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HomeMy WebLinkAboutBeacon at Southridge CUP Signed CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .~.._f , . _ _. '~~ # s `..J w..." ! V~i ~.~ i"~ 1;._1; .x`-4.1 ,. E IDIAI~T~--~ 4 ~,,,~ f. ,': ,, In the Matter of Conditional Use Permit for an Assisted Living Facility in the TN-C and TN-R Districts; to Exceed the Maximum Building Height Allowed in the TN-C district; and to Exceed the Maximum Building Footprint Square Footage Allowed in the TN-C District, by Eastern Washington-Idaho Synod of the ELCA. Case No(s). CUP-08-027 For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on November 6, 2008) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the heating date of October 16, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 (LC. §67-6503). 2. The Meridian Planning & Zoning Commission 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. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-U8-027 Page 1 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 Chairman of the Commission 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 Conditions of Approval in the attached Staff Report for the hearing date of October 16, 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 Flanning & Zoning Commission'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: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A.3 of the staff report dated October 16, 2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 16, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration 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, 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. Far projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-027 Page 2 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 Cammission maybe 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 must be filed with the City Clerk not mare than twenty-eight (2$) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tall the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the gvveming body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance ar denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER. CASE NO(S). CUP-08-027 Page 3 By action of the P nning & Zoning Commission at its regular meeting held on the day of , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~S.LrI~ COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED CHA ~Jl,~' ~ha~,2 ~, ~d~r~ Attest: ara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Fublic Works Department and City \\~~~1~1111111~~1~~// Attorney. ``~~.G4~.~ Of M~R`~~'%,~~/~ G~,,S~Olq;q T 9'L '~ LL ~~' ~Q By: Dated: f~"~~~ ~.~~~~ - City Clerk's Office = '~ ~o~' %~O~ ~~~ ~ PO: ~`'~'tart~;rtra~t°~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-0$-027 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Hearing Date: October 16, 2008 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner E IDIANp~ (208) 884-5533 ~'~'~' SUBJECT: Beacon at Southridge • CUP-08-027 Conditional Use Permit for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Eastern Washington-Idaho Synod of the ELCA, is requesting Conditional Use Permit (CUP) approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. The applicant is proposing to construct an 87,757 square foot assisted living facility. A 4-story building is proposed to contain 139 assisted living units. There are two attached 24-unit, 1-story assisted living wings with a memory care emphasis located to the westlsouthwest of the 4-story building. This site is designed to connect to a future church to the east, which will provide access to church services and activities for the residents. A town center will be the center of the community with public spaces such as a cafe, club lounge, beauty shop, library, f mess room, and child daycare. Many units have decks or ground floor patios. Memory care residents will have access to a secure fenced garden with a gazebo for shade and outdoor activities. The subject site is located on the south side of W. Overland Road, approximately % mile west of S. Linder Road. The subject property is within the corporate boundaries of the city and was annexed as part of the Southridge development. (NOTE: With the annexation of Southridge, this area was depicted on a master concept plan to have a mix of multi-family and single-family buildings. The development agreement (DA) and master concept plan are proposed for modification to reflect the subject nursing care use. The DA modification is scheduled for a public hearing before the City Council on October 14'h. If the City Council does not approve the DA modification and concept plan, then. the subject CUP should also be denied, as it is not consistent with the approvals currently in place. Staff will provide the Commission an update on the DA modification at the public hearing.) 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUF application below. Staff recommends approval of CUP-08-027 for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit S. The Meridian Plannin and Zonin Commission heard this item on October 16 2008. At the ublic hearin the moved to a rove CUP-08-015. a. Summary of Commission Public Hearin: i. In favor: David Olson: Dan Nudiker; and Van Elg ii. Tn onnosition: None Beacon at Southridge CUP-08-027 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 iii. Commenti~:_None iv. Written testimony: None v. Staff resentin a lication: San a Watters vi. Other staff commentin on a lication: None b. Key Issues of Discussion by Commission: i. The enormit of the ro osed 4-star buildin hei ht• ii. Discussion about the applicant's ability to comply with Fire Department conditions 3.12 and 3.18• c. Ke Commission Chan es to Staff Recommendation: i. Modi conditions of a rova13.12 and 3.18 in Exhibit B to include "...or as a roved b the Meridian Fire De artment in writin ." 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 027, as presented in the staff report for the hearing date of October 16, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-O8- 027, as presented during the hearing on October 16, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-027 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: The site is located on the south side of W. Overland Road, approximately % mile west of S. Linder Road in the NE % of Section 23, Township 3 North, Range 1 West. b. Applicant/Owner: Eastern Washington-Idaho Synod of the ELCA 314 S. Spruce Street, Ste. A Spokane, WA 99201-5823 c. Representative: Van Elg or Phil Hull, The Land Group Inc. 4d2 E. Shore Drive, Ste. 100 Eagle, ID $3616 d. Present Zoning District: TN-C (Traditional Neighborhood Center) & TN-R (Traditional Neighborhood Residential) e. Present Comprehensive Plan Designation: Ten Mile Interchange Specific: Mixed Use Commercial (MUC) & Medium Density Residential (MDR) f. Description of Applicant's Request: The applicant is requesting Conditional Use Permit (CUP) approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum Beacon at Southridge CUP-08-027 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. g. Description of Applicant's Justification for CUP Approval: "A senior living community such as this would be a great benefit to the seniors of the city and surrounding area as well as the community as a whole." See the applicant's narrative submitted with the CUP application and Section 10, Analysis, below fpr more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: September 29, and October 13, 2008 c. Radius notices mailed to properties within 300 feet on: September 19, 2008 d. Applicant posted notice on site by: October 2, 200$ 6. LAND USE a. Existing Land Use(s): Vacant agricultural land. b. Description o£ Character of Surrounding Area: The surrounding area consists of rural residential and agricultural properties. c. Adjacent Land Use and Zoning 1. North: Overland Road, rural residentiaUagricultural land, zoned RUT in Ada County 2. West: Rural residential/agricultural land, zoned RUT in Ada County 3. South: Agricultural land, zoned TN-R 4. East: Agricultural land, zoned TN-C and TN-R d. History of Previous Actions: - In 2007, the subject property was granted Annexation and Zoning (AZ-06-031) approval with TN-C and TN-R zoning districts (Ordinance #07-1319). A Development Agreement was also approved with the annexation (Instrument No. 107074205). - A Preliminary Plat (PP-06-031) was approved concurrent with the annexation for 239 lots consisting of 189 residential lots, 11 commerciallother lots, 8 mega lots (to be developed in the future), and 31 common/open space lots. - A Property Boundary Adjustment (PBA-08-014) application was approved by the Planning Department on October 13, 2008 for the creation of the subject parcel. - A Development Agreement modification (MDA-08-004) application is currently in process to eliminate the mega lot concept which requires platting of all parcels to allow for property boundary adjustments and platting. The conceptual master plan is also proposed to be modified to include the subject assisted living facility and future church and reflect changes to the alignment of streets within the site and Overland Road due to topography and ACRD requirements. e. Existing Constraints and Opportunities 1. Public Works Beacon at Southridge CUP-08-027 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTQBER 16, 2008 Location of sewer: This project will sewer to the previously installed 27 inch Overland Road Re-Alignment Sewer Trunk. Location of water: This project will be served from existing water mains located in W Overland Road and S Lender Raad. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: Two ditches traverse the northern portion of the site. S. Hazards: No hazards are known to exist on the site 6. Existing Zoning: TN-R and TN-C 7. Lot Size: 19.62 acres f. Conditional Use Information: 1. Square footage of structure: 87,757 2. Hours of Operation: 24 hours aday/7 days a week g. Off-Street Parking: (0. S parking spaces required per dwelling unit, per UDC I1-3C-6; .187 residential units are proposed) 1. Parking spaces required: 94 (based on 187 residential units) 2. Parking spaces provided: 149 (97 surface parking stalls; 52 underground parking stalls) h. Landscaping 1. Width of street buffer(s): 2S Iv°" ^'°-~'- r,..°-'°„~'~ '~ ~ °* ~'^~-~ ~°••"'-~a~-° None required if the TN-R zoned portion of the site is rezoned to TN-C (No street buffer is required in the TN- C district) 2. Width of buffer(s) between land uses: NA 3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards of the TN-C district (UDC 11-2D-5): - Maximum building height: 45' - Minimum number of stories for new construction adjacent to any street: 2 - Maximum building footprint is 20,000 square feet (s.f.); however, other than retail, all other uses maybe allowed a footprint of greater than 20,000 s.f. through the CUP process. - Minimum contiguous district size if 6 acres. - Administrative Design Review: NA (NOTE: The criteria for administrative review have not yet been implemented, but may be in place when this site applies for building permits.) j. Surnrnary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from one public street, Southridge Drive that is proposed to intersect Overland Road approximately '/ mile west of S. Linder Road. One 2b-foot wide emergency access only driveway is proposed to Overland Road, per request of the Fire Department. Internal driveways are proposed for circulation within the site. Beacon at Southridge CLIP-08-027 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. COMMENTS MEETING On September 25, 2008, a joint agency and departments meeting 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 corrunents, conditions, and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as within the "Ten Mile Interchange Specific" area. The specific land use designations for this property are Mixed Use Commercial (MUC) & Medium Density Residential (MDR). The purpose of the MUC designation is to encourage the development of a mixture of office, retail, recreational, employment, and other miscellaneous uses, with supporting .multi-family or single family attached residential uses. MDR designated areas are characterized by relatively low densities and a predominance of single- family and 2-unit housing types emphasizing ownership opportunities. Smaller two, three and four unit apartment buildings may be compatible in a MDR area but large apartment buildings or apartment complexes are not. In general, MDR areas should be ,protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 4-8 units per acre. Most developments should fall. within this range, although small areas of slightly higher density may exist. MDR areas should be designed to be conducive to walking and all of the housing and other uses should share an interconnected sidewalk and street system. Higher density housing types within MDR areas generally should be located nearer mixed use or other more intensely developed areas, with a transition to smaller buildings such as duplexes and single-family detached houses as the distance from the more intensely developed area increases. See Ten Mile Interchange Specific Area Plan for more information. The proposed density (number of beds/units) of the assisted living facility is 9.53 per acre, which exceeds the target density of 4-8 units per acre for MDR designated areas. However, as previously stated, higher densities housing types are appropriate near mixed use and more intensely developed areas. To the east of this site on the southwest corner of Overland & Linder, commercial uses are planned; directly to the east a church is proposed to be constructed with phase 2 that will be associated with the assisted living facility and conuected by a pathway; and phase 3, to the south, is proposed to consist of 4 brownstone structures consisting of 16 units per building for a total of 64 residential units. An elementary school and public library are proposed southeast of the site on the west side of Linder and medium-density single-family residential homes are proposed to the south. Staff finds that the proposed use of the property as an assisted living facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner.• Beacon at Southridge CUP-OS-027 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. - The subject lands are currently serviced by the Meridian Schaal District Na. 2, This service wild not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. • Insure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community (Chapter VI, Goal V, Objective A). Staff is supportive of the proposed assisted living facility and believes it will contribute to the variety of long term health care options available in the community. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Staff believes that the proposed residential use of the property will be compatible with existing adjacent residential uses to the west and north. • Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets (Chapter VI, Goal II, Objective A, Action 12). A public street, Southridge Drive, is propased for access to the site, and other phases of the development,,from Overland Road. This should help to reduce the number of access points an Overland Road. • 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 IV, Goal I, Objective A, Action 6 (page 26) --Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. The subject property lies within the boundaries of the City of Meridian and can be provided with City services. Staff believes that the proposed use is consistent with the Comprehensive Pdan and is compatible with existing and future surrounding uses. Staff recommends that the Commission rely on any verbal ar written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the TN-C and TN-R zoning districts. Nursing or Residential Beacon at Southridge CUP-OS-027 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Care Facilities (assisted living) are a conditional use in both the TN-C and TN-R zoning districts. 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 CUP request as proposed, with the following comments: CUP: The applicant is requesting CUP approval for an assisted living facility (nursing care facility) in the TN-C and TN-R districts; to exceed the maximum building height of 45' (measured at the midpoint of the roof per International Building Code standards) allowed in the TN-C district to allow a building height of 56'7" (measured to the ridge); and to exceed the maximum building footprint square footage allowed in the TN-C district of 20,000 square feet to allow an 87,757 square foot building footprint. The site is currently zoned TN-C and TN-R and the proposed 4~story structure spans across both districts (see Exhibit A. 7). The TN-R district does not allow an increase in height above the maximulxi allowed of 40', even with CUP approval. For this reason, Staff is recommending as a condition of approval of the subject CUP that the applicant rezone the TN-R zoned portion of the site to TN-C, prior to applying for certificate of zoning compliance for the assisted living facility. Because the applicant has already submitted the rezone application (a public hearing is scheduled for November 20, 2008), Staff is reviewing the subject CUP based on the dimensional standards of the TN-C district, assuming that the rezone will be approved. Dimensional Standards: Staff has reviewed the dimensional standards listed in UDC 11-2D-5 and 11-2D-6 for the TN-C district (listed above in Section 6) and found the site to be in compliance with the required standards except the structure exceeds the maximum building height and maximum building footprint, which are the subject of the CUP. Stuff does not object to the requested increase in building footprint and building height. Specific Use Standards: Per UDC 11-4-3-29, the following standards apply to nursing or residential care facilities (staff analysis in italics): A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this code. The applicant is proposing to construct a new building for the proposed assisted living facility. The applicant shall comply with the Building Code requirements for this occupancy class. 2. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: (Not applicable) Beacon at Southridge CLIP-08-027 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') non- scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: Abarrier with a minimum 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 swimming pool fence requirements of the building code iu accord with Title 10 of this code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) Because the facility will contain one story assisted living wings with a memory care emphasis, the applicant shall comply with this requirement, as shown on the plans. Design Guidelines: Per the Development Agreement approved with the annexation of this property, all development in the TN-C district that has frontage on Overland Road is subject to design review approval. Because this site has frontage on Overland Road, the applicant shall comply with the design standards in effect at the time of Certificate of Zoning Compliance application for the future structure on the site. Building Elevations: Building elevations for the proposed building were submitted with this application, prepared by Pope Architects, and are included in Exhibit A.6. Exterior materials are proposed to consist of cement board horizontal lap siding, cement board shakes, and cement board with batten, with manufactured stone accents and profile asphalt shingles. Staff is supportive of the proposed elevations and construction materials as they represent high quality design and materials. The future structure on this site shall substantially comply with the elevations and construction materials submitted with this application shown in Exhibit A.6. Access: Access to this site is proposed from one public street, Southridge Drive that is proposed to intersect Overland Road approximately '/ mile west of S. Linder Road. One 2d-foot wide emergency access only driveway is proposed to Overland Road, per request of the Fire Department. The Fire Department is requesting that bollards or an electric gate be installed at this driveway to restrict access to emergency vehicles only. Internal driveways are proposed for circulation within the site. The Fire Department has included a condition of approval that a third access point to the site be provided with phase II of the development (the church site to the east). Staff and ACRD are supportive of the access points proposed to the site. Parking: Per UDC 11-3C-6, 0.5 parking spaces are required per dwelling unit; based on 187 residential units, 94 spaces are required. The applicant has provided 149 vehicle parking spaces on the site (97 surface parking stalls and 52 underground parking stalls), which complies with and exceeds this requirement. Per UDC 11-3C-6G, one bicycle parking space shall be provided for every 25 proposed vehicle parking spaces or portion thereof. Per this requirement, a bicycle rack capable of holding a minimum of 6 bicycles shall be installed on the site in compliance with the standards listed in UDC 11-3C-SC. Site Plan: Staff has reviewed the site plan, prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00, submitted with this application. The following items should be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: Beacon at Southridge CUP-OS-027 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 • A bicycle rack capable of holding a minimum of 6 bicycles is required to be installed on the site in compliance with the standards listed in UDC 11-3C-SC. Landscaping: Staff has reviewed the landscape plan, prepared by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, and L1.10 submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: • One tree shall be added within the planter at the east end of the row of parking in front of the assisted living facility, per UDC 11-3B-8C2d. Existing Trees/Structures: Staff visited the site and there are no existing trees or structures on the site. Ditches/Canals: There are 3 ditches that traverse this site. The easternmost ditch was allowed to remain open as a water amenity with the annexation application. However, the applicant is now proposing to the it. Ponds: Four ponds are proposed on the site. Per UDC 11-3B-9C.6, open water ponds may comprise up to 25% of required open space area. All ponds with a permanent water level shall have recirculated water, as proposed, and shall be maintained such that it does not become a mosquito breeding ground. Fencing: Fencing is proposed on the site far the memory care units (see Exhibit A.8). Because the assisted living facility will provide care for people who suffer from dementia or similar disabilities that may cause disorientation, abarrier with a rninirnum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided, per UDC 11-4-3-29. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. Proposed fencing shall comply with these standards. Hours of Operation: The applicant is proposing a 24 hour assisted living 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 a building permit for the proposed structure 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 shall be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-08-027 for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of October 16, 200$, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard_this item on October 16, 2_008. At the public hearin~,_they_moved to approve CUP-08-015. 11. EXFIIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Conceptual Master Plan (Development Agreement modification in process to modify the master plan as shown) 3. Site Plan (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) 4. Landscape Plan (prepared by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, Beacon at Southridge CUP-08-027 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 and L1.10) 5. Floor Plans & Underground Parking Plan (prepared by Pope Architects) 6. Building Elevations (prepared by Pope Architects) 7. Zoning Boundaries 8. Fencing Plan for Memory Care Units 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. Required Findings from the Unified Development Code A. Drawings 1. Vicinity/Zoning Map Site Beacon at Southtidge CUP-08-027 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 1 b, 2008 Exhibit A Page 2 2. P~epese~Conceptual Master Plan A roved with MDA-08-004 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Site Plan (prepared by The Land Group, dated 7/30/08, labeled as Sheet 02.00) ~aa ~~ ~~ m ~~ ~~ ~ a m c`~ o~-w~,Enn_caHr,~crs .~. ~~ Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 15, 2008 4. Landscape Plan (prepared by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, and L1.10) 4 r~ es~corr ~r sovnmroob au~uurcew neue~aauerraorrr~ ~~~- m.v~ =^ ~ --^^-- ~ ~~ ~ ~ ~ _ _ m i i ! ,~ $ n i~ ~... i~ - r ® ~t ~ -- j ~ a / J TAPE pIR7iF6Y10NPOf68: ~ m ~~ "-... _~ ~ f_ ._..... I • ~_~.. +` .~. f..~sxsax~rz.:~~maz_ ,~ ~ e i ~ ~ xsmR ce c xvx~~ ~. r~~.~~r_~ec~ ~ `` - f -- - =~ ~.=...r . : mare=aer= i ~ _ G ~ ~ ~tie l.~tue Plan ,, ~ _ ~~_ _ - --.--.~_._ _ ~ m __ _ Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF aCTQBEIt 16, 2008 ~~ ~~ SHRUB LA! NG ~~ j~p~ ~3 P H ro i 4 nUECI[1UC1U5 TREE PI,ANiING~ \' m ~4YtJCT ~~ d1i~'RP __ ~~ ~ ~ ~N V N ~_ ~~~~~ .~._ . ffi.~.~_u_..:__:~...~. SIIffi~l'A85~__....___.,M. 6 A n~IFEROUS TREE PLANTI L1.10 Exhibit A Page $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Floor Plans & Underground Parking Plan (prepared by Pope Architects) FOIL RTH FLOOR LEVEL w ~r~ 7hc 13ca4on et SauTh R(dgA • • Ak~id~ah, lf1 ' 1M1MkG7. ~fiB~raGOA at $pat4~ Ridge • R~ttid9dn,Ip- ~A.wicvan>~~.....w.." THIRD FLOOR LEVEL n u 3a iov ~' 1_ , E CAITAF,/-1" , 0 z3' SIY ~W f~~ rvw~ni F~:VA.1FN" Exhibit A Page 6 CaTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 r~"~xan ~~ scum Rime ~, • • ~-nP ~n, rn ,.. a rrnr, ti ', ' Tho titaeon at Stwih: Ridge • ' M~ian, Ip ,..... ~ wwisvurruMttiw> UNUERGROUN!) PARKING L@VEL o xs sq ipy ~~~ _~.~ (CV)~EN ~i.-~ E'CV~FN , Exhibit A Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THIr HEARING DATE OF OCTOBER 16, 2008 6. Building Elevations (prepared by Pope Architects) 'tie a3 ~pe+th Ridge ~.w. ~ ~.."~,e.y Front View FronT Entry rMpMtr ~ The ricaeonat 5oa~ Rldl~e • • klandlanslC~ ' q n..l .r~ww.v~wn..ww ' Courtyard View '4q FCII~fN" 3' .~.,.,ry ..p q ~,~~~I ' fCVhn(N' Exhibit A Page CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~: ~r.9 ,,.- .. w ...., .... ~,va J cry` ... •. View from Southeast View from East View from North View from West rtlutix. , T~'tA 89.31:0111 ~t ~[lUl"11 €~ii. • M~ridi~n,io -~~l i.x.Kmx, w..,n Exhibit A Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. Zoning Boundaries Exhibit A Page ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 8. Fencing Plan for Memory Care Units 1 '" ~ , ,. r f { { ' t~~T,Q'/RLh~er~prpund.Parkin ~ (~ Ia LImis~r ~ullding'. ~ ~' `,_ r ,. 1 y . ~~r:.`~,1 ~ ~" r ~ ., 4, tit'r~Y~ ~_`~--~` pgt~18CF The ~eacQn Ott ~a~+th F ~ ^ t++ter.~dtan, IQ ~x+-~r I t _..., b } ; ~ k ~C+~J?~-~tEN" Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 CONDITONAL USE PERMIT 1.1.1 The site plan, prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00, is approved with the following modification: • A bicycle rack capable of holding a minimum of 6 bicycles is required to be installed on the site in compliance with the standards listed in UDC 11-3C-SC. 1.1.2 The landscape plan, prepared by The Land Group, dated 8/11/0$, is approved with the following modifications: a. One tree shall be added within the planter at the east end of the row of parking in front of the assisted living facility, per UDC 11-3B-8C2d. 1.1.3 Building elevations for the proposed assisted living facility shall comply with the elevations shown in Exhibit A.6. Building materials shall consist of cement board horizontal lap siding, cement board shakes, and cement board with batten, with manufactured stone accents and profile asphalt shingles. at a minimum. 1.1.4 All of the assisted living portion of this site currently zoned TN-R, shall be rezoned to TN-C and the amended Development Agreement (MDA-O8-004) shall be recorded, prior to submittal of a Certificate of Zoning Compliance application for the assisted living facility. 1.1.5 Per UDC 11-3B-9C.6, open water ponds may comprise up to 25% of required open space area. All ponds with a permanent water level shall have recirculated water, as proposed, and shall be maintained such that it does not become a mosquito breeding ground. 1.1.6 A barrier with a minimum height of six feet (6'), shall be installed along the perimeter of any portion of the site that is accessible to patients with dementia or similar disabilities that cause disorientation, per UDC 11-4-3-29. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. 1.1.7 The applicant shall comply with the design standards in effect for the site and future structure on the site at the time of Certificate of Zoning Compliance application. 1.1.$ 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 a building permit for the proposed structure on the site. 1.1.9 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed structures. 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. 1.1.10 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). 1.1.11 The Applicant shall have a maximum of 18 months to commence the use as pemutted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.1.12 The assisted living facility may operate as a 24 hour care facility, as proposed. 1.1.13 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29 for nursing or residential care facilities. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 1.1.14 The applicant shall submit a copy of the Health and Welfare license with Certificate of Zoning Compliance application submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Overland Road. The applicant shall install mains to and through this subdivision; 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 W Overland Road and S Linder Road. 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 City of Meridian requires that pressurized imgation 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, asingle-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. 2.4 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. 2.5 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 maybe 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. 2.6 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. 2.7 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 permits. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncpznpleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.9 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. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.11 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.12 Cazxipaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.13 The engineer shall be required to certify that the street centerline elevations are set a xninimurn of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the footing is at least 1-foot above. 2.14 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.15 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 project. 2.16 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 hre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" 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'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. 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. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3.7 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. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The proposed development will have an estimated 187 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 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). 3.12 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, _ or as approved by the Meridian Fire De artment in writin 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 rn) 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). 3.14 .All electric gates are required to be 20' wide and be equipped with a Knoxbox key switch. Provide knoxbox access to garage at all access points. 3.15 There shall be a fire hydrant within 100' of all fire department connections 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 Pool chemicals shall be stored in compliance with the International Fire Code. 3.18 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gamey operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. The applicant shall comply with this re uirement or obtain written a royal from the Meridian Fire De artmeut for an modification thereof. 3.19 Provide detailed access and ventilation plan for underground parking structure. 3.20 All buildings will be required to be sprinklered per NFPA 13. 3.21 Provide a third access poi~at to the site when phase II is developed. Exhibit B Fage 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER I6, 200$ 3.22 Install bollards or an electric gate at the emergency access driveway proposed on Overland Road to restrict access to emergency vehicles only iu accordance with Fire Department standards. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Masan 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. 7. AriA COUNTY HIGHWAY DISTRICT (DRAFT) 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the previously approved conditions and requirements set with the South Ridge Subdivision application. 7.1.2 Construct a 5-foot detached concrete sidewalk on Overland Road abutting the site. The sidewalk shall be located a minimum of 41-feet from the centerline of Overland Road abutting the site. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 7.1.3 Construct a center left turn lane on Overland Road at the Spanish Sun entry road. Coordinate the design and construction of the center left turn lane with District Traffic Services and Development Review staff. 7.1.4 Construct one service/fire road to intersect Overland Road approximately 450-feet west of Spanish Sun Avenue if the service/fire roadway is to be gated or have bollards. If the service/fire road is not to be gated or have bollards, then the service/fire roadway it to loop around the building intersecting either Spanish Sun Avenue (a minimum of 160-feet south of Overland Road) or Southridge Drive(a minimum of 75-feet from Spanish Sun Avenue). 7.1.5 Construct afull-access commercial street, Spanish Sun Avenue, to intersect Overland Road located approximately 710-feet west of the existing centerline of Linder Road, as proposed. 7.1.6 Construct the following roadway segments as commercial roadways with standard 40-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 54-feet ofright-of--way unless other wise noted below: • Spanish Sun Avenue from Overland Road to Southridge Drive. Southridge Drive from Spanish Sun Avenue south to the roundabout intersection with American Frontier Drive. 7.1.7 The following internal commercial roadway segments shall be constructed to accommodate one parking lane, a center turn lane, and 2-travel lanes with on street parking restricted to one side of the roadway. Exhibit B Page 6 CITX OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 • Southridge Drive, from Spanish Sun Avenue to a point north of the splitter islands for the proposed round about (this location will have to be coordinated with District Traffic Services staff). 7.1.8 On street parking will be restricted on the following roadway segments: • Spanish Sun Avenue • Southridge Drive on the segments leading into the proposed 7.1.9 Construct one roundabout, as proposed. Coordinate the size and design of the roundabout with the District's Traffic Services staff. The roundabout should be designed in accordance with the District's Draft Roundabout Guidelines. Design the splitter islands to provide 21-foot street sections on either side of the center island. Dedicate the splitter island and the roundabout island as right-of--way. 7.1.10 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road. 7.1.11 Comply with all Standard Conditions of Approval. 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 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 72.6 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. 7.2.7 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 inr~provement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-o:f--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-o#=way. The applicant shall contact ACHD Traffic Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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. Exhibit B Page g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IIEARING AATF. OF OCTOBER 16, 2008 C. Require Findings from the Unified Development Code (UDC 11-SS-6E) Conditional Use Permit 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 Commission finds the existing site is large enough to accommodate the proposed use and meet most of the dimensional and development regulations of the TN-C district if the TN-R portion of the site is rezoned to TN-C as conditioned with this CUP. However, the proposed development does not comply with all of the dimensional standards of the TN-C district noted in the UDC. For this reason, a CUP is requested as required by UDC 11-2D-3B.4.b, for buildings in the TN-C district to exceed the maximum height limit required by UDC 11-2D- SA. ACUP is also requested to exceed the maximum building footprint square footage allowed in the TN-C district. Furthermore, the TN-C and TN-R zoning districts require 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 10 for more information. Off-street parking is required at the ratio of 0.5 per dwelling unit. Ninety four off-street parking stalls are required for this site based on the number of beds (187) provided for the residents of the facility; 149 are provided. The applicant complies with this requirement. Staff recommends the Commission 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 Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Ten Mile Interchange Specific: Mixed Use Commercial (MUC) & Medium Density Residential (MDR). If the TN-R zoned portion of this property is rezoned to TN-C as required, then the site should comply with applicable dimensional standards. The Commission finds that the proposed use.is generally harmonious with the requirements of the UDC and the objectives of the Comprehensive Plan (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 Commission 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 Commission 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. Exhibit C Page 1 CITY OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HT~ARiNG DATE OF OCTOBER I6, 2008 The Commission 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. 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 Commission finds that the site will be adequately served by the previously mentioned public facilities 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 far development. The Commission 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 Commission recognizes that traffic and noise is a concern; however, the Commission 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 Commission 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 Commission finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scexuc, or historic feature of major importance. Exhibit C page 2