HomeMy WebLinkAboutMaxfield Subdivisionf
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CITY OF MERIDIAN '
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND. '
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DECISION & ORDER
. E IDIAN~~
IDAHO
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In the Matter of PreGminary Plat approval of 6 residential lots and 1 common lot in an R-8
zone on approximately 4.7 acres; Conditional Use Permit approval consisting of 5 Assisted
Living Buildings with 15 beds in an R-8 zone and Private street approval within the
proposed Maxfield Subdivision, by Cottage Investors, LLC.
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Case No(s). PP-08-004, CU.P-08-008 and P,S-08-003
For the City Council Hearing Date of: July 8, 2008 (Findings on the July 22, 2008 City
Council agenda) ;
A. Findings of Fact ~ ;
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1. Hearing Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated
by reference) I
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2. Process Facts (see attached Staff Report for the hearing date of July 8, 2008 incorporated
by reference) ~~
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3. Application and Property Facts (see ittached Staff Report for the hearing date of July 8,
2008 incorporated by reference) ~
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4. Required Findings pei the Unified Development Code (see attached Staff Report for the
hearing date of July 8, 2008 `incorporated by reference)
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B. Conclusions of Law ~' ;
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1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Cliapter 65, Title 67, Idaho Code (I.C. §67-6503).
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2. The Meridian City Council takes judi~cial 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 Arnended
Comprehensive Plari ~of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
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3. The conditions shall ~~ e reviewable by the City Council pursuant to Meridian City Code §
11-SA.
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CITY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-08-004, CUP-08-00$ and PS-08-003 ,
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4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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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 th ~ 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.
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7. That this approval is~ subject to the Site Plan, Landscape Plan, Building Elevations and
the Conditions of Approval all in the attached Staff Report for the hearing date of July 8,
2008, incorporated U'y reference. The conditions are concluded to be reasonable and the
applicant shall meet rsuch requirements as a condition of approval of the application.
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C. Decision and Order
~ '' rovided in Meridian Cit Code 11-SA and
Pursuant to the Crty Council s authonty as p y §
based upon the above aiid foregoing Findings of Fact which are herein adopted, it is hereby
ordered that: ~
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1. The applicant's P ~eliminary Plat as evidenced by having submitted the Preliminary Plat
dated March 27, 2008 is hereby conditionally approved; and,
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2. The Applicant's Conditional Use Permit request as evidenced by having subrnitted the
Site Plan (dated 3/27/08), Landscape Plan (dated 3/27/08), and Building Elevations
included in the attached Staff Report for the hearing date of July 8, 2008, 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 July 8, 2008 incorporated by reference.
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D. Notice of Applicable Ti~me Limits
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Notice of Preliminary Plat Duration
Please take notice~that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signahire on the final plat within two (2) years of the approval of the
prelirninary plat or~one (1) year of the combined preliminary and final plat or short plat.
In the event that th`e development of the prelirninary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if subrnitted within successive intervals of eighteen
(18) months, may~be considered for final approval without resubmission for
prelirninary plat approval. Upon written request and filed by the applicant prior to the
termination of theiperiod in accord with 11-6B-7.A, the Director may authorize a single
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-08-004, CUP-08-008 and PS-08-003
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extension of time to record the final plat not. to exceed eighteen (18) months. Additional
tirne extensions up+to eighteen (18) months as determined and approved by the City
Council may be ~anted. With all extensions, the Director or City Council may require
the preliminary plat; combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met '
and the applicant d`oes not receive a time extension, the property shall be required to go
through the platting procedure again. ~
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Notice of Eighteen (18) Month Conditional Use Permit Duration
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Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, th~'e 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 perrnanent 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, tlie eighteen (18) month deadline shall apply to the first phase. In the
event that the development is rnade in successive contiguous segments or multiple
phases, such phases shall b.e 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 writteri,request and filed by the applicant prior to the terrnination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commencelthe 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. f ~
E. Notice of Final Action~ and Right to Regulatory Takings Analysis
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1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use p~ermit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (2'8) 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 mav be fil'ed.
2. Please take notice~~hat this is a final action of the governing body of the City of
Meridian, pursuanf 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 useipermit 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 July 8, 2008
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-08-004, CUP-08-008 and PS-08-003
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By action of the City Council at its regular meeting held on the Z Z~ day of
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, 2008. ~
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COUNCIL MEMBER~'DAVID ZAREMBA VOTED~
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COUNCIL MEMBER~ JOE BORTON VOTED~
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COUNCIL MEMBER~ CHARLIE ROUNTREE VOTED
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COUNCIL MEMBER4'KEITH BIRD VOTED~
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MAYOR TAMMI' dei WEERD VOTED
(TIE BREAKER) ~
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~ Mayor Tamm de Weerd
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Attest: ' ; ~~~~~y ~ ~,9.j,~',~;
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7aycee Hol an, City Clerk j~ ; ~ ~ ;
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Copy served upon Applicant; The Planrii~g~~~~/,~ent~,l~Lblic Works Department and City
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Attorney.
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By: f Dated: ~ ~ 23 ~ ~ ~'
ity Clerk's Office ~ ~
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-08-004, CUP-08-008 and PS-08-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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STAFF REPORT Hear'uig Date: July 8, 2008
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TO: Ma o`r and Cit Council *
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FROM: Bill Pa~rsons, Associate City Planner ~ I D A H O
(208) 884-5533
SUBJECT: Maxfield
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• PP-08-004
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Prekiminary Plat approval of 6 residential lots and 1 common lot in an R-8
zorie on approximately 4.7 acres, by Cottage Investors, LLC.
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• CLTP-08-008
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Conditional Use Pernut approval consisting of 5 Assisted Living Buildings
with` 15 beds in an R-8 zone for the proposed Maxfield Subdivision, by
Cottage Investors, LLC.
• PS,-.~08-003
Pri~ ate street approval within the proposed Maxfield Developrnent.
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
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and as a
The Applicant, Cottage Iriyestors, LLC, is requesting preliminary plat (PP) approval of 6 residential
lots and 1 common lot on approximately 4.7 acres in an existing R-8 zone. Concurrently, the
appl'icant is requesting Conditional Use Permit (CiJP) approval to construct and operate an assisted
living development comprised of 5 individual facilities, each with the potential to house up to ~5 16
patients. In addition, the applicant is also requesting approval to construct a private street loop to
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provide access and circulation throughout the proposed development.
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In 2005, the City Council approved the annexation, a preliminary plat and a conditional use pernut for
the same use at the subject~site; however the applicant failed to submit a time extension application or
record the plat and establish the use on the site within the time limits of the UDC. The subject
development agreement a~ssociated with the annexation of the site requires CUP approval prior to
future developrnent in the R-8 zone. Furthermore, UDC 11-2A-2 also requires CUP approval to
operate a nursing or residential care facility within an R-8 zone, respectively.
At this tirne, the applicant;is now proposing the same project which will include the 1,850 square foot
single family home to remain on a separate lot and the construction of five 8,525 square-foot assisted
living buildings to develop~`in two phases. Amenities for the site include 2 gazebos, a walking path
and approximately 18 percent usable open space. Note: the difference between this submittal and the
previous submittal is the applicant was proposing a two lot preliminary plat and is now proposing
each building be on its own separate lot.
The subject property is loeated on the east side of Eagle Road and on the south side of Falcon Drive,
approximately 675 feet south of Victory Road, within Section 28, Township 3 North, Range 1 East.
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Maxfield PP-08-004, CUP-08-008 an~d PS-08-003 Page 1
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CITY OF MERI:DIAN PLANNI i G DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF JULY 8, 2008
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2. SUMMARY RECONIMENDATION
The subject applicatians (PP, CUP, & PS) were submitted to the Planning Department for concurrent
review. By City Ordinance, the Planning & Zoning Cominission makes a recommendation to the City
Council on the PP and CUP applications and the PS application is reviewed at the Staff level. Below,
Staff has provided a detailed analysis arid recommended conditions of approval for the requested
Preliminary Plat, Conditional Use Pernut and Private Street applications. Staff recommends approval of
PP-08-004, CUP-08-008, aud';PS-08-003 for Maxfield Subdivision, as presented in the Staff Report
for the hearing date of June 5, 2008, based on the Findings of Fact as listed in Exhibit C and subject
to the conditions listed in Exbibit B. The Meridian Planning & Zoning Commission heard these
items on June 5 2008. At theipublic hearing the Commission moved to recommend auproval of the
subiect PP and CUP request:
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a. Summary of Commis'sion Public Hearin~:
i. In favor: Garold Maxfield, Van Elg
ii. In opposition: None '
iu. Commentin~: None
iv. Written testimonv: None
v. Staff presentin~ application: Bill Parsons
vi. Other staff commenting on applicaNon: Caleb Hood
b. Kev Issue(s) of Discu'ssion bv Commission:
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c. Kev Commission Chan~e(s) to Staff Recommendation:
i. CondiNon 1.3.3 was modified to read all future buildings on the site shall be constructed
of stucco with stone accents.
d. - Outstandin~ Issue(s) for City Council:
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Approval ~
After considering all Staff, Applicant, and public testirnony, I move to approve File Numbers PP-08-
004 and CUP-08-008 (PS~optional), as presented in the staff report for the hearing date of July 8,
2008, with the following modi~fications to the conditions of approval: (add any proposed
modifications). ~~.
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Denial I
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers PP-08-004
and CUP-08-008 (PS opti~nal), as presented during the hearing on July 8, 2008, for the following
Maxfield PP-08-004, CUP-08-008 and PS-08-003 Page 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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reasons: (you must state specific reasons for denial and what the applicant could do to obtain your
approval in the future). I:
Continuance ~
After considering all Staff, Applicant, and public testimony, I move to continue File Numbers PP-08-
004 and CUP-08-008 (PSi optional) to the hearing date of (insert continued hearing date here) for the
following reason(s): (you 'should state specific reason(s) for continuance)
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4. APPLICATION AND PROPERTY FACTS
a. Site Address/Locatiori:
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3295 E. Falcon Drive !;
Section 28, Township'3 North; Range 1 East.
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b. Owner: `
Cottage Investors, LLC and Garold Maxfield & David & Natalie Gray
1920 Mayflower Way, & 3295 E. Falcon Drive
Boise, ID 83709 & Meridian, ID 83642
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c. Representative: ~~
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Van Elg, The Land Group, Inc.
462 E. Shore Drive ~.~'<
Eagle, ID 83616 ; ~
d. Present Zoning District: R-8 (Medium Density Residential)
e. Present Comprehensi~e Plan Designation: Low Density Residential
£ Description of Applicant's Request: The applicant is requesting preliminary plat approval of 6
residential lots and 1 ~ common lot on 4.7 acres of land, zoned R-8 and concurrently requesting
Conditional Use Pernut (CUP) approval to construct and operate an assisted living development
with five individual facilities. In addition, the applicant is requesting approval of a private street
loop for the Maxfield'development.
g. Description of Applicant's Justification for PP, CUP and PS Approval: "The applications before
represent an improved design of a previously approved plan for the subject site. To further
clarify, the subject siteywas previously approved for a two lot preliminary plat and conditional use
pernut for an assisted living developrnent in 2005. Since that time the PP and CUP have lapsed
and expired. Determined to see the project through, the developer began the process of preparing
for another subrnittal' The proposed development includes the existing single family home and
five assisted living facilities on individual lots. Each unit has 15 beds, oversized kitchen and
laundry facilities. Nursing Care is not provided. This is a non-convalescent facility with residents
capable of varying degrees of self care." See the applicant's narrative submitted with the PP,
CUP and PS application and Section 10, Analysis, below for more information.
5. PROCESS FACTS
a. The subject applicatiori will, in fact, constitute a preliminary plat as deternuned by City Ordinance.
By reason of the provisions of iTDC 11-SA-2D, a public hearing is required before the
Commission and the City Council on this matter.
b. The subject applicatio i will, in fact, constitute a conditional use as deternuned by City Ordinance.
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Ma~cfield PP-08-004, CUP-08-008 a;nd PS-08-Q03 • Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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By reason of the provi~sions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public
hearing is required befoie the Corrunission and City Council on this matter.
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c. The subject application~will in fact constitute a private street as deternuned by City Ordinance. By
reason of the provisions, of the Unified Development Code Title 11, Chapter 5, a public hearing is
not required on this matter.
d. Newspaper notifications published on: April 28, 2008 and May 12, 2008 (Planning and Zoning
Commission); June 16 and June 30, 2008 (City Council)
e. Radius notices mailed to properties within 300 feet on: April 18, 2008 (Planning and Zoning
Commission); June 30, 2008 (City Council)
£ Applicant posted notie~ on site by: May 5, 2008 (Planning and Zoning Cominission); June 28,
2008 (City Council)
6. LAND USE
a. Existing Land Use(s): i~A single-farruly residence is currently on the site and will remain as part of
the proposed development on a separate lot. The remainder of the land is currently vacant
developable land. ,
b. Description of Character of Surrounding Area: This area is primarily single family homes and
maintains a residential';character.
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c. Adjacent Land Use anii Zoning
1. North: Golden Eagle Estates; zoned RUT
2. East: Golden Eagle Estates; zoned R-4
3. South: Dartmoor Subdivision; zoned RUT
4. West: Medford Pla`ce Subdivision; zoned R-8
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d. History of Previous Actions: In 2005, City Council approved the annexation, preliminary plat
and conditional use pe~rnut far the subject site (AZ-OS-027, PP-OS-027 and CUP-OS-034). As part
of annexation, the Developer and the City entered into a development agreement recorded under
instrument # 105152708.
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e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: S Eagle Road.
Location of wa er: S Eagle Road.
Issues or concerns: Two water connections will need to be established.
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-1 OCS. See Analysis, Section 10
for more information.
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3. Floodplain: NA +,
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4. Canals/Ditches Irrigation: .NA
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5. Hazards: No hazards are lrnown to exist on the site
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6. Existing Zoning: R~8 (Medium Density Residential)
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7. Lot Size: 4.7 acres ~
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f. Conditional Use Inforrnation:
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Maxfield PP-08-004, CUP-08-008 andp PS-08-003 Page 4
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CITY OF MERI~DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
1. Non-residential square footage: 42,625 square feet (8,525 per building)
2. Hours of Operation: At this time, the future patrons of the assisted living facilities will not be
under nursing careihowever if in the future slcilled nursing care is desired on site, the
facilities may operate as 24 hour care facilities. This will discussed in further in Section 10
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below.
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g. Off-Street Parking: 0.5 per dwelling unit.
1. Parking spaces required: 38
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2. Parking spaces provided: 49
h. Landscaping ~
1. Width of street buffer(s): A minimum 25-foot wide buffer is required to be constructed along
S. Eagle Road and a 10-foot buffer along E. Falcon Drive; landscaping within the buffers
shall comply with~the current street buffer landscaping standards listed in UDC 11-3B-7.
2. Width of buffer(s)~:between land uses: NA (buffers between land uses are not required
between residential uses) ~
3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, for internal parking lot
landscaping requir`ements.
i. Required dimensional{standards for the R-8 zone, per UDC 11-2A-6:
- Maximum buildin~g height: 35'
- Minimum Lot Size~ 5,000 square feet
- Setbacks: ~. Front: 15 feet
~ Side: 5 feet
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! Rear: 12 feet
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j. Summary of Proposecl,Streets and/or Access (private, public, common drive, etc.): Access to this
site is proposed from E. Falcon Drive. No direct lot access to Eagle Road is proposed or approved
with this application. ~'
7. COMMENTS MEETING
On April 24, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and de'partments present included: Meridian Fire Department, Meridian Police
Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has
included comments, conditions, and recommended actions in Exhibit B below.
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8. COMPREHENSIVE PLAN POLICIES AND GOALS
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This propertv is desi~n'ated "Low Densitv Residential" on the Comprehensive Plan Future
Land Use Map. Low densitv residential areas are anticipated to contain three dwelling units or
less per acre (see Pa~e 99 of the Comprehensive Plan). As mentioned earlier, the subiect site
was annexed and zoned R-8 in 2005. The LJDC requires CUP approval for assisted livin~
Maxfield PP-08-004, CUP-08-008 arid PS-08-0.03
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
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development. FurYhermore. the comprehensive qlan encouraSes high quality medical services to
meet the health care needs of the citizens of Meridian. ~
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
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• Require that development projects have planned for the provision of all public services. (Chapter
VII, Goal III, Obj ectiue A, Action 1)
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• The roadways adjacent to the subject lands are currently owned and maintained
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by the,Ada County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
• The sicbject lands are currently serviced by the Meridian Library District. This
servic'e'`will not change.
• The subject lands currently lie within the City's urban service planning area and
is serviced by Meridian City Fire Department. This service will not change.
• The subject land is currently within the jurisdiction the Meridian Police
Department (tLIPD). This service will not change.
• The subject site can be serviced by the City of Meridian's sanitary sewer and
water~system.
Municipal, fee-supported,~ services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company. ~
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• Chapter VII, Goa1~N, Objective C, Action 1: Protect existing residential properties from
incompatible land~use development on adjacent parcels.
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Both the Comprehensive P.lan and the Zoning Map envision the adjacent properties in this
area of Meridia',n to develop with residential land uses. Staff believes the proposed
development to be harmonious with the existing and future residential developments in the
area. E ~
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• Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
The applicant is required to install and maintain a 25 foot landscape buffer adjacent to S.
Eagle Road and 1 b foot landscape buffer adjacent to E. Falcon Drive.
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• 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. Said landscaping should be
in compliance with the standards listed in UDC 11-3B-8.
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• Chapter VII, Goal%N, Objective D, Action 2(page 114) - Restrict curb cuts and access points
on collectors and arterial stieets.
This site is not proposing access to an arterial. Access to the site is proposed from E. Falcon
Drive, a local roac'l.
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Maxfield PP-08-004, CUP-08-008 and PS-08-003 Page 6
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CITY OF MERIDIAN PLANNI~ G DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF NLY 8, 2008
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• 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.
The subject property lies within the boundaries of the City of Meridian and can provide the
necessary City services.
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• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
GoaIIV) ~1~
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Staff believes that~,the proposed use should be compatible with existing uses in the area and
provide a necessary service in the surrounding area.
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• Chapter VII, Goa1~iI, Objective D, Action 9: Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
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On the submitted l.andscape plan, the applicant is proposing a combination of split rail and
6 foot vinyl fencing along the perimeter of the site. Prior to any building permits the
proposed fencing and temporary fencing will need to be installed to contain debris.
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• Chapter VI Goal V, Objective A, Actiori 2: Develop provisions for medical services in the
Zoning and Developrnent Ordinance.
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The UDC allows Assisted Living Facilities in an R-8 zone with conditional use approval.
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Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. 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 propeYty.
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9. ZONING ORDINANCE~
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists nursing or residential care facilities as
conditional uses in the R=8 zone.
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b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities c~onsistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and` sewer systems is a requirement for all residential districts. Residential
districts are distinguislied by the allowable density of dwelling units per acre and corresponding
housing types that can be accornmodated within the density range.
10. ANALYSIS ~
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a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the PP, CUP
and PS request as proposed, with the following comments:
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PP ApplicaHon: Based on the policies and goals contained in the Comprehensive Plan and the
general compliance of the proposal with the Unified Development Code, Staff believes that this is
a good location for the proposed development. Please see below and Exhibit C for detailed
analysis and facts and `findings for a preliminary plat.
Dimensional Requir~~ ents of the R-8 zone per LTDC Table 11-2A-6: The applicant is
proposing six resideritial lots and one common lot within an R-8 zoning district. The UDC
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Maxfield PP-08-004, CUP-08-008 a~d PS-08-003 Page 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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requires a rninimum lot size of 5,000 square feet in the R-8 district. The proposed plat consisting
of 6 buildable lots complies with the R-8 zoning district dimensional standards. Fur[hermore the
subject buildings are subject to the R-8 districts setbacks. On the submitted site plan the proposed
buildings comply withf the required setbacks.
I.
Landscaping: South Eagle Road is designated as an arterial roadway. The UDC requires a 25-
foot wide landscape street buffer along S. Eagle Road, an arterial roadway and a 10-foot
landscape buffer adjacent to E. Falcon Drive, a local street. On the submitted landscape plan the
applicant has complied`with the UDC. Said buffers shall be planted and maintained in accordance
with UDC 11-3B-7. ~~.
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The submitted landscaping plan does show existing trees on the site. However, they are not
referenced to be protected and incorporated into the design of the project or being identified as
being removed and m~tigated for. Any existing on-site tree over 4" in caliper that is removed
from the property shall be replaced by installing additional trees, being the equivalent nurnber of
caliper inches of thqse removed. Required landscaping trees will not be considered as
replacement trees for Ithose that are removed. The Applicant should coordinate a mitigaNon
and protection plan ~ with Elroy Huff 888-3579 at the Meridian Parks Department. This
should be included on the updated landscape plan submitted with the final plat application.
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A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman! responsible for the landscape plan and submitted to the Planning
Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All
standards of installation should apply as listed in UDC 11-3B-14.
Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide 10 percent
common open space and site amenities in residential districts for properties 5 acres or larger in
area. The subject property is approximately 4.7 acres; therefore the 10 percent common open
space is not required. However, the applicant is proposing 18 percent useable open space within
the development and exceeds the amount required by the UDC.
Proposed Streets ancUor Access: The applicant is proposing to take access to/from E. Falcon
Drive via a private street that will provide access and circulation with the proposed development.
In addition, the existirig home on the site has two existing approaches onto E. Falcon Drive. Staff
believes that only one ~driveway stub from the existing home site should be allowed. Therefore,
the driveway approach adjacent to the eastern boundary of Lot 3 should be vacated. If the
applicant vacates said drive stub, staff is supportive of the access proposed for the
development. The priuate street requirements will be further explained in the Private Street
section below. 't
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Pressure Irrigation:~ The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
use, the developer will~be responsible for the payment of assessments for the common areas prior
to signature on the fin'al plat by the City Engineer. An underground, pressurized irrigation system
should be installed to ~all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28. The applicant has stated in the narraHve that there are
insufficient surface ~water rights to justify the construction of a pressurized irrigation
system. As previously approved, the applicant is requesNng the use of City water to irrigate
the landscaping for the development. The applicant should coordinate with Public Works
regarding using city}water for irrigation purposes. With final plat submittal the applicant
Maxfield PP-08-OU4, CUP-08-008 a~d PS-U8-003 Page 8
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
f
should provide proof that the property does not have sufficient surface water rights from
the appropriate irrigation district.
E~sting Structures:~ The site currently contains an existing single family home with an
associated outbuilding. As mentioned earlier, the existing 1,850 square foot home is to remain on
one of the proposed lots; however the existing outbuilding is slated for demolition to make way
for the proposed assis'ted living facilities. Prior to the City Engineer's signature of the final
plat, the existing outbuilding on this site shall be removed.
Fencing: On the submitted landscape plan, perimeter fencing is being proposed for the site.
Along the northern and western boundaries, the applicant is proposing a split rail fence and along
the southern and eastern boundaries a 6-foot solid vinyl fence is proposed. Prior to any building
pernuts the proposed fencing and temporary fencing will be required to be installed to contain
debris. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All
fencing shall be installed in aecordance with UDC 11-3A-7.
Phasing Plan: At thi`s~ime the applicant is proposing to complete the project in two phases.
Phase 1 is proposed to+include~ the construction of two of the five proposed assisted living
facilities. Phase 2 includes the development of the southern portion of the development and
includes the remaining'~three buildings. Staff is supportive of the phasing plan; however all
landscaping, fencing;~parking lot improvements and amenities should be completed prior to
occupancy of the first building.
CUP Application: Tlie applicant is requesting CUP approval to construct and operate 5 assisted
living facilities on 4.'7~ acres of land zoned R-8. As part of annexation into the city, the applicant
was required to enter into a development agreement which requires a CUP for any future
development on the site. Furthermore, UDC 11-2A-2 also requires CUP approval to operate a
nursing or residential~caze facility within an R-8 zone, respectively. In addition, the proposed use
shall cornply with the specific use standards of the UDC regarding Nursing or Residential Care
~.
Facilities.
Specific Use Standards for Nursing or Residential Care Facilities per UDC 11-4-3-29:
4
i
A. General standa ~ds:
1. If the use results~n more than ten (10) persons occupying a dwelling at any one tirne, 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
1 S patients per building on- 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 departinent of health and welfare, facility standards division.
. The
applicant shoul'd comp[v with this standard.
i1 .
B. Additional stanclards 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 ~agains t exi t/en try by sma l l c h i l d ren an d t o screen abuttin g pro perties. The
fencing material~ shall meet the swimming pool fence requirements of the building code in
accord with title 10 of this code. Not applicable.
I;
Maxfield PP-08-004, CUP-08-008 and PS-08-003 Page 9
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
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2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yarcl. Not applicable.
3. Outdoor play arefas in residential districts or uses adjacent to an existing residence shall not
be used after duslc. Not applicable.
I
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 feet (6'), along the perimeter of any portion of the site that is
accessible to the`se patierits 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.
(Ord. OS-1170, 8~`3D-2005, ef£ 9-15-2005) At this time, the applicant is proposing self-
sufficient facilities and does not anticipate ambulatory patients or dementia patients to be
located at the proposed facilities. If applicable, strict adherence to this requirement is
required at CZG~ubmittal for the proposed building.
i
Building Elevations: ;Elevations for the proposed buildings were submitted with this application,
prepared by Medical Design Group, labeled as Sheets 4.00 and 4.10, and are included in Exhibit
A. However, the sidirig and roofing materials are not called out ~on the submitted elevations. The
applicant is proposing'masonry veneer along the front farade. The masonry veneer is carried to
side elevations as well; with one side having full treatment and the opposite side having partial
treatment. The UDC requires buildings to be constructed of high quality building materials such
as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as
the primary siding material. ~Furthermore, the applicant should testify at the public hearing
what construcNon materials are proposed for the assisted living buildings. Staff is also
recommending all p~ublic street side elevations have the same masonry veneer along the
entire fa~ade of the building.`
Parking: UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential care
facilities. Each of the~;proposed buildings (5 total) is expected to house 15 patrons. Based on the
parking requirements !of the UDC (15. X 5 X 0.5) the minimum parking for the site is 38 and 49
stalls are proposed. Iu addifion, a bicycle rack is required to be installed on the site that is
capable of holding aj minimum of two bicycles and should comply with the standards listed
in UDC 11-3C-SC. If the above changed is made, staff is supportive of the parking for the
site.
f~
Site Plan: Staff has ~reviewed the site plan (prepared by The Land Group; dated 03/27/2008,
labeled as CUP-1, included in Exhibit A) submitted with this application. The following items
should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance
application: E
~
• Per UDC 11~ 3C-6G, provide a minimum of 2 bicycle parking space on the site in
compliance wlth the standards listed in UDC 11-3GSC.
• Per UDC 11~-3GSB3, the parking stalls adjacent to the buildings shall be provide
~ substantial wheel restraints to prevent cars from encroaching beyond the stall area onto
the sidewalk o~r the sidewalk may be widened to 7 feet to allow for overhang in this area.
Landscaping: Staff ~has reviewed the landscape plan (prepared by The Land Group, dated
03/27/2008, labeled ~as L1.0, included in Exhibit A) submitted with this application. The
following items should be shown on a revised landscape plan submitted with the Certificate of
Zoning Cornpliance: ~ ~•
Ma~cfield PP-08-004, CUP-08-008 and PS-08-003 Page 10
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
A. Drawings
1. Vicinity Map
E~chibit A
-1-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
2. Preliminary Plat
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-2-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
3. Landscape Plan
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-3-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
4. CUP Site Plan
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-4-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
5. Elevations
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-5-
~~_======~w~~===___~_________________-____=________-___=____=___~
C ~ SEDE ELEVATION
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~_~_______-;__~~_~~===___=______-~~~_______________________~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 PRELIMINARY PLAT
1.1 Site Specific Conditions
1.1.1 All comments and conditions of the accompanying Conditional Use Permit (CUP-08-008)
applications shall also be considered conditions of the Preliminary Plat (PP-08-004).The 7-lot
preliminary plat prepared by The Land Group, dated March 27, 2008 (attached in E~chibit A), is
approved.
1.1.2 Access to this site shall be provided from E. Falcon Drive via a private drive. Direct lot access to
S. Eagle Road is prohibited.
1.1.3 Prior to the City Engineer's signature on the final plat, all existing structures on this site shall be
removed. Prior to the issuance of any building pernut for a new dwelling unit, the final plat shall
be recorded.
1.1.4 The landscape plan prepared by The Land Group, dated March 27, 2008, labeled L1.0 (attached
in Exhibit A), is approved with the following notes/changes:
• Provide a minimum 25-foot wide bermed landscape buffer along S. Eagle Road with a 5-
foot detached sidewalk and provide a 10-foot landscape street buffer adjacent to lot 1 with
either an attached or detached 5-foot sidewalk. All landscape materials shall be installed in
accordance with UDC 11-3B-9, Landscape Street Buffers.
• Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site. Provide a copy of the plan to the Planning Department with the final plat submittal.
• Construct a 6-foot tall vinyl fence along the south and east boundary and construct a split
rail fence along the west and north boundary, as proposed.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
Submit revised landscape plans to the Planning Department with the submittal of the final plat
application.
1.1.5 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round
source of water. If a creek or well source is not available, a single-point connection to the
domestic water system shall be required. If a single-point connection is utilized, the developer
shall be responsible for the payment of assessments for the irrigable landscape areas prior to
signature on the final plat by the Meridian City Engineer. The applicant shall coordinate with
Public Works regarding using city water for irrigation purposes. With final plat submittal
the applicant shall provide proof that the property does not have sufficient surface water
rights from the appropriate irrigation district.
1.1.6 All development improvements including water, sewer, fencing, landscaping, amenities and
pressurized irrigation shall be installed and approved prior to City's Engineers signature on the
final plat.
Eachibit B - 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
1.1.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.1.8 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including but not lunited to structures, parking, common areas,
private streets, and other development features.
1.1.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets
pursuant to UDC 11-3A-17. Coordinate with ACHD the extension of the sidewalk on S. Eagle
Road and E. Falcon Drive.
1.1.10 Provide a private drive within the development as approved with PS-08-003. Said private drive
shall comply with the private street requirements in accordance with UDC 11-3F.
1.1.11 The driveway approach adjacent to the eastern boundary of Lot 3(on the existing home site) shall
be vacated.
1.2 GENERAL CONDITIONS
1.2.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such
plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed
by Staff.
1.2.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided at the time of building permit submittal, temporary
construction fencing to contain debris must be installed around the perimeter prior to issuance of
a building pernut. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-
way. All fencing should be installed in accordance with UDC 11-3A-7.
1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does
not relieve the Applicant of responsibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.2.6 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-1 l.
1.2.7 The applicant shall comply with the dimensional standards of the R-8 zoning district.
1.3 CONDITIONAL USE PERMIT
1.3.1 The site plan, prepared by The Land Group, dated March 27, 2008, is approved with the
following modifications:
• Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking space on the site in
compliance with the standards listed in UDC 11-3C-SC.
• Per UDC 11-3C-SB3, the parking stalls adjacent to the buildings shall be provide
substantial wheel restraints to prevent cars from encroaching beyond the stall area onto
the sidewalk or the sidewalk may be widened to 7 feet to allow for overhang in this area.
• Provide 49 parking stalls on the site as proposed.
Exhibit B - 2 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
1.3.2 The landscape plan, prepared by The Land Group, dated March 27, 2008, is approved with the
following modifications:
Per UDC 11-3B-8C2b, no linear grouping of parking stalls shall exceed 12 in a row
without an internal planter island. On the submitted landscape plan, there are 14 stalls in
a row adjacent to building A, Lot 1; provide an additional internal planter island to
comply with this requirement. Said planter island shall contain a minimum of 50 square
feet and shall not be less than 5 feet in any dimension, measure inside curbs and shall be
planted with a minimum of 1 tree and low shrubs, lawn, or other vegetative groundcover.
Provide amenities on the site to include areas for flower beds, a convenient and large
common area, two covered patio/gazebos sitting areas, and a pathway system, as
proposed.
1.3.3 The building elevations, prepared by Medical Design Group, labeled Sheet 4.00 and 4.10, are
approved with the following modifications:
• In no case shall the buildings use vinyl siding as the primary siding material. All future
buildin~s on the site shall be constructed of stucco with stone accents. All public street
side elevations shall have the same masonry veneer along the entire faqade of the
building.
1.3.4 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 permits for the
proposed building.
1.3.5 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.
1.3.6 No new signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance (UDC 11-3D).
1.3.7 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.
1.3.8 If 24 hour nursing care facilities are proposed in the future; it shall commence within Buildings
~ C and D on Lots ~ 5 and 6 of the project. The nursing staff shift change shall not
occur between the hours of 11 pm and 7 am as to not disturb the residents of the surrounding
neighborhoods.
1.3.9 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29, as
applicable.
1.3.10 . The
owner and/or ouerator of the facilitv shall secure and maintain a license from the state of
Idaho department of health and welfare, facilitv standards division.
1.3.11 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the
Certificate of Zoning Compliance application.
Exhibit B - 3 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Eagle
Road. The applicant shall install mains to and through this subdivision including the extension of
the 8 inch sewer main from a existing manhole located near E Shaver St and S Eagle Road to the
applicants furthest northern property line near E Falcon Drive; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in S Eagle Road. The applicant
shall be responsible to install two water connections one from S Eagle Road and another from the
intersection of E Falcon Drive and S Eagle Road due to fire flow requirements. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.5 All existing structures that are required to be removed shall~be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
Eachibit B - 4 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pernuts.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as deternuned during the plan review process, prior to the issuance of a plan
approval letter.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Perxnitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces is at least 1-foot above.
2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval.
Commercial Projects
2.19 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
proj ect.
2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
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.
Exhibit B - 5 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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 There shall be a fire hydrant within 100' of all fire department connections.
3.5 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
measured 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
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). •
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).
3.6 The buildings on the site shall require a NFPA 13R or 13D sprinkler system and fire alarm system
per NFPA 72.
3.7 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4%2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.8 For all Fire Lanes provide signage "No Parking Fire Lane".
3.9 The private roadway and grass pave shall be able to accommodate an imposed load of 75,000
GVW.
3.11 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
Exhibit B - 6 -
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
5. PARKS DEPARTMENT
5.1 No comments received from the Parks Department.
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 modifications may significantly impact 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.
6.2 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant
pr~or to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a
building pernut (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material. The District will
purchase the right-of-way which is in addition to existing right-of-way from available Corridor
Preservation Funds.
7.2 Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be
constructed a minimum of 41 feet from the centerline of Eagle Road.
7.3 Construct Falcon Drive as one half of a 36-foot street section with vertical curb, gutter and a 5-
foot detached concrete sidewalk within the existing right-of-way.
7.4 Construct three driveway accesses to intersect Falcon Drive:
• Construct the first driveway access 10 feet wide to intersect Falcon Drive at the
easternmost property line. Pave the driveway its full width and at least 30 feet into the
site beyond the edge of pavement of the roadway and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
• Construct the second driveway access 14 feet wide to intersect Falcon Drive
approximately 102 feet from the easternmost property line(measured property line to near
edge). Pave the driveway its full width and at least 30 feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
• Construct the third driveway access a maximum of 20 feet in width to intersect Falcon
Drive from the easternmost property line(measured property line to near edge). Pave the
driveway its full width and at least 30 feet into the site beyond the edge of pavement of
the roadway and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
7.5 Direct lot access to Eagle Road is prohibited and shall be noted on the fmal plat.
7.6 Comply with all Standard Conditions of Approval.
Exhibit B - ~ -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 8, 2008
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
72.5 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
'7.2.7 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.8 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.11 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. CENTRAI. DISTRICT HEALTH
8.1 After written approvals from appropriate entities are submitted, we can approve the proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create to create a mosquito breeding problem.
EJChibit B - 8 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
C. Require Findings in Accordance with the UDC
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. The Council supports the proposed density and proposed plat
layout, with recommended changes, as they comply with the provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
The Commission recommends the Council rely upon comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to deternune this finding. (See Exhibit B,
Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. The Commission
recommends that the Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which the Commission is unaware.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The
Commission recommends that the Council reference any public testimony that may be
presented to deternune whether or not the proposed development may destroy or damage
a natural or scenic feature(s) of major importance of which the Commission is unaware.
Exhibit C - 1 -
CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
2. CUP Findings:
The Commission and Council 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.
The existing site is large enough to accommodate the proposed use. However, the R-8 zoning
district requires CUP approval for Nursing Care Facilities in accordance with UDC 11-2A-2
and strict adherence to the specific use standards in UDC 11-4-3-29. See analysis in Section
10 for more information.
Off-street parking is required at the ratio of 0.5 per dwelling unit. Thirty eight off-street
parking stalls are required for this site based on the number of beds (75) provided for the
residents of the facility; 49 are provided. The applicant complies with this requirement.
Staff recommends the Council rely on Staff's analysis and any oral or written public
testimony provided when determining 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 Low Density Residential. T'he subject property is zoned R-S and complies 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 e'sting 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 deternune if the development will adversely affect the
other property in the vicinity.
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.
The Council finds that the site will be adequately served by the previously mentioned public
facilities and services.
Exhibit C - 2 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 8, 2008
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 development.
The Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
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.
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.
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 environtnental problems
associated with the proposed use that should be brought to the Council's attention. The
Council finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Private Street Findings:
A. The Design of the private street meets the requirements of tlus Article;
The applicant will have to certify that the Ada County Street Naming Committee has
accepted the private street names. The design of the streets meets the standards as set
forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be
contained on site.
B. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity; and
Staff does not anticipate any hazard, nuisance or other detriment from the private streets
if they are constructed and maintained as designed.
C. The use and location of the private street shall not conflict with the comprehensive
plan and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or
the regional transportation plan.
Exhibit C - 3 -