compliance with the standards listed in UDC
11-3GSC.
• Provide 6-foot vinyl fencing at the southeast and northeast corners of the new addition
and connecting to the existing 6-foot slatted chain link fence.
1.2.2 The building elevations, prepared by Roger Gamble, dated 12/6/07, are approved with the
following rnodifications:
• In lieu of full compliance with the Downtown Meridian Design Guidelines, the applicant
shall modify the street facing farade to include materials referenced in the design
Exhibit B Page 1
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJNE 17, 20U8
guidelines. The applicant shall incorporate larger windows (3X3) and add brick or stone
accents along the entire east fa~ade of the building.
1.2.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to issuance of building pernuts for the
proposed building.
1.2.4 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.2.5 No new signs are approved with this CUP application. All business signs require a separate sign
pernut in compliance with the sign ordinance (LIDC 11-3D).
1.2.6 The Applicant shall have a maximum of 18 months to commence the use as pernutted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use pernut must be obtained prior to operation.
1.2.7 The Nursing Care Facility may operate as a 24 hour care facility, as proposed.
12.8 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29.
1.2.9 The applicant shall submit a copy of the Health and Welfare License with CZC submittal.
1.2.10 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the
Certificate of Zoning Compliance application.
1.2.11 The applicant shall apply for change of occupancy in accordance with UDC 11-4-3-29.
2. PUBLIC WORKS DEPARTMENT
2.1 Applicant shall be required to pay any Public Works development plan review, and construction
inspection fees, as deternuned during the plan review process.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.3 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.4 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.5 There shall be a fire hydrant within 100' of all fire department connections.
3.6 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
rneasured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
Exhibit B . Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JLJNE 17, 2008
with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.7 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.8 Provide exterior egress lighting as required by the International Building & Fire Codes.
3_9 The applicant shall comply with the IBC and IFC requirernents of the I-2 occupancy classification.
3.10 The building on the site shall require a NFP 13R or 13D sprinkler system and fire alarm system.
3.11 The applicant shall comply with the State of Idaho's Health and Welfare requirements regarding
Nursing Care Facilities.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: 'I'he standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
6. SANITARY SERVICES COMPANY
6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. There is a concern that the required rnodifications may significantly irnpact your
site design and may require a revised site plan. If the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR]NG DATE OF JUNE 17, 2008
C. Legal Description and E~chibit Map
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L~GAL DESCRIPTION
F.OR
DOUG Iv1cCLEARY
CHESA:PEAKE GONSTRUCTION
REZONING FROM:RESIDENTIAL TO QLD TOWN
"The following describes a paccel of reaT propecty for ~he purpose of axezone, situate
witk~in the Norfbeast Quarter. of the 1Vortheast Quarter Section 12, To~~nship 3 I~~orfh;
Range 1 West, Boise Meridian, Ada County, Meridian~, Idaklo, Lot 8, Block ], Westem
Subdivision,:Book 24, Page 1498; Ada County Record's; and also the west 30.00 feet of a.
portion of West First'Street, being inoxe particularly described as follows:
BEGINNING at the Northwest camer of said Lot 8, thence, along the .Northerly
boundary..line of said Lot 8, North 89°49'35" East, 140.00 feet to the Northeast corner of
said Lot 8, also being the Westerly iight-of-way of West Fust Street;
Thence, d'eparting said Westerly right-of-way, continuing IVorth 89°49'35" East, 30:00
feet to the centerline of said West Fiist St~eet;
Thenee, along said cenferline, South, 00,°20'3U" East,.!83.00 feef;
Thenee, departing said centerline, South 89°49'35" West, 30.Q0 feet to the Southeast
comer of sa.'id I.ot 8, also being on said Westerly right-of-way of West First
Street;
'I`tience, along khe Soufherly boundary line of said Lot.8,'continuing South 89°49'35"
West, 140.00 feet to the •Southwest corner of said ]ot 8;.
'Thence, along the Westerly boundary line ofsaid Lot 8, Nortli 00°2Q'3'0" West, 53:00
feet, to the POINT QF BEGINNING, comprising U324 acres or 14,1A0 squaze
feei more or less.
SUBJECT°TO: All easements'or reservations appearing on the above-descr:ibed pazcel
of..real property.
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CITY OF M.ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
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Exhibit C
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
D. Require Findings in Accordance with the UDC
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the applicaNon. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
~ a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to rezone the subject property to O-T. The Council finds that the
proposed zoning map amendment compTies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that future development of this property will comply with the purpose
statement of the O-T zone, which encourages an appropriate mix of commercial and
residential uses.
c. The map amendmenf shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Council rely on any oral or written
testimony that may be provided when deternuning this finding.
d. 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,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
2. CUP Findings:
The Commission and Council shall base its determinaNon 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.
The existing site is large enough to accommodate the proposed use. However, the site and
proposed addition do not comply with all of the development regulations of the O-T zoning
district noted in the Downtown Meridian Design Guidelines (DMDG). For this reason, a CUP
is requested as required by UDC 11-2D-4D.3 for applications that do not rneet the criteria of
the DMDG. Furthermore, the O-T zoning district requires CUP approval for Nursing Care
Facilities in accordance with UDC 11-2D-2 and strict adherence to the specific use standards
in UDC 11-4-3-29. See analysis in Section IOfor more information.
Off-street parking is required at the ratio of 0.5 per dwelling unit. Eight off-street parking
stalls are required for this site based on the number of beds (16) provided for the residents of
the facility; eight are provided. The applicant complies with this requirement.
E~chibit D Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
Staff recommends the Council rely on Staffls analysis and any oral or written public
testimony provided when deternuning if this site is large enough to accommodate the
proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Council finds that the Comprehensive Plan Future Land Use Map designation for this
property is Old Town. If the subject property is rezoned to O-T, then the site should comply
with this designation. The proposed use is generally harmonious with the requirements of the
UDC (See Sections 8 and 10 above for more information regarding the requirements for this
use).
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.
The Council finds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, the Council
believes that the proposed use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Council finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area. The Council should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
5. That the proposed use will be served adequately by essenHal public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Council finds that the site will be adequately served by the previously mentioned public
faeilities and services.
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.
If approved, the Applicant will be financing any improvements required for developrnent.
The Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the comrnunity's economic welfare.
7. That the proposed use will not involve acdviNes 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.
The Council recognizes that traffic and noise is a concern; however, the Council does not
believe that the amount generated by the proposed new use of the property will be detrimental
to any persons, property, or the general welfare of the public. The Council does not anticipate
the proposed use will create excessive noise, smoke, fumes, glare, or odors.
Exhibit D Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008
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.
The Council finds that there should not be any health, safety or environmental problems
associated with the proposed use that sho.uld be brought to the Council's attention. The
Council fmds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Exhibit D Page 3