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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008: '' STAFF REPORT Hearing Date: November 20, 2008 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: RZ-08-008 Beacon at Southridge E IDIAN~ IDAHO 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Eastern Washington-Idaho Synod of the ELCA, is requesting a Rezone (RZ) from the TN-R to the TN-C zoning district fora 12.76 acre site. A Conditional Use Permit (CUP) for an 87,757 square foot assisted living facility containing 187 residential units was approved for this property and the property directly to the north on November 18, 2008. The site of the assisted living facility is currently split zoned. As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C in order to have a consistent zoning for the entire site. The site was annexed in 2007as part of the Southridge development. 2. SUNIMARY RECOMMENDATION Staff has provided a detailed analysis of the requested RZ application below. Staff recommends approval of the application subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08- 008, as presented in the staff report for the hearing date of November 20, 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 RZ-08-008, as presented during the hearing on November 20, 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 RZ-08- 008 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'/o 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 Beacon at Southridge RZ-08-008 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 c. Representative: Van Elg or Phil Hull, The Land Group Inc. 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 d. Present Zoning District: 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 Justification for CUP Approval: Taken from the applicant's narrative, "With this change, the application would not require any specific requests for waivers or variance from city ordinance. The adjustment will help clarify a zoning boundary that would otherwise remain confusing and irrelevant to the current use." See the applicant's narrative submitted with the RZ application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. The subject application is for a rezone. A public hearing for a rezone is required before the Planning & Zoning Commission and City Council consisted with Meridian City Code, Title 11, Chapter 5. b. Newspaper notifications published on: November 3, 2008 and November 17, 2008 c. Radius notices mailed to properties within 300 feet on: October 24, 2008 d. Applicant posted notice on site by: October 24, 2008 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The surrounding area consists of rural residential and agricultural properties. c. Adjacent Land Use and Zoning 1. North: Agricultural land, zoned TN-C (recently approved for an assisted living facility) 2. West: Rural residentiaUagricultural 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 commerciaUother 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 subj ect parcel. - A Conditional Use Permit (CUP-08-027) was approved on the subject property and the Beacon at Southridge RZ-08-008 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 property directly to the north on the south side of Overland Road on November 18, 2008 for an 87,757 square foot assisted living facility containing 187 residential units. - 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 ACHD requirements. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This project will be served by the 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. Linder Road. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards that may exist on the site. 6. Existing Zoning: TN-R 7. Lot/Property Size: 12.76 acres £ Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from a planned public street, Southridge Drive that is proposed to intersect Overland Road approximately % mile west of S. Linder Road. 7. COMMENTS MEETING On October 30, 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 comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 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 maybe 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 Beacon at Southridge RZ-08-008 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 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 near 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 connected 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. Additionally, because of the nature of the approved use (i.e. older residents that don't drive), the traffic impact and occupancy won't be as high as an apartment complex. Staff finds that the proposed rezone to accommodate the approved assisted living facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds 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 within the corporate boundaries of the City. Municipal services will be provided in the following manner: - 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 (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will 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). The conditionally approved assisted living facility will contribute to the provision of a variety of long term health care options available in the community. Beacon at Southridge RZ-08-008 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 • 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 approved residential use of the property will be compatible with and have a low impact on the 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 proposed for access to the site, and other phases of the development, from Overland Road. This should help to reduce the number of access points on Overland Road. • 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 final 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 rezone to TN-C is consistent with the Comprehensive Plan and is compatible with existing and future surrounding uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-21ists the permitted, accessory, and conditional uses in the TN-C zoning district. Nursing or Residential Care Facilities (assisted living) are a conditional use in the TN-R zoning district. A CUP was approved on November 18, 2008 for an assisted living facility on this site. b. Dimensional Standards: Development of the subject property is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R district. c. 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. The assisted living facility will be the first of a mix of uses in this vicinity. A public library, elementary school, church, brownstones, single family residences, and commercial uses are proposed for this area in the future. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the RZ request as proposed, with the following comments: RZ: The applicant is requesting to rezone 12.76 acres of land from the TN-R district to the TN-C district As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C, consistent with the property to the north, so that the future assisted living facility would not be split zoned. Currently, the 4-story portion of the proposed assisted living facility would span across both the TN-C and TN-R districts (see Exhibit A.4). In the TN-R district, the maximum building height is 40 feet and the maximum height to eave providing roof access is 30 feet. The proposed structure exceeds the aforementioned height limitations. With approval of the rezone, development of the entire property would be consistent with the TN-C Beacon at Southridge RZ-08-008 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 district standards. The Comprehensive Plan future land use map designation for this property is MUC and MDR, which is consistent with the proposed TN-C district. Based on the policies and goals contained in the Comprehensive Plan and the future land use designations of MUC and MDR for this site, Staff believes that the requested rezone to TN-C is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a DA with the City that may require some written commitment for all future uses. A DA already exists for the Southridge development in which this property lies. An amendment to the DA was recently approved by City Council that tied development of the entire Southridge property to a master conceptual plan. The master plan depicts an assisted living facility on the subject property as proposed by the applicant. Further, the CUP approved for this site also requires the applicant to comply with the site plan and building elevations attached in Exhibits A.2 and A.3. For these reasons, Staff does not feel a new DA or an addendum to the existing DA is necessary. If the Commission or Council believes that an amendment to the existing DA is necessary, then staff recommends a clear outline of the commitments of the developer being required. b. Staff Recommendation: Staff recommends approval of the rezone for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of November 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) 3. Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) 4. Zoning Boundaries (Current) B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code (UDC 11-SB-3E) Beacon at Southridge RZ-08-008 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) l~ ~ s ~ ~ i~ ~~ ~~ DEVELOPMENT CONTACTS ~, ee!aga~+® ~FiRf.. ~ ~ Pond ~ ~ ~ t .~' ~ ~~~ ~_ i~ ~ ~ ~' i - _ ` ~ __~ 1 . PH' ~or~ dsro~es_"~~ ~~ ~ 1 ~ 2-5rory OvoiWllnderground Parkiny~~r- ~ 1 -Fa Unirs, ib Unitspcr Building `: %/ `;/~~ Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 3. Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) ,~ ,~~~. The Beacon at South Ridge Meridian,~D Front View ~r ~'~.1 ECI,'MEN t ~~ 1 ~ Courtyard View Front Entry The Beacon at South Aidge ~'~ Meriden, Ib -~ Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 -;~~ ~~~ ~ i ~.~.., YA ~~ _>~~ --~ View from Southeast '~' ~.~ -__--~' ., ejq~,Nr'\V4C'JY.~vt. View from East 1- View from West ~?~'J ECVI~EN' ni.A.~nw Exhibit A Page 4 View from North PROiECf The Beacon at South Ridge • - Meridian, ID o. to ~e 1 COMMI551(IN ~IilsiDa025 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 4. Zoning Boundaries (Current) Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The. rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. 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 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, 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 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. 2.6 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 uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 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. 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 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. 2.13 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 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 The applicant shall comply with all conditions of approval of CUP-08-027 for the Beacon at Southridge assisted living facility. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department had no comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 7. ADA COUNTY HIGHWAY DISTRICT On October 20, 2008, the Ada County Highway District acted on MCUP-08-027 for Assisted Living Facility. The conditions and requirements also apply to MRZ-08-008. • Prior to final approval you will need to submit construction plans to the ACRD Development Review Section to insure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway Dlsh'ict. • A traffic impact fee will be assessed by ACRD and will be due prior to the Issuance of a building permit. Contact ACWD Planning Si Development Services at 387.6170 for information regarding impact fees. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 C. Legal Description & Exhibit Map ~.+: THE: LAND Gat)UP, iNC. Thence South 56°34'44" East a distance of 25.03 feet to a point; Thence 90.45 feet slang the arc of anon-tangent curve to the left, said curve having a radius of 3(10,(!0 feet, a central angle of 17°! 6'28", a chord bearing of South 27°34' 17" West, and a chord distance of 94.11 feet to a Matt; Thence South 1.8°52'04" West a distance of 113.44 feet to a point« Thence 1.53.24 feet along the arc of a circular curve to the right, said curve having a radius of 304.00 feet, a central angle of 29°15'58"', a chord bearing of South 33°34'01" West, and a chord distance of 151.58 feet to a point; 'T'hence South. 48°08'40" West a distance of 161.28 feet to a paint; Thence South. 56°00'S6" Wost a distance of 104.16 feet to a point; Thence 178.24 feet along the arc of a circular curve to the left, said curve having a radius of 285,47 fact, a central angle of 3S°46'26", a chord bearing of South 36° 15'27" West, and a chord distance of 175.36 feet to a poin>4 Thence South 18°41 `27" West a distance of 98,38 feat to a paint; Thence 74,69 Poet along the arc of a circular curve to dte right, said curve having a radius of 45.00 feet, a central angle of 40°00'00", a chard bearing of South 63°4!'27'" West, and a chord distance of 63.64 feet to a paint; Thence North 71°18'33" West a distance of 255.14 feet to s paint; Thence 1.0$.69 few along the arc of a circular curve to the right= said curve having a radius of 316,75 feet„ a central angle of ! 9°39'37"', a (shoed bearing of Borth 62°01'40" West, and a chard distance of 108.1.5 foe( to a point; Thence 53.74 feet along the arc of a circular curve to the loft, said curve having a radius of 344:00 foe(, a central angle of 10° i 6"25", a chard bearing of North 57°20'04"` West, and a chard distance .of 53,72 feet tii a point; Thence. North 2$°49"56" East a distance of 25.01 Poet to a point; Thence North 00°38'49" East a distance of 689.41 feet to the POINT flF 13EG1N1` ING. The shave-described tract of land contains 12..76 acres, more or less, subjccrt to any existing easements or rlgltts-of-way. The above legal description is written for rezoning purposes anty~ and is not intended far the use of transfercing praperty rights. Attaa:hed hereto is Exhibit "!3" and by this reference is made a part hereof, Pr~ared By: THE 1,ANU G1tOtrP, INC. 462 E. SHORE DRIVE. SI.IITE 100 EAGLE, IDAHO 83616 208°439-4041 248-939-4445 (FA,X) t2EVE P YAL BY flCT 2 d ~ W~ yAN ~EP7fC C.~mtn:.?sae',4r:.ktr,tu.rr~rrrpf~nnu~rC/~iym~rf:e~'~ewrtrT ~'E rGsep~`rGoausa~rade.+ ~Ps3 t:. Shtr~e f7rtvr, `tr. 77q't, E~g#r, tr~hto SY4tb r P ~31}.939.8D4S P 2(?fi.91$.4d45 * ~`~ rh 6 n kerra,rs,`.".SSAA1 e, ~„~~~.~:~,is.1~,•,,~e1.t;;~t.astcas~astt~dc,~ Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 Situeted in a partian at the N 112 at the NE 1!4 at Section 23, Tawrtship 3 Narth, Range 1 West, B.M. City of Meridian. Ada Caunty. Naha 20a8 W. C1VFR1.At~ID RQ i4 ...................................... sas~s'at~e zsst.a~a..,.................................... ~14 13 515.41` 1745.32' 23 _.. -._ ..~. 1'cxxr~la arrays cap >vt>R~ 1/4 c4~r+Ea SECTItNJ 23 ~ ~c ~ w ~ l 5i w .,_ P01N i pF' ~~~ .T _. ~ ~ 23 24 eo~o 1/~" s~ e>v NOitt1#AST tX1RNfR SEC1H)N 23 ~-~ N40'~Di'S4"E (-i 19.46' N54'25'54'E 38.74' ~"' '" N1 T43'45"E ~~ , ~ ,,,ti,,,, ~,e ~~ ~[ p~ f NC7['r~ ./~~/ '~/1011.-00' / '' ~ /~,'` ~~~ ~, ,~% r /~, ` f~, . i r' ,^ ; f`~ `1.7.5" ~ ~` /' r ,~,r ~f i ~ ,~~/'~ ,',rf~' ,'' 549'4545 E /~ r /~;/~/' 5'18 a2'04`N' Tai "/' ~.'' /' / y:" /`~/ '°/''': 2<,~ ~ ~/ ~' r' 1t3~;44' r l r'~ J /~, 3~,r Parcel "A" ~~/ /. /~, f ' err j Current Tax District: TN-R f,~~%`~ rf >'/~' ~.-~'Propased Taal Oi~ttict: TN-C .~' ,/;~~'';°~ t a.~rs ~:AC sss~oo'sr~~! ~ ~,. ' / ,~' ;'" ,/ % s /" ~ f ,~ ~ 104.18' ~ rf~, C,r~ ',/"~ ~ f,,r"" ~„ ,, ,, ~ BY ~° ~'/,~ r, ~~ ~ ~~ I„A~b .r'~aY ' °° 518'41'27"W uBLiC 1~ ~,WSrER '~'~-R {r f ~ ~~ ~ yy4RKS 47EpT~ 12459 ~ ~`-$ ~,y. ~'~~ of ~ ~ , ''~', ~''~'~ -SEE SFfEET 2 F4R CURVE TABLE AfVE3 LEGEND- ~ , . t?$ F.>{n,~t~ ^e° 17r~to,r~c~' 1r1FO~aaarlor4 sire: r' = 2orr ~r'~"; '11~ 1,A8~ c~t,t~+. H~ ~xhlb~t "~" ~o-a~-oe OH115 ^!G 4 "1~f.i p ~m "~~ ~~, ~ r" FieZQne Exhibit qt I SM. 9. 1'agv D d3S'( ~' Sc~uthridge -Pope 1 of 2 Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 D. Required Findings from Unified Development Code .(UDC 11-SB-3E) 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to TN-C. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed use of the property for an assisted living facility is consistent with the requested TN-C zoning district and future land use map designation of MUC & MDR for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 STAFF REPORT Hearing Date: November 20, 2008 TO: Planning & Zoning Commission w IDIAN:-- FROM: Sonya Watters, Associate City Planner C� (208) 884-5533 SUBJECT: RZ-08-008 Beacon at Southridge 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Eastern Washington -Idaho Synod of the ELCA, is requesting a Rezone (RZ) from the TN-R to the TN-C zoning district for a 12.76 acre site. A Conditional Use Permit (CUP) for an 87,757 square foot assisted living facility containing 187 residential units was approved for this property and the property directly to the north on November 18, 2008. The site of the assisted living facility is currently split zoned. As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C in order to have a consistent zoning for the entire site. The site was annexed in 2007as part of the Southridge development. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested RZ application below. Staff recommends approval of the application subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number RZ-08- 008, as presented in the staff report for the hearing date of November 20, 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 RZ-08-008, as presented during the hearing on November 20, 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 RZ-08- 008 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 Beacon at Southridge RZ-08-008 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 c. Representative: Van Elg or Phil Hull, The Land Group Inc. 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 d. Present Zoning District: 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 Justification for CUP Approval: Taken from the applicant's narrative, "With this change, the application would not require any specific requests for waivers or variance from city ordinance. The adjustment will help clarify a zoning boundary that would otherwise remain confusing and irrelevant to the current use." See the applicant's narrative submitted with the RZ application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. The subject application is for a rezone. A public hearing for a rezone is required before the Planning & Zoning Commission and City Council consisted with Meridian City Code, Title 11, Chapter 5. b. Newspaper notifications published on: November 3, 2008 and November 17, 2008 c. Radius notices mailed to properties within 300 feet on: October 24, 2008 d. Applicant posted notice on site by: October 24, 2008 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The surrounding area consists of rural residential and agricultural properties. c. Adjacent Land Use and Zoning 1. North: Agricultural land, zoned TN-C (recently approved for an assisted living facility) 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 commercial/other 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 Conditional Use Permit (CUP-08-027) was approved on the subject property and the Beacon at Southridge RZ-08-008 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 property directly to the north on the south side of Overland Road on November 18, 2008 for an 87,757 square foot assisted living facility containing 187 residential units. ➢ 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 ACHD requirements. e. Existing Constraints and Opportunities I. Public Works Location of sewer: This project will be served by the 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. Linder Road. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards that may exist on the site. 6. Existing Zoning: TN-R 7. Lot/Property Size: 12.76 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from a planned public street, Southridge Drive that is proposed to intersect Overland Road approximately % mile west of S. Linder Road. 7. COMMENTS MEETING On October 30, 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 comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 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 Beacon at Southridge RZ-08-008 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 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 near 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 comer 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 connected 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. Additionally, because of the nature of the approved use (i.e. older residents that don't drive), the traffic impact and occupancy won't be as high as an apartment complex. Staff finds that the proposed rezone to accommodate the approved assisted living facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds 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 subjectproperty. The subjectproperty is within the corporate boundaries of the City. Municipal services will be provided in the following manner.• ➢ 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 (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will 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). The conditionally approved assisted living facility will contribute to the provision of a variety of long term health care options available in the community. Beacon at Southridge RZ-08-008 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 • 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 approved residential use of the property will be compatible with and have a low impact on the 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 H, Objective A, Action 12). A public street, Southridge Drive, is proposed for access to the site, and other phases of the development, from Overland Road. This should help to reduce the number of access points on Overland Road. • 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 final 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 rezone to TN-C is consistent with the Comprehensive Plan and is compatible with existing and future surrounding uses. 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 zoning district. Nursing or Residential Care Facilities (assisted living) are a conditional use in the TN-R zoning district. A CUP was approved on November 18, 2008 for an assisted living facility on this site. b. Dimensional Standards: Development of the subject property is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R district. c. 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. The assisted living facility will be the first of a mix of uses in this vicinity. A public library, elementary school, church, brownstones, single-family residences, and commercial uses are proposed for this area in the future. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the RZ request as proposed, with the following comments: RZ: The applicant is requesting to rezone 12.76 acres of land from the TN-R district to the TN-C district As a condition of approval of the CUP, the applicant was required to rezone the portion of the site zoned TN-R to TN-C, consistent with the property to the north, so that the future assisted living facility would not be split zoned. Currently, the 4-story portion of the proposed assisted living facility would span across both the TN-C and TN-R districts (see Exhibit A.4). In the TN-R district, the maximum building height is 40 feet and the maximum height to eave providing roof access is 30 feet. The proposed structure exceeds the aforementioned height limitations. With approval of the rezone, development of the entire property would be consistent with the TN-C Beacon at Southridge RZ-08-008 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 district standards. The Comprehensive Plan future land use map designation for this property is MUC and MDR, which is consistent with the proposed TN-C district. Based on the policies and goals contained in the Comprehensive Plan and the future land use designations of MUC and MDR for this site, Staff believes that the requested rezone to TN-C is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a DA with the City that may require some written commitment for all future uses. A DA already exists for the Southridge development in which this property lies. An amendment to the DA was recently approved by City Council that tied development of the entire Southridge property to a master conceptual plan. The master plan depicts an assisted living facility on the subject property as proposed by the applicant. Further, the CUP approved for this site also requires the applicant to comply with the site plan and building elevations attached in Exhibits A.2 and A.3. For these reasons, Staff does not feel a new DA or an addendum to the existing DA is necessary. If the Commission or Council believes that an amendment to the existing DA is necessary, then staff recommends a clear outline of the commitments of the developer being required. b. Staff Recommendation: Staff recommends approval of the rezone for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of November 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) 3. Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) 4. Zoning Boundaries (Current) B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code (UDC 11-513-3E) Beacon at Southridge RZ-08-008 PAGE 6 RI CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 A. Drawings 1. Vicinity/Zoning Map R8 TN R Site R-4 I R2 W R4 I I I R8 4� oft Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 2. Site Plan Approved with CUP-08-027 (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) DEVEELCPk%W CyONNTAACCT9 Z °"""8ke Plan a I ia iaZ �a m WEST OO4E RL AND ROAD ---L--7:7 ' � i I 40 I \E . , j Pr Ph x s j _ •, r � Site Boundary r 19.75 Acres 2omng: TN:C TN R i i 25t y0 rU d g dP,i k g I I "'61U t 16 Unt pl B Id-ig y,��� i/j� Q 1 �1 Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 I Building Elevations Approved with CUP-08-027 (prepared by Pope Architects) r.tow PtUIER The Beacon at South Ridge Meridian, ID of ttce t CUMMISSIOw azriz"ww+ Front View 0mU)ER The Beacon at South Ridge Meridian,ID z 1. t COMM —111— tf �:br .v 17 a - Courtyard View Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 View from Southeast 0 View from North The Beacon at South Ridge Meridian, ID�� of i»e { CpMMI5510N wxr>szodois View from East View from West ECVT-cEN Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 4. Zoning Boundaries (Current) Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The rezone legal description submitted with the application (stamped on October 6, 2008 by Aaron Ballard, PLS) and included in Exhibit C shows the property within the existing corporate boundary of the City of Meridian. 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 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. 2.4 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 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. 2.6 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 uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 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. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be 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 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. 2.13 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 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 The applicant shall comply with all conditions of approval of CUP-08-027 for the Beacon at Southridge assisted living facility. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department had no comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 7. ADA COUNTY HIGHWAY DISTRICT On October 20, 2008, the Ada County Highway District acted on MCUP-08-027 for Assisted Living Facility. The conditions and requirements also apply to MRZ-08-008. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. A traffic impact fee will be assessed by ACHD and will be due building permit. Contact ACHD Planning & Development information regarding impact fees. prior to the issuance of a Services at 387-6170 for Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 C. Legal Description & Exhibit Map THE: LAND GROUP, INC, Thence South 56134'4 4" East a distance of 25.03 feet to a point; Thence 90.45 feet along the are of a non -tangent curve to the left, said curve having a radius of 300.00 feet, a central angle of 171628", a chord bearing of South 27'3917" West, and a chord distance of 90.11 feet to a point; Thence South 18152'04" West a distance of 113.44 feet to a point; Thence 153.24 feet along the arc of a circular curve to the right, said curve having a radius of 300.00 feet, a central angle of 29115'58", a chord bearing of South 33'30'01" West, and a chord distance of 151.58 feet to a point; Thence South 48'08'00" West a distance of 161.28 feet to a point Thence South 56'00'56" West a distance of 104,16 feet to a point; Thence 178,24 feet along the arc of a circular curve to the left, said curve having a radius of 285.47 feet, a central angle of 35'46'26", a chord bearing of South 36'15'27" West, and a chord distance of 175.36 feet to a point Thence South 18'41'27" West a distance of 98.38 feet to a point; Thence 70,69 feet along the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a central angle of 90°00'U0", a chord bearing of South 63141'27" West, and a chord distance of 63.64 feet to a point; Thence North 71' 18'33" West a distance of 255.14 feet to a point; Thence 108.69 feet along the arc of a circular curve to the right, said curve having a radius of 316.75 feet, a central angle of 19'39'37", a chord bearing of North 62°01'40" West, and a chord distance of 108.15 feet to a point; Thence 53.79 feet along the are of a circular curve to the left, said curve having a radius of 300.00 fact, a central angle of 10' 1625". a chord bearing of North 57'20'04" West, and a chord distance of 53.72 feet to a point, Thence North 28'49'56" East a distance of 25.01 feet to a point; Thence North 00'38'49" East a distance of 689.41 feet to the PODiT OF BEGINNING, The above -described tract of land contains 12.76 acres, more or less, subject to any existing easements or rights -of -war•. The above legal description is written for rezoning purposes only and is not intended for the use of transferring property rights. Attached hereto is Exhibit "B" and by this reference is made a part hereof Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 AL� EAGLE, IDAHO 83616 s 208-9394041 208-939-4445 (FAX) REYt P VAt. 12459 x a fi BV 4� of 1 4 OCT 20 2005 ' . t,4kR141AN PUBLIC`-' ^'�"Q z+' WraRK°a DEPT. tukry,. * Sim Pm..e'g.e t w,g. 462 E. Share Chive, im 100, F,toe, Idaho 836t6 0 P 209.939.4041 F -'48939.4445 • ft� ! ft,etaa� > 3PW� �rfi G't20MA$115'°°.A.rnm \I.cpzkc L tl aOS Popc Rezana a#1 t5.dnc Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20,2008 Situated in a portion of the N 1/2 of the NE 1 `4 of Section 23, Township 3 North, Range I West, S.M. City of Meridian, Ada County. Idaho 2008 14 .............. ............... S8919'41*E 2661.73 ............... ..................... — I 915.41' AU2' 14 13 23 CO-23 24 FOLAID BRASS CAP FO(M 1/2- STEEL PIN NORM 1/4CORNER VJJ SECTION 23 NORNEAST COWER SECTION 23 TN_C NQVI'54'E POIN T OF 1i9,46' 8EQWNC_\ 7 7T Ls63N59255eE_ FA 11 N 50-W A; NIT43'WE NOT A 1100.00, PAKT �3 5563444' 2 536*59'38'E/ 7" N16513,05' 04 E S49-45'46 24 88"' 113.44' Parcel "A" Current Tax District: TN-R ,,Proposed Tax District: :t TN-C Ft 556039.80 iSq 12.76 ±AC 104.16' TN-R L Cfr BY OCT 2 0 20 ,e�NL LAAr SI8'4I'v'W TER E '0 ?4 14, 9&X NEFLIDIAN PUBLIC TN-R WrIRKS 12459 R-8 4?t OF -SEE SHEET 2 FOR CURVE TABLE AND LEGEND- Elhibil "B' PROJECT INFORMATION Scwe 1" -200' TM LAM ORDUP. M W'ot 1v rv—r-v Exhibit "B" %Q08115 9I.PA. e. Rezone Exhibit 1rOww—' me wSouthridge - Pope o2 I Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 20, 2008 D. Required Findings from Unified Development Code .(UDC 11-513-3E) 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to TN-C. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed use of the property for an assisted living facility is consistent with the requested TN-C zoning district and future land use map designation of MUC & MDR for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11-513-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D Page 1