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Grace at Fairview Lakes MCU H-2016-0013CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0013 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit Modification to Allow the Development of Twenty –Seven (27) Assisted Living Units Instead of a 38-Unit Congregate Care Facility as Previously Approved on 1.39 Acres of Land in the R-15 Zoning District, by Grace at Fairview Lakes. Case No(s). H-2016-0013 For the Planning & Zoning Commission Hearing Date of: March 3, 2016 (Findings on March 17, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 3, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 3, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 3, 2016, 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-2016-0013 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 March 3, 2016, 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 a conditional use permit modification is hereby approved in accord with the conditions of approval in the staff report for the hearing date of March 3, 2016, 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 March 3, 2016 EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 1 STAFF REPORT Hearing Date: March 3, 2016 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Grace at Fairview Lakes – MCU (H-2016-0013) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Grace at Fairview Lakes, has applied for a modification to the existing conditional use permit (CUP-05-055) to allow the development of 27 assisted living units instead of a 38 unit congregate care facility as previously approved on 1.39 acres of land in the R-15 zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU with the conditions listed 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 March 3, 2016. At the public hearing, the Commission moved to approve the subject MCU request. a. Summary of Commission Public Hearing: i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: None iv. Written testimony: None 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 recommend approval to the City Council of File Number H-2016-0013 as presented in the staff report for the hearing date of March 3, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0013 as presented during the hearing on March 3, 2016, 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-2016-0013 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 Grace at Fairview Lakes – MCU H-2016-0013 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1960 N. Lakes Place, in the southeast ¼ of Section 6, Township 3 North, Range 1 East B. Owner(s): Doug Tamura 1124 Santa Maria Drive Boise, ID 83712 C. Applicant: Grace at Fairview Lakes 1960 N. Lakes Place Meridian, ID 83642 D. 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 modification. 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: February 15 and 29, 2016 C. Radius notices mailed to properties within 300 feet on: February 5, 2016 D. Applicant posted notice on site by: February 19, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North & East: Residential properties, zoned R-8 South: Offices, zoned R-40 West: Assisted living facility, zoned R-15 C. History of Previous Actions:  In 2002, this property was annexed and zoned (AZ-02-011) with a development agreement (DA) (Inst. 102143306). A conditional use permit (CUP-02-014) was also approved for a planned development. Note: The DA states that the northern 9.10 acres of the Fairview Lakes site, which was zoned R-40 at the time, was approved to develop with a 192-unit apartment complex and that no changes in the uses specified in the agreement should be approved without modification of the agreement. When the use of this site was changed from an apartment complex to an assisted living facility in 2003 with CUP-03-014, the development agreement was not modified accordingly.  In 2003, a preliminary plat (PP-03-006) and a final plat (FP-03-055) were approved. A conditional use permit (CUP-03-014) was also approved to revise the conceptual and detailed planned development approved with CUP-02-014. An amendment to the development agreement (MI-03-003) was also approved that removed the requirement for traffic bollards to be placed at the south end of Teare Avenue (Inst. 103097614). EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 3  In 2004, a rezone (RZ-04-015) was approved of 4.9 acres from the R-40 to the R-15 zoning district for a retirement complex. A conditional use permit was also approved to modify CUP-03-014 to allow the development of a 65-unit assisted living facility in an R-15 district instead of a 96-unit apartment complex. Later in 2004, another conditional use permit (CUP- 04-049) was approved for detailed approval of a 30-unit Alzheimer facility.  In 2006, a conditional use permit (CUP-05-055) was approved that modified CUP-04-049 to allow the construction of a 38-unit congregate care facility in place of the individual studio, 1- and 2-bedroom units.  In 2007, a combined preliminary and final plat (PFP-07-002) was approved to subdivide one lot (Lot 4, Block 1, Devon Park Subdivision No. 2) into two lots. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. b. Location of water: Water mains to provide service to this project currently exist. c. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Jackson Drain runs along the southwest corner of this site and has been piped. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within the flood plain. VII. COMPREHENSIVE PLAN This property is designated Mixed Use - Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-C designated areas is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre (d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential buildings. See Comprehensive Plan for more information (pages 27-28). The proposed 27-unit assisted living facility is a compatible use in MU-C designated areas. Further, the proposed use, along with the various office and commercial uses to the south within this development, contribute to the variety of residential and commercial uses desired in MU-C designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56) The expansion of the existing assisted living facility on the adjacent site will contributed to the variety of housing options available within the City for those needing assisted living services. EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 4  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this site with development.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) This site is surrounded by medium density single-family residences. Because the proposed use is residential in nature, staff finds it should be compatible with existing adjacent residential uses.  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot and perimeter landscaping is required to be provided on the site in accord with the standards listed in UDC 11-3B. Street buffer landscaping is not required.  “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. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed assisted living facility (classified in UDC Table 11- 2A-2 as a nursing or residential care facility) is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-29 for Nursing or Residential Care Facilities apply to development of this site. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. D. Landscape Standards: Parking lot landscaping shall comply with the standards listed in UDC 11- 3B-8C. E. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT MODIFICATION (MCU): The applicant requests a modification to the previously approved conditional use permit (CUP-05-055) to allow the development of a 27-unit EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 5 assisted living unit facility instead of the 38-unit congregate facility previously approved. The site consists of 1.39 acres of land and is zoned R-15. The proposed development will be an expansion of the existing assisted living facility on the lot to west of this site which consists of a 30-unit memory care and 60-unit assisted living facility. The site plan and building elevations included in Exhibit A.2 approved with CUP-05-055 shows how the site was previously approved to develop with a congregate care facility. The proposed site plan is included in Exhibit A.3 and depicts the proposed assisted living facility attached to the east end of the existing facility. Development Agreement (DA): Staff has reviewed the proposed development for compliance with the terms of the existing DA for this site. As stated in Section VI.C above, the DA approved the 9.10 acres on the north end of the site, which includes the subject property, to develop with a 192-unit apartment complex. The DA was never modified to allow the development of an assisted care facility instead as approved with CUP-03-014. Therefore, prior to any further development occurring on this site that is not consistent with the provisions of the DA, Staff recommends the DA is modified to allow the existing and proposed use. The DA should be modified prior to submittal of a Certificate of Zoning Compliance and Design Review application being submitted for the proposed use. Dimensional Standards: The proposed development should comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. The proposed building complies with the setback standards for the R-15 district except for the rear, which requires a 12-foot wide setback; the proposed building is shown to connect to the east end of the existing building which encroaches in the setback area. The applicant should apply for a property boundary adjustment to consolidate Lots 1 and 2, Block 1, which will eliminate the setback issue, and obtain approval of such prior to submittal of the Certificate of Zoning Compliance application. Specific Use Standards: The specific use standards for Nursing or Residential Care Facilities listed in UDC 11-4-3-29 apply to development of this site 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 EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 6 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. The applicant’s narrative does not indicate that care for patients with this type of disability will be provided. Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the standards listed in 11-3C-6B for development in residential districts. One space is required for every 500 square feet of gross floor area. Therefore, based on 19,967 square feet, a minimum of 40 spaces are required. A total of 65 spaces are proposed in accord with this standard. There are 8 spaces depicted at the northeast corner of the site that measure 8’9”; UDC 11-3C-5 requires all spaces (except van accessible ADA spaces) to be a minimum of 9 feet in width; the site plan should be revised to comply with this requirement. A portion of the site along the east boundary is part of ACHD right-of-way (ROW) (deeded as Instrument No. 102127142) for a turnaround at the end of Clarene Street. A license agreement should be obtained from ACHD for improvement and use of the ROW; or, the ROW should be vacated prior to development of the site. One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or portion thereof per UDC 11-3C-6G. Therefore, based on 65 vehicle spaces, a minimum of 3 bicycle parking spaces should be provided for the development. Bicycle parking is listed in the Key Notes but Staff is unable to locate it on the plan. Bicycle parking in accord with this requirement should be depicted on the site plan submitted with the Certificate of Zoning Compliance application for the development. Landscaping: Street buffer landscaping is not required to be provided on this site. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B- 8C. The planter island at the north end of the row of parking on the east side of the building does not depict any landscaping; one tree and vegetative groundcover should be provided in accord with UDC 11-3B-8C. Pathway: A multi-use pathway is not depicted on the Pathways Master Plan for this site. A minimum 5-foot wide pedestrian walkway is required to be provided from the sidewalk along E. Clarene Street to the main building entrance per UDC 11-3A-19A.4. Access: Access is proposed via E. Clarene Street, a local street at the east boundary of the site. Access will also be provided via N. Lakes Place to the south through the adjoining property to the west. Fencing: There is an existing 6-foot tall fence along the north boundary of this site as well as along the east boundary. Any new fencing proposed should comply with the standards listed in UDC 11- 3A-7. Lighting: All lighting on the site shall comply with the standards listed in UDC 11-3A-11. Building Elevations: Conceptual building elevations were submitted for the proposed facility. The structure is proposed to be a single story in height with a stucco finish and vinyl windows with architectural grade fiberglass shingles to match the existing facility. Design Review (DES): An Administrative Design Review application is required to be submitted for approval of the proposed structure per UDC 11-5B-8. Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 7 Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to ensure that all construction and the establishment of the new use complies with all of the provisions of the UDC. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Site Plan & Building Elevations 3. Proposed Site Plan & Building Elevations (dated: 10/1/15) 4. Proposed Landscape Plan (dated: 10/1/15) B. Conditions of Approval 1. Planning Division 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 Grace at Fairview Lakes – MCU H-2016-0013 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 9 Exhibit A.2: Previously Approved Conceptual Site Plan & Building Elevations EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 10 Exhibit A.3: Proposed Site Plan & Building Elevations (dated: 10/1/15) EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 11 Exhibit A.4: Proposed Landscape Plan (dated: 10/1/15) EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 12 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of this site shall be consistent with the provisions of the development agreement (Instrument No. 102143306 & 103097614) and all previous conditions of approval as applicable. 1.2 The applicant shall obtain approval of a modification to the existing development agreement (Instrument No. 102143306) to change the use approved to develop on the northern 9.10 acres of the Fairview Lakes development from an apartment complex to a nursing/residential care facility (assisted living) and commercial uses prior to submittal of a Certificate of Zoning Compliance and Design Review application. The subject approval is contingent upon a modification to the development agreement being approved and recorded. 1.3 The site/landscape plan shall be revised as follows: a. Remove the bollards that are depicted at the end of E. Clarene Street. b. Provide parking for a minimum 3 bicycles on the site in accord with the standards listed in UDC 11-3C-5C. c. All parking spaces are required to be a minimum of 9-feet in width (except van accessible ADA spaces) per UDC Table 11-3C-5; revise the spaces at the northeast corner of the site accordingly. d. All required landscape areas shall be at least 70% covered with vegetation at maturity, with mulch used under and around the plants per UDC 11-3B-5N; depict vegetation on plan accordingly. e. The planter island depicted at the north end of the row of parking on the east side of the building shall be landscaped with one tree and vegetative groundcover in accord with UDC 11- 3B-5N and 11-3B-8C. f. Depict a minimum 5-foot wide pedestrian walkway from the sidewalk along E. Clarene Street to the main building entrance per UDC 11-3A-19A.4. g. Comply with the dimensional standards of the R-15 district listed in UDC Table 11-2A-7. 1.4 The applicant shall apply for and obtain final approval of a property boundary adjustment application to consolidate Lots 1 and 2, Block 1, Devon Park North Subdivision prior to submittal of the Certificate of Zoning Compliance application. Or, in the alternative, the site plan should be revised so the structure complies with the setback req uirements of the R-15 district listed in UDC Table 11-2A-7. 1.5 A portion of the site along the east boundary is part of ACHD right-of-way (ROW) (deeded as Instrument No. 102127142) for a turnaround at the end of Clarene Street. A license agreement shall be obtained from ACHD for use and improvement of the ROW; or, the ROW should be vacated prior to development of the site. 1.6 All outdoor equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets per UDC 11-3A-12. 1.7 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 13 1.8 The applicant shall submit a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.9 The applicant shall submit an application for Administrative Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to comply with the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 2. PUBLIC WORKS DEPARTMENT 2.1 No comment. 3. FIRE DEPARTMENT 3.1 Bollards are not allowed at the end of E. Clarene Street. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD has reviewed the submitted application and has determined that there are no improvements required to the adjacent street. The applicant shall be required to: 1. Pay a traffic impact fee. A traffic impact fee will be due prior to the issuance of a building permit by the lead agency. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements ( curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 14 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 addition to the existing assisted living facility and comply with the dimensional & development regulations of the R-15 district (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 planned use of the property as an assisted living facility is consistent and harmonious with the UDC and Comprehensive Plan. 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 expansion of the existing assisted living facility should be compatible with other residential and commercial uses in the area and should not adversely change the character of the area. 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 available 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. The applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and nor will they 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 finds the proposed use of the site as an assisted living facility will not be detrimental to any persons, property or the general welfare of the area. EXHIBIT A Grace at Fairview Lakes – MCU H-2016-0013 PAGE 8 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. Further, 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.