Paramount Northeast Assisted Living CUP H-2015-0008CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0008
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a Residential Care Facility in a C-C
Zoning District for Paramount Northeast Assisted Living – ALT, CUP, Located at the Southeast
Corner of W. Chinden Blvd. and N. Fox Run Way, by Michael D. Wardle, Brighton Corporation.
Case No(s). H-2015-0008
For the Planning & Zoning Commission Hearing Date of: December 3, 2015 (Findings on
December 3, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0008
Page 2
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 December 3, 2015, 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-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant’s request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of December 3, 2015, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
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
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years 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.
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 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 December 3, 2015
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 1
STAFF REPORT
Hearing Date: December 3, 2015
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: H-2015-0008 – Paramount Northeast Assisted Living – ALT, CUP
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments, LLC, has applied for a conditional use permit (CUP) for a
residential care facility in a C-C zoning district. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on December 3, 2015. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2015-
0008 as presented in the staff report for the hearing date of December 3, 2015, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on December 17, 2015.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0008
as presented during the hearing on December 3, 2015, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number H-2015-0008 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southeast corner of W. Chinden Blvd. (SH 20/26) and N.
Fox Run Way, in the NE ¼ of Section 25, Township 4 North, Range 1 West
B. Owner(s):
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as owner
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
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: November 16 and 30, 2015
C. Radius notices mailed to properties within 300 feet on: November 5, 2015
D. Applicant posted notice on site by: November 20, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of land that was annexed into the
City but has not yet been developed, zoned C-C and TN-C; the property is currently being
farmed.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Chinden Blvd. and rural residential, undeveloped, and commercial property, zoned R1
and MU-DA in Ada County respectively
West: Agricultural/undeveloped land, zoned C-C
South: Single-family residential properties in Paramount Subdivision, zoned R-8
East: N. Meridian Road and a church, zoned RUT in Ada County
C. History of Previous Actions:
In 2003, the following applications were approved for the larger Paramount Subdivision
which did not include the subject property:
Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and
C-G zones. A development agreement (DA) was required as a provision of annexation,
recorded as Instrument No. 103137116;
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 3
Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land;
and
Conditional use permit for a planned development (CUP-03-008)
In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was
approved and recorded as Instrument No. 107145935. The amendment removed the CUP
requirement and required design review approval instead for all commercial development in
the C-G zoned portion of the site located at the northeast corner of N. Linder Road and W.
McMillan Road.
In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument
No. 108108427. The amendment allowed a church and other specified uses to develop in the
L-O zoned portion of the site located at the southwest corner of W. Producer Drive and N.
Meridian Road.
In 2013, the DA was modified (MDA-13-010) to update the DA to focus on allowed uses
within the subdivision rather than specific numbers of building lots, common lots, dwelling
units, and square footage of commercial space; specific numbers of each were removed
(Instrument No. 113083665).
Also in 2013, the subject property was annexed (AZ-13-005, Paramount Northeast). A
preliminary plat (PP-13-008) was also approved but it did not include the subject property,
only a small portion of the land along the southern boundary of the annexation area.
A DA modification (MDA) application (H-2015-0022) was approved by Council on
November 24, 2015 to include the 53.57 acres of land annexed with AZ-13-005 (Paramount
Northeast), which includes the subject property, in the existing DA for Paramount
Subdivision; and include a conceptual development plan for that area in the agreement. The
Findings for the MDA application are scheduled for approval by City Council on December
8, 2015 and the amended DA will need to be signed by the applicant, approved by Council
and recorded to be effective.
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer service was provided to this lot with the development of the
subdivision.
b. Location of water: Water service was provided to this lot with the development of the
subdivision.
c. Issues or concerns: A future water main extension will be required, to the future
residential area east of the assisted living facility, from the 8-inch diameter mainline
extending to the east side of the facility.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The majority of this site is designated “Mixed Use - Commercial” (MU-C) with a 90’ x 2,070’ strip
along the south boundary designated “Medium Density Residential” (MDR) on the Comprehensive
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 4
Plan Future Land Use Map.
The purpose of the MU-C designation is to allocate areas where community-service uses and
dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to
integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial
type buildings. Development should comply with the general guidelines for development in all mixed
use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of
20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the
Comprehensive Plan for more information.
The intent of the MDR designation is to allow smaller lots for residential purposes within City limits.
Uses may include single-family homes at gross densities of 3 to 8 units/acre.
This site is located near a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.) and is
proposed to develop with a 56,543 s.f. residential care facility. The proposed use should contribute to
the variety of uses and dwelling options for seniors in this area, consistent with the MU-C
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Street buffer, parking lot and perimeter landscaping is required to be provided on the site in
accord with the standards listed in UDC 11-3B.
“Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection.” (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
“Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.”
Planter islands are proposed in the parking area and will be landscaped in accord with the
standards listed in UDC 11-3B-8C.
“Require the improving and maintaining landscaping along public rights-of-way and
landscaping of dedicated but unimproved rights-of-way strips.” (3.03.02P)
The adjacent street buffers for this site have already been installed. The applicant is
responsible for maintaining the landscaping within these buffers.
“Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
The landscape buffer and berm already exists along W. Chinden Blvd., an entryway corridor,
adjacent to this site in accord with UDC standards.
“Implement the City's Pathways Master Plan to provide a bike and pathways system between
neighborhoods, local collectors, and community destinations. Work with new development,
ITD, ACHD, COMPASS, Ada County, and other entities to identify partnership
opportunities.” (6.02.01A)
A 10-foot wide multi-use pathway is required to be constructed along the frontage of this site
adjacent to W. Chinden Blvd. in accord with UDC 11-3H-4C.4. This pathway will assist in
providing a pathway system between neighborhoods and community destinations.
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 5
“Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The proposed residential care facility will contribute to the variety of dwelling options
available for seniors in the northeast portion of the City.
For the above-stated reasons, staff believes the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location. The remainder of the MU-C
designated area should develop with a mix of uses as required and the MDR designated area should
develop with a residential density of 3 to 8 units/acre.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the
retail and service needs of the community in accordance with the Meridian
comprehensive plan. Six (6) 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 in proximity to streets and highways.
The C-C district is a larger scale and broader mix of retail, office, and service uses than
the C-N district with access to arterials or non-residential collectors.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-C zoning district. A residential care
facility is listed as a conditional use in the C-C zoning district. Compliance with the
specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities, is
required.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant has submitted an application for a conditional use permit (CUP) for a residential
care facility in a C-C zoning district as required by UDC Table 11-2B-2. A single-story 56,543
s.f. assisted living and memory care facility is proposed that will contain a total of 73 units
(memory care – 35 units with up to 40 beds, assisted living – 38 units with up to 44 beds) with a
maximum of 88 units.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop.
The boundary of the site as shown on the site plan is not correct as it does not include the entire
parcel (see Exhibit A.1). The subject parcel consists of 19.5 acres of land (42.2 acres if the
contiguous unplatted parcels under the same ownership are counted); the site plan only depicts
the western 4.89 portion of the site where the assisted living facility is proposed.
This property is not considered an “original parcel or record” as defined by UDC 11-1A-1.
Therefore, it’s not eligible for a building permit until the entire property (42.2 acres) is
included in a preliminary plat and the portion where the assisted living facility is proposed
is included in a final plat and recorded. A preliminary plat and final plat application for the
first phase of development, which includes the subject area, was recently submitted to the
City and the preliminary plat will be heard by the Commission in January.
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 6
At the hearing for the concurrent development agreement modification application (H-
2015-0022) on November 24, 2015, the City Council allowed the applicant to submit a
Certificate of Zoning Compliance and subsequent building permit application for the
assisted living facility prior to the property being subdivided. However, prior to issuance of
the Certificate of Occupancy, a final plat that includes the subject property shall be
recorded.
Access: Access is proposed to this site via 2 driveways from N. Fox Run Way, an existing
collector street in Paramount Subdivision which has signalized access via W. Chinden Boulevard.
Direct access via W. Chinden Blvd. is prohibited. Additional access is proposed to be provided
from the south and east when the adjacent property develops.
The UDC (11-3A-3) restricts access to collector streets when access via a local street is available.
This site does not have access to a local street. The Council approved a waiver to UDC 11-3A-3
for both accesses to the site as proposed with the concurrent development agreement modification
application (#H-2015-0022).
Because the driveway depicted along the rear of the building exceeds 150 feet in length, it’s
required to have a turn around that meets Fire Department requirements.
When a subdivision application is processed in the future, cross-access will be required to be
provided to adjacent properties to the east and south as applicable.
Parking: Off-street parking is required to be provided on the site in accord with UDC Table 11-
3C-6 for age restricted or elderly housing. For a 1-bedroom unit, 0.5 of a space is required.
Seventy-three one bedroom units are proposed, therefore, a total of 36.5 (37) spaces are required.
A total of 47 parking spaces are proposed, which exceeds UDC requirements.
For properties that are greater than 2 acres in size, no more than 50% of the total off-street
parking area for the site can be located between building facades and the abutting street.
All of the proposed parking is located between the building and the street (Fox Run). The
applicant has submitted a request for alternative compliance to UDC 11-3A-19A3a for
approval of the proposed parking layout. As an alternative means of complying with the intent
of the ordinance, the applicant proposes a street buffer width along N. Fox Run Way of
approximately 54 feet, which is almost three times that normally required of 20 feet; and 9 extra
trees above the required number within the buffer which should assist in screening the parking
area from the street. Because access to/from the building is controlled, staff, residents, and
visitors will enter and exit the facility through the central common area at the front of the
building. The applicant also proposes to construct a 25-foot wide landscape buffer at the back of
the facility along the drive-aisle which will provide a nicer view for future residences to the south
and east that face the facility, rather than facing a parking lot. For these reasons, and because only
a single-drive aisle with adjacent parking is proposed for the majority of the parking area with
only a few spaces (9) accessible from another shorter drive-aisle, staff is supportive of the
applicant’s proposed alternative. See the Findings listed in Exhibit C for more information.
Wheel stops should be installed within the parking stalls in front of the building to prevent
vehicle overhang onto the sidewalk; or, the sidewalk should be widened to 7 feet to allow for
2 feet of vehicle overhang in accord with UDC 11-3C-5B.4.
Based on the number of vehicle parking stalls (47), a bicycle rack capable of holding a minimum
of 2 bicycles is required to be provided per UDC 11-3C-6G in accord with the standards listed in
UDC 11-3C-5C. A total of 9 bicycle parking spaces are proposed to be provided in compliance
with this standard.
Landscaping: Landscaping is required to be installed on the site in accord with the standards
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 7
listed in UDC 11-3B.
A 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, and a
20-foot wide buffer is required along N. Fox Run Way, a collector street in accord with UDC
Table 11-2B-3. Both of these buffers already exist and comply with UDC standards. Note: At the
hearing for the concurrent development agreement modification (H-2015-022) application on
November 24, 2015, the City Council determined the street buffers adjacent to the subject
property should be installed in phases with the development of the subdivision.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The
proposed plan complies with these standards.
A total of 5 existing trees totaling 45 caliper inches are proposed to be removed in the
locations on the site where the two driveways are proposed. Mitigation is required for all
existing trees 4-inch caliper or greater that are removed from the site with equal
replacement of the total calipers lost, in accord with the standards listed in UDC 11-3B-
10C.5. If these trees can be relocated on the site, mitigation is not required.
Trash Enclosure: A trash enclosure is depicted on the site plan at the northwest corner of the
building. The color and material of the enclosure should complement that of the building. A
detail of the enclosure should be submitted to Bob Olsen, Republic Services, (208-345-1265)
for review and approval prior to submittal of the Certificate of Zoning Compliance
application.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-29, Nursing or Residential Care Facilities, as follows:
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 occupancy7
as required by the building code in accord with Title 10 of this code. This
standard is not applicable.
2. The owner and/or operator of the facility shall secure and maintain a license from
the State of Idaho Department of Health and Welfare, facility standards division.
The applicant shall comply with this requirement.
B. Additional standards for uses providing care to children and juveniles under the age
of 18 years: This section is not applicable as care will not be provided to juveniles.
1. All outdoor play areas shall be completely enclosed by a minimum 6-foot non-
scalable fence to secure against exit/entry by small children and to screen
abutting properties. The fencing material shall meet the swimming pool fence
requirements of the building code in accord with Title 10 of this code.
2. Outdoor play equipment over 6-feet high shall not be located in a front yard or
within any required yard.
3. Outdoor play areas in residential district or uses adjacent to an existing residence
shall not be used after dusk.
C. Additional standards for uses providing care to patients who suffer from Alzheimer’s
disease, dementia or other similar disability that may cause disorientation: A barrier
with a minimum height of 6 feet, along the perimeter of any portion of the site that is
accessible to those 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. A 6-foot tall fence with a 5-foot tall gate is proposed along the perimeter of
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 8
the memory care courtyard where there isn’t an abutting part of the building. Staff
recommends a detail of the proposed fencing be submitted with the Certificate of
Zoning Compliance application that complies with the aforementioned
requirements and that the gate height is 6 feet rather than 5 feet.
Sidewalk: Sidewalks are required to be provided around buildings and along public streets in
accord with the standards listed in UDC 11-3A-17. A 5+/- foot wide detached sidewalk exists on
the frontage of this site along N. Fox Run Way. There is not an existing sidewalk along Chinden
Blvd.; 10-foot wide multi-use pathway is required to be constructed within the street buffer in
accord with UDC 11-3H-4C.4.
A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk
along N. Fox Run Way to the main building entrance and shall be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete or bricks,
per UDC 11-3A-19A.4; the site plan should be revised to reflect compliance with this
requirement.
Pathway: A 10-foot wide multi-use pathway is required to be constructed within a public
use easement in the street buffer along W. Chinden Blvd. in accord with UDC 11-3H-4C.4.
Note: At the hearing for the concurrent development agreement modification (H-2015-022)
application on November 24, 2015, the City Council determined the pathway should be installed
in phases with the street buffer with the development of the subdivision.
Building Elevations: Building elevations and a rendering were submitted with this application
for the proposed structure as shown in Exhibit A.4. Building materials consist of hardie panel lap
siding, beadboard, and shake shingles with stone veneer accents (HS-2 hardie panel siding is
included in the Exterior Material Schedule but does not appear to be depicted as a material on
the elevations).
The future structure is required to comply with the design standards listed in UDC 11-3A-19 and
the Meridian Design Manual (or any updated versions thereof in effect at the time of Certificate
of Zoning Compliance application). The proposed elevations appear to comply with current
design standards and guidelines.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use, site layout and building elevations from the
Planning Division prior to submittal of a building permit application.
Design Review: The applicant is required to submit a Design Review application concurrent with
the CZC application for final approval of the site layout and building elevations. The proposed
site layout and structures are required to comply with the design standards listed in UDC 11-3A-
19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof
in effect at the time of Certificate of Zoning Compliance application).
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: 9/30/15)
3. Landscape Plan (dated: 9/28/15)
4. Building Elevations (dated: 9/30/15)
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 9
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 10
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 11
Exhibit A.2: Site Plan (dated: 9/30/15)
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 12
Exhibit A.3: Landscape Plan (dated: 9/28/15)
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 13
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 14
Exhibit A.4: Building Elevations (dated: 9/30/15)
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 15
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 16
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the conditions of approval listed herein, and the provisions of the
development agreement.
1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-29, Nursing or
Residential Care Facilities. The site plan submitted with the Certificate of Zoning Compliance
application shall demonstrate compliance with these standards and the conditions of approval in
this report.
1.3 Prior to issuance of a Certificate of Occupancy for this site, the entire 42.2 acre contiguous
property shall be included in a preliminary plat, and a final plat including the subject property
shall be recorded.
1.4 The site/landscape plans included in Exhibit A shall be revised as follows (as applicable):
a. Widen the sidewalk in front of the building to 7 feet to allow for vehicle overhang; or, install
wheel stops within the parking stalls to prevent vehicle overhang in accord with UDC 11-3C-
5B.4.
b. Include a detail of the trash enclosure; the detail shall be submitted to Bob Olsen, Republic
Services, (208-345-1265) for review and approval prior to submittal of the Certificate of Zoning
Compliance application. The design of the enclosure should be compatible with the building in
regard to materials and colors.
c. Include a detail of the proposed fencing around the memory care courtyard that complies with
the standards listed in UDC 11-4-3-29C. The gate height should be 6 feet to match the fencing,
rather than 5 feet as proposed.
d. A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk
along N. Fox Run Way to the main building entrance and shall be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete or bricks, per
UDC 11-3A-19A.4.
e. Depict a turn-around for the driveway located on the east side of the building that meets Fire
Department Standards.
f. Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the
site with equal replacement of the total calipers lost, in accord with the standards listed in UDC
11-3B-10C.5. If trees can be relocated on the site, mitigation is not required.
1.5 The applicant’s request for alternative compliance to UDC 11-3A-19A.3a for approval of the
proposed parking layout was approved by the Director as shown in Exhibit A.
1.6 The applicant is required to submit a Certificate of Zoning Compliance application for approval
of the proposed use and site layout from the Planning Division prior to submittal of a building
permit application and after recordation of the amended development agreement (H-2015-0022).
1.7 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning
Compliance application for approval of the site layout and building elevations. The proposed site
layout and structures are required to comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual (or any updated versions thereof in
effect at the time of application).
1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 17
not relieve the applicant of responsibility for compliance.
1.9 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-5B-6F.
1.10 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 A future water main extension will be required, to the future residential area east of the assisted
living facility, from the 8-inch diameter mainline extending to the east side of the facility.
3. FIRE DEPARTMENT
3.1 The road on the east side of the building appears to show no connection to another street at
the north end and therefore would need to have an approved turn around. This road or
some access would be required for this side of the building in order to meet the ability to
reach any point of the building within 150 feet of where we can spot a fire truck.
3.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway
greater than 150 feet in length that is not provided with an outlet shall be required t o 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.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 A detail of the enclosure should be submitted to Bob Olsen, Republic Services, (208-345-1265)
for review and approval prior to submittal of the Certificate of Zoning Compliance application.
6. ADA COUNTY HIGHWAY DISTRICT
The City has not yet received a staff report from ACHD for this project.
7. PARKS DEPARTMENT
7.1 The Park’s Department has no comment on this application.
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 18
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and the dimensional & development regulations of the C-C district as required by the
UDC (see Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MU-C for this site if designed in
accord with the conditions listed in Exhibit B.
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 of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood,
with the existing and intended character of the area, and with other existing and future uses in
the C-C and adjacent TN-C zoning district.
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 finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently provided to the subject property. The Commission finds that the proposed use will
be served adequately by all of the public facilities and services listed above.
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.
EXHIBIT A
Paramount Northeast Assisted Living – CUP H-2015-0008 PAGE 8
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 finds the proposed use will not involve excessive traffic, noise, or odors that
will be detrimental to any persons, property or the general welfare.
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 the proposed use will not result in the destruction, loss or damage
of any natural, scenic or historic feature of major importance in this area.
2. Alternative Compliance (11-5B-5E):
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the parking standards is not feasible given the
operational characteristics of an assisted living and memory care facility. Because access
to/from the building is controlled, staff, residents and visitors will enter and exit the
facility through the central common area at the front of the building. P arking also needs
to be in close proximity to the building entrance rather than at the side and/or rear of the
building.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the proposed alternative compliance provides an equal means for
meeting the UDC parking lot standards. Further, the extra wide street buffer and
additional landscaping will provides a visual and spatial buffer to the parking area.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the use/character of the surrounding properties. By placing the parking
in the front of the building and providing a 25-foot wide landscape buffer at the back of
the complex, future dwellings to the east and south that face the assisted living facility
will face a landscape buffer rather than a parking lot.
EX14161T 6
Sonya Watters
From: Mike Wardle <mwardle@brightoncorp.com>
Sent: Monday, November 30, 2015 3:49 PM
To: Sonya Watters; Charlene Way, Jacy Jones; Jaycee Holman; Machelle Hill
Cc: David Turnbull; Jon Wardle; Jeremy Garner Qeremy@gardnercompany.net); Chris
Broders (chris@babcockdesign.com); Weston Arnell (weston@gardnercompany.net)
Subject: RE: Paramount Northeast Assisted Living - CUP H-2015-0008 Staff Report for 12/3
Commission Mtg
All,
We have reviewed the referenced staff report with its incorporation of the City Council's November 24th
approval of the Paramount Subdivision DA modification (H-2015-0022), and concur with the recommended
conditions of approval. The project design team will attend the hearing to assure that Commission questions
or concerns are addressed.
Michael Wardle
Director of Planning
Brighton Corporation
12601 W. Explorer, Suite 200 1 Boise, Idaho 83713
Direct 208.287.0512 1 Cell 208.863.6150
From: Sonya Watters [mailto:swatters@meridiancity.org]
Sent: Wednesday, November 25, 2015 9:47 AM
To: Charlene Way; Jacy Jones; Jaycee Holman; Machelle Hill
Cc, Mike Wardle; Jon Wardle
Subject: Paramount Northeast Assisted Living - CUP H-2015-0008 Staff Report for 12/3 Commission Mtg
Attached is the staff report for the proposed Paramount Assisted Living facility. This item is scheduled to be
on the Commission agenda on December 3rd. The public hearing will be held at City Hall, 33 E. Broadway
Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Mike - Please submit any written response you may have to the staff report to the City Clerk's office
(iholman@meridiancity.org, mhitt@meridiancity.orQ, iiones@meridiancitv.orQ), cway@meridiancity.org and
myself (e-mail or fax) as soon as possible.
Thanks,
�rM.V. -w, ff"x.
Associate Planner, Planning Division
City of Meridian - Community Development Department
208-884-5533 ext. 0578