HomeMy WebLinkAboutLocust Grove Plaza CUP-08-032~1
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CITY OF MERIDIAN ~~ ~ , ~i,~,., -~
~~ ~ FINDINGS OF FACT, CONCLUSIONS OF Ei IDIAN%;,~,
`~ LAW AND
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~;~~"~ DECISION & ORDER
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In the Matter of Conditional Use Permit for Approval of a Residential Care Facility in an
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L-O Zoning District, Located at 1695 S. Locust Grove Road, by Ruby Edwards:
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"~ Architecture + Design.
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Case No(s). CUP-08-032
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'~' For the Planning and Zoning Commission Hearing Date of: February 5, 2009 (Findings on
' ~ ' ''` February 19, 2009)
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A. Findings of Fact
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m^ ~ 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2009,
.. ` ~~~ incorporated by reference)
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=-~ 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2009,
~k~ incorporated by reference)
"~ ~': 3. Application and Property Facts (see attached Staff Report for the hearing date of
~ ~`"~~ February 5, 2009, incorporated by reference)
u; ~ 4. Required Findings per the Unified Development Code (see attached Staff Report for the
~~~~~ hearing date of February 5, 2009, incorporated by reference)
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~ ~~~ 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).
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~~ 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
as';,~ Development Code codified at Title 11 Meridian City Code, and all current zoning maps
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,_ ~, thereof. The City of Meridian has, by ordinance, established the Impact Area and the
~~t~ Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
°~~ 2002, Resolution No. 02-382 and Maps.
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3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
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`~ 4. Due consideration has been given to the comment(s) received from the governmental
~~ subdivisions providing services in the City of Meridian planning jurisdiction.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-032
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5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by 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 February 5, 2009, 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 Planning & 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 of the staff report dated February 5, 2009, 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 February 5, 2009, 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. For 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
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-032
Page 2
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Commission 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
1. 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 more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of February 5, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-032
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the l `7
day of (~ 2009.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED_~~
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED G~
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Tara Green, eputy City Clerk `~
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Copy served upon Applicant, The Planning ~e~ ~~~~,~~rb`1ic Works Deparhnent and City
Attorney.
Dated: ~'a~ ~~
By:
City erk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-032
Page 4
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STAFF REPORT Hearing Date: February 5, 2009
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TO: Planning & Zoning Commission E IDIAN~%^''
FROM: Sonya Watters, Associate City Planner ~ ~ ~ H C~
-'~'~ 208-884-5533
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SUBJECT: CUP-08-032 -Locust Grove Plaza
'? ~' I. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST
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The applicant, Ruby Edwards: Architecture + Design, has applied for Conditional Use Permit (CUP)
:~ approval of a residential care (assisted living) facility in an L-O district, as required by UDC Table
'~, 11-2B-2.
,~~ The applicant is proposing a 30,106 square foot, two story, 54-bed, assisted living facility to be
~' ?~~~'~ ' constructed in two phases. The first phase will consist of 30 beds with a 24 bed future expansion. See
Section 10 of the staff report for more information.
~` - II. SUNIlVIARY RECOMMENDATION
- ~ Staff is recommending approval of the proposed development with the conditions of approval listed
k~~: in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
"~: The Meridian Planning and Zoning Commission heard this 'item on February 5. 2009. At the
,~ ~~ ry~{~ public hearing, they moved to approve CUP-08-032.
a. Summary of Commission Public Hearing:
3: i. In favor: Scot Halladay
:: ' ii. In opposition: None
~~ ~ iii. Commenting: None
'~'~ iv. Written testimony: Mike Ball, Sportsman's Pointe HOA President; Mike
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Bussert; and the applicant's response to the staff report
~` x~' v. Staff presenting application: Sonya Watters
~. s` vi. Other staff commenting on application: None
" -~ b. Kev Issues of Discussion by Commission:
,.r, r i. Discussion about site lighting in relation to the pathways. buffer area along the
-;~ ~ west boundary, and residential neighbors;
` °~ ~~ ii. Testimony regarding raising the height of the berm more than the proposed 2
~:~ feet to shield the neighbors from headlights.
r2;~1 c. Kev Commission Changes to Staff Recommendation:
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~` i. None
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~` '~'~". lII. PROPOSED MOTION
_t Approval
~' ~= After considering all staff, applicant and public testimony, I move to approve File Number CUP-08-
032, as presented in the staff report for the hearing date of February 5, 2009 with the following
'` °~ modifications: (Add any proposed modifications.)
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Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-032,
,~ n = as presented during the hearing on February 5, 2009, for the following reasons: (you must state
;' ~~'s= specific reasons for denial and what the applicant could do to obtain your approval in the future). I
" ' `° further move to direct Staff to prepare an appropriate findings document to be considered at the next
__ _
Locust Grove Plaza CUP-O8-032 PAGE 1
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Planning and Zoning Commission meeting on February 19, 2009.
Continuance
I move to continue File Number CUP-08-032 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1695 S. Locust Grove Road, on the southwest comer of S. Locust Grove
Road and E. Overland Road, in the northeast 1/ of Section 19, Township 3 North, Range 1 East.
B. Owner(s):
Locust Grove Plaza, LLC
2548 Stokesberry Place, Ste. 105
Meridian, ID 83642
C. Applicant:
Ruby Edwards: Architecture + Design
200 N. 4~' Street, Ste. 101
Boise, ID 83702
D. Representative:
Wescott Edwards, Ruby Edwards: Architecture + Design (208-345-7323)
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: January 19, and February 2, 2009
C. Radius notices mailed to properties within 300 feet on: January 9, 2009
D. Applicant posted notice on site by: January 23, 2009
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Residential uses abut the site
on the west and south. A convenience store/gas station exists across Overland Road to the north
and vacant land exists across Locust Grove to the east and northeast.
1. North: Overland Road and Maverik c-store/fuel station, zoned C-G
2. East: Locust Grove Road; Vacant land, zoned C-G
3. South: Sportsman Pointe Subdivision, zoned R-4
4. West: Sportsman Pointe Subdivision, zoned R-4
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~t - C. History of Previous Actions:
u - In 2007, the subject property was granted Annexation and Zoning (AZ-07-004) approval by
` `'~y City Council with an L-O zoning district. A Development Agreement was approved with the
~~'F~= annexation (Instrument No. 107126900) restricting the site to office uses. Alternative
~ ,~~ ;'' ~ Compliance (ALT-07-005) was approved for construction of a concrete landing, retaining
walls, and two stairways within the required street landscape buffers. Design Review (DES-
07-002) approval was also obtained for the site and building at that time.
- A Development Agreement Modification (MDA-08-006) was approved by City Council on
January 13, 2009, which allowed for the operation of an assisted living facility on the site
:~~' with conditional use approval, along with principal permitted uses in the L-O district. A new
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site plan and building elevations were also included in the DA for the proposed assisted living
;~~ facility.
~` ~ ~'#' D. Utilities:
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-~: ~,_ 1. Public Works:
a. Location of sewer: E Overland Road.
w ~' b. Location of water: E Overland Road
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c. Issues or concerns: None
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~', E. Physical Features:
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1. Canals/Ditches Irrigation: NA
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~` 2. Hazazds: Staff is not awaze of any hazazds that exist on this property.
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- 3. Flood Plain: A small portion of this site along the northwest property boundary lies within the
}= XS flood zone but is not within the floodway.
w`~ 4. Topography: The geography of this site slopes down significantly from the adjacent streets.
' ~'h' F. Access: One access point to/from the site is proposed to/from Locust Grove Road at the south end
~ ~ ^j of the site; no access is proposed or approved to/from Overland Road.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
~` This site is designated as "Office" on the Comprehensive Plan Future Land Use Map. Per Chapter VII
~' ~ the office designation provides for opportunities for low-
of the Comprehensive Plan (page 106)
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impact business areas. These would include offices, technology and resource centers; ancillary
"''~ ~ commercial uses maybe considered (particularly within research and development centers or
'~ ~ technological parks).
'~` While the proposed use of the site is not an office as designated on the future land use map, staff
,` ~' believes the proposed assisted living facility is similaz in intensity to an office use, or maybe less, and
~_~''~ will serve as a buffer between existing and future higher intensity commercial uses and abutting
residential properties. The UDC (Table 11-2B-2) allows residential care facilities as a conditional use
in the L-O district. Because the site is already zoned L-O and abuts a residential neighborhood on the
:~~ west and south boundaries, Staff believes the proposed use is compatible with the adjacent residential
uses and the intent of the Office designation. Additionally, the amount of traffic generated by the
r proposed use should be comparable to that of an office use. Therefore, Staff believes the assisted
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yy.~ living facility is an appropriate use on this site and is consistent with the intent of the Comprehensive
~; .; Plan.
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Locust Grove Plaza CUP-08-032 PAGE 3
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Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the subject property 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 (ACFID). 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 and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
Staff believes that the proposed residential use of the site will be compatible with and have a low
impact on the existing adjacent residential uses to the west and south. The applicant is proposing
to construct a 20 foot wide landscape buffer and 6 foot tall vinyl fence along the residential
property boundaries as a buffer between land uses.
• Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping is depicted on the landscape plan
for the proposed project. All landscaping shall be installed and maintained on the site in
accordance with the standards listed in UDC 11-38.
• 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.
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors
and arterial streets.
Only one access is proposed to/from Locust Grove Road, an arterial street; no access points are
proposed or approved to/from Overland Road.
Locust Grove Plaza CUP-08-032
PAGE 4
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VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, and
conditional uses in the L-O zoning district. The proposed assisted living facility is classified as a
nursing/residential care facility use, per UDC 11-1A-1. As such, conditional use approval is
required for the proposed use in the L-O district. Additionally, specific use standazds apply to this
type of use (see UDC 11-4-3-29).
B. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district
proximity to streets and highways.
C. Dimensional Standazds: Development of the site shall comply with the dimensional standazds
listed in UDC 11-2B-3 for the L-O zoning district.
D. Landscaping
1. Width of street buffer(s): 25 feet adjacent to E. Overland Road, a principal arterial street; and
25 feet adjacent to S. Locust Grove Road, a minor arterial street
2. Width of buffer(s) between land uses: 20 feet
3. Percentage of site as open space: NA
4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater
that aze removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement. There are some existing trees on the site that are greater than
4-inch caliper that are proposed to be removed. Elroy Huff, City Arborist, verified the
existing trees consist of dead, dying, or hazardous trees that do not require mitigation, per
UDC 11-3B-IOC.S.
E. Off-Street Pazking: UDC Table 11-3C-6 requires 0.5 pazking spaces per bed; 54 beds aze
proposed. Based on this amount, 27 parking stalls would be required; 29 aze proposed, which
complies with this requirement.
1X. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. CUP Application: Conditional use permit approval is requested fora 30,106 square foot, 54-
bed, assisted living facility in an L-O district. The Comprehensive Plan designation for this
site if Office. Staff is supportive of the proposed use on this site and believes it is consistent
with the Comprehensive Plan (see Section VII above for more information).
Specific Use Standards: Per UDC 11-4-3-29, the following standazds apply to nursing or
residential caze 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.
Locust Grove Plaza CUP-08-032 PAGE 5
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~,~ 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 standazds division. The
recommended conditions require the applicant to comply with this requirement.
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B. Additional standazds for uses providing care to children and juveniles under the age of
'` ' eighteen (18) yeazs: (Not applicable)
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1. All outdoor play azeas shall be completely enclosed by a minimum six foot (6') non-
~~-~ 4 scalable fence to secure against exitlentry by small children and to screen abutting
p~5 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 yazd.
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3. Outdoor play azeas in residential districts or uses adjacent to an existing residence
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k'-'. ~ . a:rl shall not be used after dusk.
=~ ~ r' C. Additional standards for uses providing Gaze to patients who suffer from Alzheimer's
disease, dementia or other similar disability that may cause disorientation: Abarrier with
s ~%; ° 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 in accord with Title 10 of this
- code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) The applicant states that this facility will
~~~. not house patients with Alzheimer's or similar disabilities that may cause dementia.
`'` Site Plan: The site plan submitted with this application (prepazed by Ruby Edwards:
Architecture + Design, labeled as Sheet Al .1, dated 11/20/08) depicts one 15,730 square foot
~a~; : building pad fora 30,106 square foot building to be constructed in two phases. The proposed
`'~ ~ ~~ on-site pazking meets and exceeds UDC standards. The two-story building is proposed to be
located away from the adjacent residential property boundary next to Locust Grove and
Overland Roads with parking at the reaz of the structure adjacent to the residential properties.
-:;;',:~ Staff has reviewed the proposed site plan and found it complies with the dimensional
standazds listed in UDC Table 11-2B-3 for the L-O zoning district.
Landscape Plan: A landscape plan was submitted with this application (prepared by Ruby
~ ~ Edwazds: Architecture + Design, labeled as Sheet L1.0, dated 11/25/08). The plan depicts a
;~ ~ ~ 25-foot wide street buffer along both Overland and Locust Grove Roads; a 20-foot wide
k`-~~%~" landscape buffer and 6-foot tall vinyl fence along the west and south property boundaries
adjacent to residential uses; a berm along the west boundary that projects 2 feet above the
pazking area to shield neighboring residential properties from caz headlights; and internal
'a~;~~{; ° parking lot landscaping. The applicant has submitted across-section of the proposed berm
that depicts "anti-personnel" landscaping along the west and south property boundaries
between the berm and the fence to deter people from loitering in this azea in response to
€~"G~ concerns of the Police Department. Staff and the Police Depaztment aze supportive of the
proposed landscape plan and cross-section of the berm as they comply with the standazds
`, ..~;; listed in UDC 11-3B and meet security concerns.
Access: One access point to/from the site is proposed to/from Locust Grove Road at the south
end of the site; no access is proposed or approved to/from Overland Road. No stub streets
exist to this site; the property surrounding the site on the west and south is already developed.
Staff and ACFID are supportive of the proposed access.
Y-l~ Sidewalks: The conceptual site plan depicts a 7-foot wide attached sidewalk along both
Overland and Locust Grove Roads. The Comprehensive Plan (page 55) requires detached
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Locust Grove Plaza CUP-08-032
PAGE6
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sidewalks along all arterial streets within the City. Because the existing sidewalks were
recently constructed with adjacent road improvements, staff is not requiring new detached
sidewalks to be constructed on this site.
Fencing: The applicant is proposing to replace the existing wood fence along the west and
south property boundaries with a 6-foot tall vinyl fence.
Building Elevations: The Applicant has submitted building elevations with this application
that are included in Exhibit A. Building materials depicted on the elevations include shake
siding in two different colors, lap siding, a belly band, simulated stone veneer, and
architectural composition roof shingles. Staff is supportive of the proposed elevations as they
comply with the design standards listed in UDC 11-3A-19C and the elevations in the
amended Development Agreement for this site. The future building constructed on this site
shall substantially comply with these elevations.
2. Alternative Compliance (ALA Application: The applicant is requesting approval of
Alternative Compliance to construct retaining walls and a plaza area within the required street
buffers along Overland and Locust Grove Roads. Per UDC 11-3B-7C.6, except for
walkways, driveways, and signs, impervious surfaces are prohibited within required street
buffers. Because this lot has considerable slope from the east to the west, the site requires
substantial excavation in order for the building to be built at a level between the adjacent
residential neighborhood and the intersection, making retaining walls necessary in certain
areas.
As mitigation for impervious surfaces to be located within the street buffers, the applicant
proposes to construct a water feature, outside seating area (plaza) with landscape planters,
trees, and pedestrian pathways as amenities for the development.
Per UDC 11-SB-SB.2, requests for alternative compliance are allowed when a site involves
space limitations or an unusually shaped lot. Staff believes that this parcel has space
limitations due to its size and irregular shape. For this reason, Staff is supportive of the
request for Alternative Compliance as proposed. See attached Findings in Exhibit D for
more information. Note: Per UDC 11-SA-2, Alternative Compliance applications are
approved at administrative level by the Planning Director. However, because ALT is
requested concurrently with the CUP, Staff has included analysis on the ALT request in this
staff report; the ALT application does not require Commission/Council action.
3. Design Review (DES): The applicant has requested DES approval with this application in
accordance with UDC 11-3A-19B, which requires structures over 10,000 square feet in the L-
O district to comply with the design standards listed in UDC 11-3A-19C as follows: (staff
analysis in italics):
1. Architectural Character:
a. Facades -Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The proposed building incorporates modulations in
the facade, roojZine recesses and projections in excess of the required amount.
b. Primary public entrance(s) -The primary building entrance(s) shall be clearly defined
by the architectural design of the building. Windows, awnings, or arcades shall total a
minimum of thirty percent (30%) of the facade length facing a public street. The
primary entrance is defined by a covered drop-off circle connected to the parking lot.
Locust Grove Plaza CUP-08-032
PAGE 7
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Windows and arcades are proposed along the building facades facing public streets
in excess of 30% of the length of the facade, as required.
c. Roof lines -Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet
heights; and e) cornices. The proposed roof design incorporates sloped roofs,
overhanging eaves, various roofplanes, and dormers.
d. Pattern variations - At least two changes in one or a combination of the following
shall be incorporated into the building design: color, texture, and / or materials. The
structure is proposed to consist of a mixture of horizontal lap siding, simulated shake
siding and trim, all painted in various earth tones as well as some simulated stone on
all sides of the building.
e. Mechanical equipment -All ground-level and rooftop mechanical equipment shall be
screened to the height of the unit as viewed from the property line. The applicant will
be required to comply with this requirement.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, stucco, or stucco-like synthetic materials. Smooth-faced
concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except
as accent materials. As previously stated, the structure is proposed to consist of a mixture
of horizontal lap siding, simulated shake siding and trim, all painted in various earth
tones as well as some simulated stone on all sides of the building.
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front fagade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms. All of the proposed off-street parking is located
behind the building.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. The internal pathway connecting to the
perimeter sidewalk along Overland and Locust Grove is S feet in width, which does
not comply with this requirement; the site plan shall be revised to reflect an 8 foot
wide pathway connecting the perimeter sidewalks along Overland and Locust
Grove Roads to the main building entrance.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. Not
applicable (the internal pathway does not cross any vehicular driving surfaces.)
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one-hundred fifty (150) parking spaces or two hundred feet (200')
away from the main building entrance. Not applicable
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty of all customer entrances. An awning is proposed as
weather protection over the main building entrance.
Locust Grove Plaza CUP-08-032
PAGE8
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2. Site Plan (dated: 11/20/08)
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B. Conditions of Approval
On January 1 S, 2009 a joint agency and departments meeting was held with service providers in this
area. These agencies submitted comments on this application, which are included below.
1. Planning Department
1.1 All comments and conditions of the annexation (AZ-07-004), development agreement
(Instrument No. 107126900), and amended development agreement (MDA-08-006, yet to be
recorded), associated with this site shall also be considered conditions of the subject Conditional
Use Permit (CUP-08-032).
1.2 The Applicant shall comply with the Specific Use Standards for nursing/residential care facilities
listed in UDC 11-4-3-29 as follows:
a. 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.
1.3 The applicant's request for design review approval of the site and building is approved.
Development of the site shall substantially comply with the site plan and building elevations
attached in Exhibit A.
1.4 The applicant's request for Alternative Compliance to construct retaining walls and a plaza area
within the required street buffers along Overland Road and Locust Grove Road is approved. As
mitigation for impervious surfaces to be located within the street buffers, the applicant shall
construct a water feature, outside seating area (plaza) with landscape planters, trees, and
pedestrian pathways within the site as amenities for the development, as proposed.
1.5 The applicant shall construct a 6-foot tall vinyl fence along the west and south property
boundaries as proposed on the site plan.
1.6 All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as
viewed from the property line, per UDC 11-3A-19C.1.f.
1.7 An 8-foot wide pathway shall be provided connecting the perimeter sidewalks along Overland
and Locust Grove Roads to the main building entrance, per UDC 11-3A-19C.4.
1.8 The landscape plan shall be revised to reflect a berm within the southwest portion of the buffer
along the south property boundary where the grade is significantly lower than the southeast
portion of the buffer.
1.9 The number of plantings on the back portion of the berm abutting the residential properties shown
on the cross-section of the berm included in Exhibit A.4 shall be determined based on 50%
coverage at maturity.
1.10 The applicant shall submit a Certificate of Zoning Compliance application for the proposed
assisted living facility with revised plans that comply with the conditions of approval listed
herein, prior to issuance of building permits.
1.11 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with
the conditions of approval listed above (UDC 11-SB-6F). If the approved use has not begun
within 18 months of approval, a new conditional use permit must be obtained prior to operation.
Exhibit C -Page 8
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': ~~ 2. Public Works Department
Z.1 Water service to this site is being proposed via extension of main located in E Overland Road.
The applicant will be responsible to install water mains to and through this development,
~~ ° . `~~ coordinate main size and routing with the Public Works department.
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Sanitary sewer service to this development is being proposed via extension of mains in E
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 standazd forms
`r``''" ~ `' 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
} a, materials shall be used in conformance of City of Meridian Public Works Departments Standard
` -' Specifications.
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~` ~~ 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
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2.4
The applicant has indicated the required pressurized irrigation system in this development will be
owned and operated by an irrigation district, therefore a letter of plan approval shall be submitted
prior to scheduling of apre-construction meeting. If it is to be maintained as a private system,
'`$- plans and specifications will be reviewed by the Public Works Department as part of the
~' ' ;' construction plan review. A "draft copy" of the operations and maintenance manual will be
- ,~ required prior to plan approval with the "final draft" being required prior to final plat signature on
~~`~~ ~~~~~ the last phase of this project.
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The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round
source of water (j.TDC 11-3A-6). The applicant should be required to use any existing surface
~~~`• ' water for the primary source. If a surface 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
sa?~<~ final plat by the City Engineer.
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2.6
Meridian Public Works specifications do not allow any lazge landscaping within a five foot radius
~-T<~ of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
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Additional width to the public utilities, drainage and irrigation easement along the right-of way
'`'`y'` shall be dedicated where the sidewalk is located past the right-of--way. The additional width
~~ - needs to be sufficient to allow for 10 feet of easement past the sidewalk.
~=~' 2.8 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
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~ (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
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purposes such as landscape irrigation if approved by Idaho Department of Water Resources
;, Contact Robert B. Whitney at (208)334-2190.
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2.9
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
_ intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
s '~'; . -Y~ owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
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2.10 Street signs aze to be in place, water system shall be installed and activated, sewer system shall
:~ ' have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
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Exhibit C -Page 9
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2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.12 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.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.17 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.
2.18 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 building pads are at least 1-foot above.
2.19 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and pen~it from Building Department prior to
commencing installations.
3. Fire Department
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
Exhibit C -Page 10
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3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
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.
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 Intemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D
3.9 Maintain a separation of 5' from the building to the dumpster enclosure.
3.10 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing. The first digit of the Office Suite shall
correspond to the floor level.
3.11 All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
3.12 Where a portion of the facility or building hereafter constructed or moved into or within the
~~ jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.14 There shall be a fire hydrant within 100' of all fire department connections.
4. Police Department
4.1 The proposed landscaping creates hiding spots along the west property boundary. The
applicant shall consider aspects of CPTED in dealing with the strategic placement of anti-
. friendly landscaping to reduce the desire of anyone to try and walk through this area. The
applicant shall contact Elroy Huff with the Parks Department to help determine the best
type of anti-friendly landscaping products for this growing region. The revised landscape
plan in Exhibit A reflects anti friendly landscaping within the buffer to residential uses as
requested.
4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used. All pathways and open areas shall have adequate lighting. All pedestrian
Exhibit C -Page 11
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pathways that are not already lit by e~sting building or street lights shall have a 4foot
x f' I bollard style or equivalent pathway lighting to illuminate the entire pathway while being
shielded to prevent light from going into residential lots or shining into traffic on either
Locust Grove Road or Overland Road.
{ ail 4.3 The design of the outdoor plaza area located very close to the intersection of Overland and
: ~: Locust Grove Roads. The area around the plaza must have either a heavy buried concrete
~, bollard or large concrete planter style bollard to protect the facility residents in case a
~'~ =~ ` vehicle was to come over the curb towards this plaza. These residents, by applicant
description, are probably not going to be able to react quickly to protect themselves and will
'__`'~ need additional barrier protection from a velucle losing control or a vehicle involved in a
`" ""`! separate accident heading towards this plaza, The applicant shall meet with John Overton,
Police Department, to discuss this requirement and concern.
;~
5. Parks Department
c ; tr 5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. Sanitary Service Company
1 _ 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
6.2 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius.
7. Ada County Highway District
'~' SITE SPECIFIC CONDITIONS OF APPROVAL
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7.1.1 Construct one 30-foot wide, full-access, curb return driveway intersecting Locust Grove Road
located approximately 355-feet south of Overland Road (measured near edge to near edge). Pave
the driveway its full width at least 30-feet into the site.
7.1.2 Close the two existing driveways onto Locust Grove Road and replace them with curb, gutter,
and sidewalk to match existing improvements.
7.1.3 Other than access specifically approved with this application, direct lot access to Locust Grove
Road is prohibited.
7.1.4 No access has been proposed to Overland Road and none is approved.
7.1.5 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 ACRD 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 Policy.
Exhibit C -Page 12
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Utility street cuts in pavement less than five years old are not allowed unless approved in writing
~~ x by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
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; 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Construction Services procedures and all
ISPWC Standards and approved supplements
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applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
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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
t ' * 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-of--way. The
4~ applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
~- ~ applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
"' j' prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic
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? 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
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;~ ~; obtain written confirmation of any change from the Ada County Highway District.
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~~~ ;r 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
a ' application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
'x ~ ~ ~' 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
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at the time the change in use is sought.
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C -Page 13
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~; D. Required Findings from Unified Development Code
" ~'` 1. Conditional Use Permit Findings:
~ - The decision making body shall base its determination on the Conditional Use Permit
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request upon the following:
A. That the site is large enough to accommodate the proposed use and meet all the
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4 dimensional and development regulations in the district in which the use is located.
The Commission finds that the existing site is large enough to accommodate the proposed
y' ~ use and comply with the dimensional and development regulations of the L-O zoning
district, except for impervious surfaces proposed within the required street buffers. The
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~ ~ impervious surfaces (retaining walls and a plaza area) within the street buffers along
~~ Overland and Locust Grove Roads. The Commission fords that if the applicant complies
with the conditions of approval in Exhibit B, development of this site should meet the
intent of the UDC.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
~' ~''~'- and in accord with the requirements of this Title.
~' ~. The Commission fords that the Comprehensive Plan Future Land Use Map designation
for this property is Office. The property is currently zoned L-O which complies with this
designation. The Commission fords the proposed use is comparable to that of an office
use and will serve as a buffer/transition between existing and future higher intense
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commercial uses and abutting residential properties. Lastly, the Commission finds the
T proposed use is generally harmonious with the requirements of the UDC (See Sections 8
and 10 above for more information regarding the requirements for this use).
C. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
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,., .~ . of the general vicinity and that such use will not adversely change the essential
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character of the same area.
The Commission fords that, if the Applicant complies with the conditions outlined in this
report, the operation of the proposed assisted living facility should be compatible with
adjacent residential and commercial uses and with the existing and intended character of
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change the essential character of the area.
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y~ ~ r~ D. That the proposed use, if it complies with all conditions of the approval imposed,
~"' will not adversely affect other property in the vicinity.
' The Commission fords that, if the Applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
~~ ~` E. 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.
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The Commission finds that the site will be adequately served by the previously
'~ mentioned public facilities and services.
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F. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be financing any improvements required for development.
The 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.
G. 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 as there are
no nearby residents. The Commission does not anticipate the proposed use will create
excessive noise, smoke, fumes, glare, or odors.
H. 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. The Commission finds that the proposed use
will not result in the destruction, loss or damage of any natural, scenic, or historic feature
of maj or importance.
2. Alternative Compliance Findings (UDC 11-SB-SE):
a. Strict adherence or application of the requirements is not feasible; OR
Staff finds that the subject property has topographicaUshape restraints. This does, in fact,
preclude full compliance with the City's landscaping standards.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the alternative compliance does provide a superior means for meeting the City's
landscaping requirements. Staff finds the proposed water feature that will provide visual
interest for the traveling public as well as "white noise" from traffic for residents sitting in the
plaza area. Additionally, Staff believes the plaza will be an appealing gathering area for
residents of the assisted living facility. Therefore, Staff supports the proposed landscape plan,
as depicted in Exhibit A.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or impair
the use/character of the surrounding properties.
Exhibit D -Page 2
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