Z - Findings of Fact and Conclusions of LawCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0063
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 on 1.72 acres
pf Land in the C-G Zoning District, Located at 1529 and 1521 S. Tech Lane, by Derk Pardoe.
Case No(s). H-2016-0063
For the Planning & Zoning Commission Hearing Date of: August 4, 2016 (Findings on August 18,
2016).
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 4, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 4, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 4, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 4, 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0063
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7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of August 4, 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 is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of August 4, 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 August 4, 2016
By action of the Planning & Zoning Commission at its regular meeting held on the p day of
2016.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED
COMMISSIONER PATRICK OLIVER, VICE CHAIRMAN VOTED
COMMISSIONER RHONDA MCCARVEL VOTED 1 �—
COMMISSIONER RYAN FITZGERALD VOTED
COMMISSIONER GREGORY WILSON
VOTED.
Copy served upon the Applicant, the Planning and Deve opment Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By; `r; ` Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0063
Page 3
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 1
STAFF REPORT
HEARING DATE: August 4, 2016
TO: Planning and Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Harmony Hills Assisted Living – CUP H-2016-0063
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Derk Pardoe, has applied for a conditional use permit (CUP) for a residential care
facility in a C-G 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 August 4, 2016. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Brent Barfuss (applicant’s representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
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-2016-
0063 as presented in the staff report for the hearing date of August 4, 2016, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0063 as presented
during the hearing on August 4, 2016, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number H-2016-0063 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 on the north side of W. Overland Road, west of S.
Stoddard Road (1521 and 1529 S. Tech Lane) in the southwest ¼ of Section 13, Township 3
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 2
North, Range 1 West.
B. Owner/Applicant:
Derk Pardoe
3454 Stone Mountain Lane
Sandy, UT 84072
C. Representative:
Brian Carlisle, The Richardson Design Partnership, LLC
510 South 600 East
Salt Lake City, UT 84102
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. A public hearing is required before the
Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: June 20, and July 18, 2016
C. Radius notices mailed to properties within 300 feet on: July 18 and August 1, 2016
D. Applicant posted notice on site by: July 21, 2016
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant commercial property, zoned C-G.
B. Adjacent Land Use and Zoning:
1. North: Overland Park Apartments (currently under construction) zoned, C-G
2. East: Vacant property zoned C-G
3. South: Overland Road and Sagewood Subdivision (currently under construction), zoned L-O
and R-8
4. West: Vacant industrial property, zoned I-L (Future site of recently approved Bish’s RV
Sales)
C. History of Previous Actions:
In 2001, the property received a conditional use permit/planned unit development approval
(CUP-01-009), under the name of Treasure Valley Technical Center, which allowed for
daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was
approved and any future daycare, office and retail uses require conditional use permit
approval.
In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26
+/- acre portion of the site to the north and west of Western Electronics that consisted of 11
building lots and 2 common lots.
In 2008, the property received comprehensive map amendment and rezone (CPA -08-005 and
RZ-08-003) approval to change the land use from industrial to commercial and rezone the
property from the I-L zone to the C-G zone. With the rezone of the property, the City
required a development agreement (DA) that recorded as instrument #108119853. The
recorded DA requires compliance with a specific concept plan and building elevations.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 3
In 2014, the property received approval to modify the development agreement #108119853
(MDA-14-003) to develop the property as a mixed use development consisting of office,
multi-family and retail uses. The subject DA recorded as Instrument #114034780.
On July 19, 2016, theCity Council approved a development agreement modification application
(H-2016-0061) that approved a new concept plan and conceptual elevations for the proposed
development. To date, the amended development agreement has not been finalized.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to this site is intended to be from an extension
from the mainline in S. Tech Lane.
b. Location of water: Water service to this site is intended to be from an extension from a
water main stub in W. Overland Road.
c. Issues or concerns: Applicant shall be responsible for the connection of the W. Overland
Road Water main stub, located near the west driveway approach, to the existing main
stub in the Overland Park Apartment project. This connection was a condition of the
Overland Park Apartment project, however a delay in the construction was approved to
until the subject parcel developed.
E. Physical Features:
1. Canals/Ditches Irrigation: There is a 50 foot irrigation easement that runs along the southern
and western property lines of the subject property.
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
Land Use: The subject property is designated “Commercial” on the Comprehensive Plan Future Land
Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full
range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
government offices. Within this land use category, specific zones may be created to focus commercial
activities unique to their locations. These zones may include neighborhood commercial uses focusing
on specialized service for residential areas adjacent to that zone.”
Staff finds that the proposed development is consistent with desired land use in the Commercial land
use designated area, and should contribute to the variety of uses and dwelling unit options for seniors
in the area.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (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.
Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and
other types of health care are provided in the community (2.02.01).
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 4
Staff is supportive of the proposed residential care (assisted living) facility and believes it
will contribute to the variety of long term health care options available in the community.
“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)
In addition to the required twenty five (25) foot street landscape buffer, in accord with the
standards listed in UDC 11-3B-7C.
“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)
The proposed assisted living facility will contribute to the variety of housing types available
within this part of the City.
“Permit new development only where urban services can be reasona bly provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City services are readily available to serve the proposed development in accord with UDC
11-3A-21.
“Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point to E. Overland Road that was granted with PP-
07-013. ACHD is requiring the applicant to coordinate with the property owner to the west to
create a single cross-access driveway between the two lots. This will reduce the number of
access points onto E. Overland Road. Further, the recorded plat grants cross access to the
property to the west.
For the above-stated reasons, staff believes the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
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.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. A residential care
facility is listed as a conditional use in the C-G zoning district. Compliance with the
specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities, is
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 5
required.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to development of this site.
D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot
standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with
UDC Table 11-2B-3.
E. Off-Street Parking: UDC Table 11-3C-6 requires 0.5 vehicle parking spaces per bed.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards
Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional use Permit (CUP): The applicant has submitted an application for a conditional use
permit (CUP) for a residential care facility in a C-G zoning district as required by UDC Table 11-
2B-2. A two-story 48,742 s.f. assisted living facility is proposed that will contain a total of 72
beds.
As mentioned above, City Council recently approved a new concept plan and building elevations
for the subject property consistent with the proposed development. The amended development
agreement has not been finalized and needs to be before applying a certificate of zoning
compliance approval. For illustrative purposes, staff has included the concept plan approved by
Council, so the Commission can see how the entire site is envisioned to develop (see Exhibit
A.2).
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop.
The subject parcel consists of 1.72 acres of land; two (2) parcels.
ACHD Comments: ACHD is requiring the dedication of additional right-of-way for W. Overland
Road to equal 60-feet from centerline of the roadway. This requirement may impact the site plan
that has been proposed. The applicant will need to submit a revised site plan that takes into
account this requirement.
Access: Access is proposed to this site via a future access to Tech Lane, and a shared access point
to E. Overland Road that was approved with PP-07-013. After the application submittal, the
applicant submitted a revised site plan that has reoriented the entrance of the building towards the
southwest instead of southeast. Further the proposed site plan now has a single shared access to
W. Overland Road. Staff has routed the revised site plan to the Meridian Fire Department for
comments but none have received as of the print date of the staff report. The applicant should
coordinate with the Meridian Fire department to ensure the site can be served with a single access
point. If not the applicant will be responsible for providing a secondary access in accord with the
International Fire Code (IFC).
It is also important to note the property to the west has been approved to develop with a vehicle
sales facility (Bish’s RV). The recorded plat approved an access to W. Overland Road and
annotates cross access to said property. The submitted concept plan was revised to allow the
interconnectivity. Staff has concerns with recreational vehicles using the shared access. With the
approval of the Bish’s RV Sales Facility, the applicant was approved an access to Overland
Road, farther to the west. Staff encourages the applicant to coordinate with the adjacent property
owner to clearly delineate that the shared driveway is to be used as a vehicle sales entrance only
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 6
and the western most driveway is to be used as a service entrance to minimize conflicts between
the two uses.
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-two (72) bedroom units are proposed, therefore, a total of 36 spaces are required. A total
of 36 parking spaces are proposed, which meets the UDC requirements.
Based on the number of vehicle parking stalls (35), 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 2 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
listed in UDC 11-3B.
The applicant shall construct a 25-foot wide street buffer along E. Overland Road, an arterial
roadway, in accord with UDC 11-3B-7C.
The proposed landscape buffer along the frontage of W. Overland Road does not show the
required mixture of vegetation as required by UDC 11-3B-7. The UDC requires a mixture of
trees, grass, bushes and ground cover. The applicant will need to revise the landscape plan to
meet this requirement. There is an irrigation easement that exists along the southern and western
boundaries of the site. The applicant will either need to provide an additional 5 feet of
landscaping outside of the irrigation easement or apply for alternative compliance for the
landscaping that would otherwise be required by the UDC.
The gravel between the sidewalk and the curb adjacent to W. Overland road needs to be removed
and replaced with vegetation.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The
proposed plan complies with these standards.
Amenities: The outdoor gathering space for the proposed assisted living facility is limited.
In lieu of additional open space, the applicant has provided some additional amenities for
the project. The amenities include the following:
1. Hair salon
2. Activity room
3. Theater room with refreshments
4. Entry lounge with fireplace
5. Common area with fireplace
Trash Enclosure: A trash enclosure is depicted on the site plan at the southwest 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
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 7
time, the applicant or owner shall concurrently apply for a change of occupancy
as required by the building code in accord with Title 10 of this code. 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.
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 is required
to be constructed within the required 25 foot landscape buffer.
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.
A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk
along E. Overland Road 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.
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 cultured stone,
cement fiber board, and asphalt shingles.
The proposed architecture for the assisted living facility is meant to complement the architecture
of the Overland Park Apartments that are currently under construction to the north of this project.
The future structure is required to comply with the design standards listed in UDC 11-3A-19 and
the Architectural Standards Manual.
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 Architectural Standards Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 8
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: 05/16/16)
3. Concept Plan
4. Landscape Plan (dated: 04/14/16)
5. Building Elevations
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
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 9
Exhibit A.1: Vicinity/Zoning Map
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 10
Exhibit A.2: Site Plan
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 11
Exhibit A.3: Concept Plan
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 12
Exhibit A.4: Landscape Plan
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 13
Exhibit A.5: Building Elevations
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 14
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 15
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Development of the site shall substantially comply with the site plan, landscape 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 The site plan 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. A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk
along West Overland Road 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. Revise the site plan to accommodate the additional ROW required by ACHD.
1.4 The landscape plan included in Exhibit A.4, dated April 14, 2016, shall be revised as follows:
a. The gravel adjacent to W. Overland road between the sidewalk and the curb needs to be
removed and landscaped according to UDC 11-3B-7C.
b. The applicant shall either provide an additional five (5) feet of landscaping along W.
Overland road outside of the irrigation easement, or apply for alternative compliance for the
landscaping. If alternative compliance is desired, apply concurrently with the Certificate of
Zoning Compliance and Design Review.
c. Prior to the Commission hearing, the applicant shall submit an updated landscape plan that
reflects the changes made to the site plan.
1.5 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).
1.6 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 Architectural Standards Manual.
1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.8 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
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 16
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.
1.9 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.
2.0 The amended development agreement approved with A-2016-0061 shall be recorded prior to
applying for a certificate of zoning compliance application.
2. PUBLIC WORKS DEPARTMENT
2.1 Applicant shall be responsible to initiate the partial relinquishment of the existing Sanitary Sewer
and Water Main Easement that traverses along the north boundary, recorded as Instrument
#108080948. A portion of this easement needs to be removed as it will not be needed.
2.2 Applicant shall be responsible for the connection of the W. Overland Road Water main stub,
located near the west driveway approach, to the existing main stub in the Overland Park
Apartment project. This connection was a condition of the Overland Park Apartment project;
however a delay in the construction was approved to until the subject parcel developed.
2.3 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall be dedicated using the City of
Meridian’s standard forms. Applicant shall submit an executed easement (on the form available
from Public Works), a legal description prepared by an Idaho Licensed Professional Land
Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11”
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.7 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 17
2.9 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.11 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.12 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.14 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.15 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. FIRE DEPARTMENT
3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require
locking Knox box plugs.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
1.5 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 to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 18
1.6 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
1.7 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
1.8 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
1.9 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
1.10 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
1.11 Commercial and office occupancies will require a fire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
1.12 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
1.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
1.14 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
1.15 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
3.14 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
3.17 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
3.18 One of the elevators within the development shall be sized to accommodate an ambulance stretcher.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 19
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
6.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way
(including all easements). Any existing irrigation facilities shall be relocated outside of
the ACHD right-of-way (including all easements).
6.2 Private Utilities including sewer or water systems are prohibited from being located
within the ACHD right-of-way.
6.3 In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
6.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
6.5 A license agreement and compliance with the District’s Tree Planter policy is required
for all landscaping proposed within ACHD right-of-way or easement areas.
6.6 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
6.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1 -811-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
6.8 Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file
numbers) for details.
6.9 All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and
all applicable ACHD Standards unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all improvement plans.
6.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 20
6.12 If the site plan or use should change in the future, ACHD Planning Review will review
the site plan and may require additional improvements to the transportation system at
that time. Any change in the planned use of the property which is the subject of this
application, shall require the applicant to comply with ACHD Policy and Standard
Conditions of Approval in place at that time unless a waiver/variance of the
requirements or other legal relief is granted by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no concerns with this project.
Exhibit A
Harmony Hills Assisted Living – CUP H-2016-0063 PAGE 21
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.
Staff finds that the subject property is large enough to accommodate the proposed use and the
dimensional & development regulations of the C-G 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.
Staff finds that the proposed use is consistent and harmonious with the UDC and Comprehensive
Plan Future Land Use Map designation of Commercial 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.
Staff 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-G and adjacent I-L 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.
Staff 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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided
to the subject property. Staff 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. Staff
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.
Harmony Hills Assisted Living – CUP H-2016-0063 22
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.
Staff 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.
Staff 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.