HomeMy WebLinkAboutLocust Grove Plaza MCU-09-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~--~-'
LAW AND
DECISION & ORDER
In the Matter of a Modification to the Approved Conditional Use Permit for Locust Grove
Plaza, Located at 1695 S. Locust Grove Road, by Wescott Edwards.
Case No(s). MCU-09-001
For the Planning and Zoning Commission Hearing Dates of: September 3, and 17, 2009
(Findings on October 1, 2009)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 17, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 17, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 17, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 17, 2009, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-09-OOl
Page 1
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 attached Staff Report for the hearing date of
September 17, 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 Use Permit Modification as evidenced by having submitted
the site plan and building elevations attached in Exhibit A of the staff report dated
September 17, 2009, is hereby conditionally approved; and,
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 se~nents or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-09-001
Pagc 2
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of September 17, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-09-001
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of y~'_.:~~(:~' , 2009. ~
COMMISSIONER DAVID MOE VOTED ,~"~ ~i~.~t~
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED__ ~~~~-
COMMISSIONER JOE MARSHALL VOTED
.1~"/mar ~ •~-
CHAIRMAN D7~~I~H
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Attest: ~~ '
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Copy served upon Applicant, The Plafirt ~~r~~~a~tn'ient, Public Works Department and City
Attorney.
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By: ~~~ '.~---7` ~~~ Dated: '~} _ ~ ` ~
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-09-001
Page 4
STAFF REPORT Hearing Date: September 17, 2009
(Continued.from September 3, 2009) ~ ~~~~~
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: MCU-09-001 -Locust Grove Plaza
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Wescott Edwards, has applied for a modification to the approved conditional use
permit (MCU) for Locust Grove Assisted Living Facility, a 30,106 square foot facility currently
under construction on the southwest corner of E. Overland Road and S. Locust Grove Road. A
modification to the previous Design Review (DES-08-031) approval is also requested.
The applicant is proposing to remove the drive-up canopy, change some of the exterior building
materials, and change the materials of the non-structural retaining wall adjacent to Overland and
Locust Grove Roads from modular block to a natural stone boulder. See Section 10 of the staff report
for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed modifications to the CUP and DES with the
conditions of approval listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in
Exhibit D of the Staff Report.
-.^c uu~--~ .-eanu~ on ~eptemner r~"' they moved to approve MCU 09 001
a. Summary of Commission Public Hearing•
i. In favor: Scott Halladay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony None
v. Staff presenting application: Pete Friedman
vi. Other staff commentin on application• None
b. Key Issues of Discussion by Commission•
i. Clarification on the material changes proposed to the elevations
c. Key Commission Changes to Staff Recommendation•
i. None
III. PROPOSED MOTION
17
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MCU-09-
001, as presented in the staff report for the hearing date of September 17, 2009 with the following
modifications: (Add any proposed modifications.)
Exhibit D -Page 1
Denial
After considering all staff, applicant and public testimony, I move to deny File Number MCU-09-001,
as presented during the hearing on September 17, 2009, for the following reasons: (you must state
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
Planning and Zoning Commission meeting on October 1, 2009.
Continuance
I move to continue File Number MCU-09-001 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 corner of S. Locust Grove
Road and E. Overland Road, in the northeast '/ 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:
Wescott Edwards
3486 W. Angelica Drive
Meridian, ID 83646
D. Representative:
Wescott Edwards (208 412-9221)
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a modification to the existing 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: August 17, and 31, 2009
C. Radius notices mailed to properties within 300 feet on: August 13, 2009
D. Applicant posted notice on site by: August 25, 2009
VI. HISTORY OF PREVIOUS ACTIONS:
- In 2007, the subject property was granted Annexation and Zoning (AZ-07-004) approval by
City Council with an L-O zoning district. A Development Agreement was approved with the
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.
Exhibit D -Page 2
- 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
site plan and building elevations were also included in the DA for the proposed assisted living
facility.
- A Conditional Use Permit (CUP-08-032) was approved on February 19, 2009 fora 30,106
square foot, 2-story, 54-bed, assisted living facility. Design Review (DES-08-031) of the site
and structure under the standards listed in UDC 11-3A-19C was also approved. Lastly,
Alternative Compliance (ALT-08-026) was approved to construct retaining walls and a plaza
area within the required street buffers along Overland and Locust Grove Roads.
- A Certificate of Zoning Compliance (CZC-09-022) was approved on April 24, 2009 for the
first phase of the assisted living facility consisting of a 19,952 square foot structure. With that
application, the applicant requested a change to the building materials that were approved by
the Commission with the CUP & DES. The material change affected less than 20% of the
building. The UDC (11-SB-6G.2d) allows the Director to approve or deny specified minor
modifications provided that such modifications were not the subject of review during the
original public hearing and will not adversely impact adjacent properties such as an increase
in building square footage, not exceeding 20%, provided that the parking and landscaping
requirements are met. The Director determined that a change in building materials is
comparable to an increase in building square footage. Therefore, the Director deemed the
request a minor modification and approved the modified building elevations submitted with
the CZC.
Because the changes requested by the applicant affect more than 20% of the structure,
Commission approval of the modification to the CUP is requested by the applicant in accord with
UDC 11-SB-6G.2.
VII. UNIFIED DEVELOPMENT CODE
A. Transfers and Modifications: Per UDC 11-SB-6G, all modifications to the CUP that were the
subject of review during the original public hearing are required to be considered by the Planning
& Zoning Commission at a public hearing. The Commission may modify the conditions,
limitations andlor scope of the permit, in accord with the limitations and requirements of UDC
11-SB-6F.
VIIL ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CUP Modification (MCU): The applicant requests approval to remove the drive-up canopy
previously approved on the west side of the building. A change in the exterior building
materials is also proposed to reduce the amount of lap siding originally proposed and replace
it with stucco. Lastly, a change in the materials of the non-structural retaining walls from
modular block to a natural stone is proposed. Because the extent of the proposed changes
exceed those allowed as a minor modification, Commission approval of the modification is
requested.
Staff feels the proposed elimination of the drive-up canopy, which does not face the public
street frontage, and the changes in material to the retaining walls will not adversely impact
adjacent properties. Therefore, staff recommends approval of the applicant's requested
changes.
Exhibit D -Page 3
2. Design Review (DES): When this site previously received CUP approval, development of
the site was required to comply with the design standards listed in UDC 11-3A-19C because
the structure exceeded 10,000 square feet in an L-O district. Design Review approval was
granted concurrently with the CUP approval. With submittal of the CZC application, the
applicant proposed changes in the building materials approved by the Commission. The
Director approved these changes at staff level as a minor modification to the CUP as allowed
under UDC 11-SB-6G2.
Since that time, the City has revised the design standards listed in UDC 11-3A-19 and
adopted additional guidelines for all new commercial development contained in the City of
Meridian Design Manual.
Currently, the applicant is requesting a modification to the previous DES approval for the
structure based on the changes requested with the MCU. The exterior building materials
approved for this structure consist of a combination of stone, lap siding, steel accents, and
stucco. The mix of materials and colors have not changed; however, the amount of lap siding
has been reduced and the amount of stucco increased significantly from what was approved
by the Commission with the CUP.
For this reason, the Director convened a meeting with the Design Professionals Committee
for their review of the proposed changes to determine compliance with the current design
guidelines contained in the Design Manual and the UDC. The committee reviewed the
proposed changes in building materials and felt that although the changes significantly
reduced the amount of one building material, there was still an adequate mix of materials and
colors and the change did not affect the overall structural appearance of the building. Thus,
the Committee was of the opinion that the revised design was consistent with the spirit of the
design guidelines and recommended approval of the requested changes to the Director.
Based on the determination of the Design Professionals Committee, staff is recommending
approval of the proposed changes in building materials to the structure.
IX. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan Approved with CUP-08-032 & DES-08-031 (dated: 11/20/08)
3. Site Plan Approved with CZC-09-022 (dated: 4/20/09)
4. Proposed Site Plan (dated: 7/23/09)
5. Building Elevations Approved with CUP-08-032 & DES-08-031 (dated: 11/20/08)
6. Building Elevations Approved with CZC-09-022 (dated: 4/20/09)
7. Proposed Building Elevations (dated: 4/20/09) (Note: Date wasn't updated on revised plans.)
Exhibit D -Page 4
1. Vicinity/Zoning Map
Exhibit D-Page 5
2. Site Plan Approved with CUP-08-032 & DES-08-031 (dated: 11/20/08)
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3. Site Plan Approved with CZC-09-022 (dated: 4/20/09)
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