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Northpointe Recovery Center CUP H-2020-0126 Findings Item 3. F75 CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Residential Care Facility on 3.86 Acres of Land in the C-G Zoning District,Located East of N.Webb Ave.between E. State Ave. and E.Pine Ave.,by Cole Architects. Case No(s).H-2020-0126 For the Planning& Zoning Commission Hearing Date of: February 4,2021 (Findings on February 18,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 4,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 4,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 4, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 4, 2021,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-2020-0126 Page 1 Item 3. 76 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of February 4,2021, 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 February 4, 2021, 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 11-513-6F.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. 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 February 4, 2021 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2020-0126 Page 2 Item 3. 77 By action of the Planning&Zoning Commission at its regular meeting held on the 18th day of February ,2021. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED COMMISSIONER LISA HOLLAND VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER NICK GROVE VOTED COMMISSIONER MARIA LORCHER VOTED Rhonda McCarvel, Chairman Attest: Chris Johnson, City Clerk Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 2-18-2021 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2020-0126 Page 3 Item 3. ■ EXHIBIT A C� E IDIAN�-- STAFF REPORT f D A H 0 COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/4/2021 Legend DATE: Iff Project Lflcfl�iar TO: Planning&Zoning Commission 11 mill I I - FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0126 lE _ Northpoint Recovery Center—CUP, DES y LOCATION: East of N. Webb Ave.between E. State Ave. &E. Pine Ave.,in the NW 1/4 of Section 8,Township 3N.,Range 1E. III Jill I. PROJECT DESCRIPTION Conditional use permit for a 30,000+/-square foot residential care facility on 3.86 acres of land in a C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.86 acres Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential care facility Current Zoning General Retail and Service Commercial District(C-G) Proposed Zoning NA Lots(#and type;bldg/common) NA Amenities NA Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 12/8/20;2 people from the public attended the meeting attendees: Page 1 Item 3. ■ EXHIBIT A History(previous approvals) ROS#6734(2004);portion of Lot 3 and Lots 4-5,Block 3, Gemtone Center No.2(1997);Pinebridge(AZ-07-006; RZ-07-010;PP-07-008—DA#108022893);H-2017-0058 (Pine 43—AZ,RZ,PP,MDA—DA#2018-000751);ROS #11291 (Parcel 4)(2018);A-2020-0182(PBA,"parcel B" tentative) approved) A. Project Area Maps Future Land Use Map Aerial Map Legend A � Legend ff s IProject Laca-non id letP-ojeot Loco-or '1YI j M1 7 Tw Reitial F+ �hIJ.C R - u ; a Zoning Map Planned Development Map Legend IR1 0 Legend ! Prc'eo- Lmou-non L L-0 C. IetProjeat Luca-ion U , City Limit 1 - — Planned Parcels 1=L .40 Ri- R y RUT „ FM -x JJJ I L Page 2 Item 3. F80 EXHIBIT A III. APPLICANT INFORMATION A. Applicant: Jennifer Mohr, Cole Architects— 1008 W. Main St.,Boise,ID 83702 B. Owner: Robert Quinn,TQ Flagstone, LLC—811 N.W. 13'St.,Fruitland, ID 83619 C. Representative: Same as Applicant IV. STAFF ANALYSIS A Conditional Use Permit(CUP)is proposed for a new 30,000+/-square foot single-story residential care facility on 3.86 acres of land in a C-G zoning district, as required by UDC Table 11-213-2. The facility will be an in-patient/out-patient addiction treatment provider with 48 beds with administrative and treatment uses. The proposed use is consistent with the Comprehensive Plan Future Land Use Map designation of Mixed Use—Community(MU-C)in that it will contribute to the mix of uses in this area and the variety of healthcare options available in the City. It will provide for the physical and mental health care needs of the community in relation to addiction recovery and is in close proximity to housing, arterial streets and businesses. The use should be compatible with residential uses to the north as well as the industrial use to the east and future commercial uses to the west and south. A segment of the City's multi-use pathway system is proposed along the eastern boundary of the site between State and Pine Avenue as a public amenity,which will connect different land use types. Only the eastern 315'+/-portion of the property is proposed to develop with this application; the western 70'+/-wide strip of land is proposed to develop at a later time. Two(2)building pads and associated parking are depicted on the site plan for future development. That portion of the site is not approved with this application and will require future submittal of an application for review and approval by the Planning Division. Measures shall be taken so that the undeveloped portion of the site isn't unsightly or a fire hazard. Existing Development Agreement(Inst.2 01 8-0 0 0 751): The existing Development Agreement (DA) approved for Pine 43 in 2018 contains conditions that govern future development of this site. The conceptual development plan approved for this site included in the DA depicts 4 buildings and associated parking on this site. Staff has reviewed the DA and finds the proposed site plan and use in substantial compliance as required. Staff has included recommended conditions of approval in Section VII in accord with the DA as noted below. 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 occupancy as required by the building code in accord with title 10 of this Code. 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. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18)years: Page 3 Item 3. F81 EXHIBIT A 1. All outdoor play areas shall be completely enclosed by a minimum six-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 six(6)feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts 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 six(6) feet, along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. Site Plan: A site plan was submitted, included in Section VI.A,that depicts the footprint of the proposed structure with parking on the north side of the building adjacent to E. State Ave. The western 70'+/-of the subject property is not proposed to develop with this project. A property boundary adjustment application has been tentatively approved for the boundary of this site depicted on the site plan(A-2020-0182,Parcel`B"). Additional items associated with the tentative approval must be submitted in order to finalize the PBA prior to submittal of a Certificate of Zoning Compliance and Design Review application for this site. Access: Access is proposed via E. State Ave. with an emergency only access via E. Pine Ave. A temporary turnaround is proposed on the west side of the site that has been approved by the Fire Dept. Because a driveway is ultimately proposed between the subject property and the property to the west as depicted on the plans,Staff recommends a recorded cross-access easement is submitted granting cross-access/ingress-egress to the property to the west(Parcel#51108244538)with the Certificate of Zoning Compliance application.If the Applicant is unsure where the cross-access will ultimately be provided, the access may alternatively be granted in the future with the subsequent development application for the western portion of the site. Parking: Off-street vehicle parking is required at 0.5 space per bed for residential care facilities as set forth in UDC Table 11-3C-6 and should comply with the dimensional standards listed in UDC Table 11-3C-5. Bicycle parking is required at one space for every 25 proposed vehicle parking spaces or portion thereof as set forth in UDC 11-3C-6G and should comply with the location and design standards listed in UDC 11-3C-5C. Based on 48 beds,a minimum of 24 vehicle spaces are required;43 spaces are proposed in excess of UDC standards resulting in 19 extra spaces. Based on 43 vehicle parking spaces,a minimum of one (1)bicycle parking space is required; four(4) spaces are proposed in excess of UDC standards, resulting in three (3)extra spaces. Landscaping: A 10-foot wide street buffer is required along E. State Ave., a local street, and a 25- foot wide street buffer is required along E. Pine Ave., an arterial street,landscaped in accord with the standards listed in UDC 11-3B-7C. Parking lot landscaping is required as set forth in UDC 11-3B-8C. A landscape plan was submitted, included in Section VII.B,that depicts a 30'+/-street buffer along E. State Ave. and a 40'+/- street buffer along E. Pine Ave. Landscaping exists within the street buffer along E. Pine Ave.;tree locations are depicted on the plan but no vegetative groundcover is depicted. Vegetative groundcover should be depicted on the plan in the street buffers and parkways that complies with UDC 11-3B-5N and the width of street buffers,lineal feet of buffers and the required vs.provided number of trees should be included in the Project Calculations table for Page 4 Item 3. F82] EXHIBIT A the street buffers along E.Pine Ave. and E. State Ave.that demonstrate compliance with UDC standards. The western 70'+/-portion of this property is not proposed to develop with this project; because it's part of this property,Staff recommends the street buffers along Pine and State along the full width of the property are constructed with this project. Perimeter landscaping is required along the east boundary of the site in accord with the standards listed in UDC 11-3B-8C. Landscaping is required in planter islands at the ends of rows of parking in accord with the standards listed in UDC 11-3B-8C.2.Mitigation is required for all existing trees 4" caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B- IOC.5. An existing 16"caliper black locust tree is depicted on the landscape plan;the Applicant should contact Matt Perkins, City Arborist,to determine if mitigation is required. The landscape plan submitted with the Certificate of Zoning Compliance application should comply with these standards. Sidewalk: An existing detached sidewalk(and curb and gutter) exists along the frontage of this site adjacent to E. State Ave. and E. Pine Ave. in accord with the standards listed in UDC 11-3A-17. Pathway: The Pathways Master Plan depicts a segment of the City's regional pathway system along the eastern boundary of this site between E. State Ave. and E. Pine Ave. The Applicant proposes a 10' wide pathway from the north end of the emergency access driveway to the perimeter sidewalk along Pine Ave.;the emergency access driveway is proposed to serve a dual purpose as a pedestrian pathway. Landscaping is required along the pathway in accord with the standards listed in UDC H- 3B-12C. As a public amenity in the MU-C designated area, Staff recommends a bench is provided adjacent to the pathway along the east boundary of the site in close proximity to a shade tree for a rest area. A 14-foot wide public pedestrian easement for the multi-use pathway along the eastern boundary of the site should be submitted with the Certificate of Zoning Compliance application that meets the requirements of the Park's Department(coordinate with Kim Warren). The DA requires pedestrian connections to be provided between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks. The site/landscape plan should be revised to comply with this requirement(i.e.provide pedestrian connections to the future structures to the west). The pathway connection from the perimeter sidewalk along E. State Ave.to the main building entrance should also be distinguished from the vehicular driving surface as noted and required by UDC 11-3A-19B.4. The sidewalk in front of the building should be extended to the east to the emergency access driveway/pedestrian pathway. Elevations: Conceptual building elevations were submitted as shown in Section VI.0 that incorporate materials consisting of horizontal fiber cement siding and stone with vertical wood siding and exposed wood beam accents and standing seam metal roofing. The design of the proposed structure is proportional to and should blend in with the architectural style of the residential development to the north as desired in MU-C designated areas. The square footage of the structure at 30,000 s.f. complies with the provision in the DA that limits the building size to a 30,000 s.£building footprint(provision#5.1.7). The DA requires windows, awnings or arcades totaling at least 30% of the length of the fagade to be provided for facades that are viewable from other structures (provision#5.1.4f); final design shall comply with this requirement and the design standards listed in the Architectural Standards Manual. Page 5 Item 3. F83 EXHIBIT A A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with UDC standards and design standards and conditions noted in Section VII. V. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VII per the Findings in Section VIII. B. The Meridian Planning&Zoning Commission heard this item on February 4,2021. At the public hearing,the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Ian Hoffman, Cole Architects (Applicant's Representative) b. In opposition:None C. Commenting. None d. Written testimony: Jennifer Mohr,Cole Architects(APplicant's Representative) e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission: a. Hours of operation. 4. Commission change(s)to Staff recommendation: a. None Page 6 Item 3. F84 EXHIBIT A VI. EXHIBITS A. Proposed Site Plan(dated: 12/22/2020) 1 !role:[Inlorme[lun: COLE ARCHITECTS ri IL M-1 . _ NOT FOR FUTURE WNSTRUCT*N --7 1 NOT APART J Fj �I �J �i.i.r: ; THE .......:. . LAN D IMEGROUP 11 L LI I "�1,- .` .ram t• �,—.e - • PROPOSm .. eunElc RMME eEtl aOABIT- }..�•t •�. _ ry'�yQ7Ql� RQTAPNTr 1 ED ❑ NOPTHPOINT- — �. a ,u 9 VI R Mrt�i�•+� l7FAME �r..w�l�.��a _R a Coddw!al Ilse PermR-O Plan CONFWMYAL USE PERW-WE PLAN C1.00 Page 7 Item 3. F85 EXHIBIT A SITE PLAN/ SCALE NTS TOTAL SITE.3.68 ACRES DEVELOPED SITE.,2.57 ACRES ■TATEAY UE BUILDING AREA:27659 SF MAX BUILDING HEIGHT:2T-4" REQUIRED PARKING:24 STALLS nrr--- - - � BIKE PARKING:2 I.. �JJ I k 1111.11 ! I I b I ruruNE I OEVELOPENEW . OIfr OF SCOPE ' - - -, - --- PINE STREET r NaRTHPOINT- COLE/ARCH I T CCT c o r c x r— NORTHPOINT RECOVERY I PAGE 103 Page 8 Item 3. F86] EXHIBIT A B. Proposed Landscape Plan(dated: 12/22/2020) COLSUWAME :k?k#k;Stif!7�; ,: 'ii::Fit.�S: •t.,ea+s:, J�RCH �. ITE 'SYf C! GTS ili ��17�{'.'. b�.•r COIIB1Itl1CT18N Sx• k ,. .�..y.. THE k:;k: •-- � ,- LAND GROUP xy�l RII.p11G:� R - R� ram. Y Te • i l� h• �+ y'{��■ NORTHPL7IN7 �;S'�h Fx-J � k�$SF�f:�S'��• :?�55!� —•�r o-v e••— �io.'A::i:YY i:i:, �i:i;�' i::id�'-i.: �:�5$kdSa:�S;� �4eu• NORIMOM RECCVEt Mff1t! FTEAIMW p} anal use Perwuanasrape Pia n FfRMrr 3H6L E PERMR- LANO W:AFE PLAN L1.00 Page 9 Item 3. EXHIBIT A [87 C. Proposed Building Elevations (dated: 1/4/202 1) MATERIAL LEG ENU I lilt 114 --il - COLE ARcHITECTS T -T:�:mlll 0 A---------- - ----------- CCFBTNICTIQN "Al—-—-—-—-- -—-—- -—-—-—-—-—-—-—---- --— -—-— on lu I][] 11U ------- --- - ----------T= moym i ra NT, NORTnI REQDYMVQEN'ER ---------- Woo ----- ------ LU A4.00 Page 10 Item 3. F88] EXHIBIT A VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the existing Development Agreement(Inst. #2018-000751,H-2017-0058). 2. The tentatively approved property boundary adjustment application(A-2020-0182) shall receive final approval prior to submittal of the Certificate of Zoning Compliance and Design Review applications for this development. 3. Continued compliance with the specific use standards listed in UDC 11-4-3-29: Nursing or Residential Care Facilities is required. 4. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict pedestrian connections to the future structures to the west as required by the Development Agreement(provision#5.1.4b). Pathways shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. b. The pedestrian walkway connecting between the perimeter sidewalk along E. State Ave. and the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A- 19B.4. c. Extend the sidewalk in front of the building to the east to the emergency access driveway/pedestrian pathway. d. Depict landscaping in the street buffers and parkways along E. State Ave.and E.Pine Ave. along the full width of the property,including the portion not proposed to develop with this project, in accord with the standards listed in UDC 11-3B-7C and 11-3B-5Nrespectively. e. Include the width of the street buffers, lineal feet of buffers and the required vs. provided number of trees in the buffers in the Project Calculations that demonstrate compliance with the standards in UDC 11-3B-7C. f. Depict perimeter landscaping along the east boundary of the site in accord with the standards listed in UDC 11-3B-8C.1. g. Coordinate with Matt Perkins,City Arborist,to determine mitigation requirements for this site. Depict mitigation information on the plan if required by the City Arborist in accord with the standards listed in UDC 11-3B-1OC.5. h. Depict a tree in the planter island at the west end of the row of parking on the east side of the entry driveway in accord with UDC 11-3B-8C.2d. i. Depict landscaping along the emergency access road/pathway along the east boundary of the site in accord with the standards listed in UDC 11-3B-12C. j. Depict a bench adjacent to the pathway along the east boundary of the site in close proximity to a shade tree. 5. All of the site work required above and depicted on the landscape and site plans shall be completed with development of the residential care facility. 6. Submit a 14-foot wide public pedestrian easement for the multi-use pathway along the eastern boundary of the site with the Certificate of Zoning Compliance application that meets the Page I I Item 3. F89 EXHIBIT A requirements of the Park's Department(coordinate with Kim Warren). 7. The maximum building size is limited to a 30,000 square foot building footprint as set forth in the Development Agreement(Inst. #2018-000751,H-2017-0058). 8. Windows,awnings or arcades totaling at least 30%of the length of the facade shall be provided for facades that are viewable from other structures as set forth in the Development Agreement (Inst. #2018-000751,H-2017-0058). 9. A recorded cross-access/ingress-egress easement should be submitted granting cross- access/ingress-egress to the property to the west(Parcel#51108244538)with the Certificate of Zoning Compliance application. If the Applicant is unsure where the cross-access will ultimately be provided, the access may alternatively be granted in the future with the subsequent development application for the western portion of the site. 10. Maintenance of the undeveloped portion of the site shall regularly occur so that the area isn't unsightly or a fire hazard until such time as it's developed. 11. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 12. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=219869&dbid=0&repo=MeridianC Lty C. PARK'S DEPARTMENT https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=222011&dbid=0&repo=MeridianC hty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancioy.oLglWebLinkIDocView.aspx?id=220033&dbid=0&repo=MeridianC hty VIII. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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 the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. Page 12 Item 3. 1 EXHIBIT A 90 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff ,finds the proposed residential care facility will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VII of this report. 3. 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 the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds the proposed use should not adversely affect other properties in the vicinity if it complies with the conditions in Section VII of this report. 5. 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. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. 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. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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 be detrimental to any persons,property or the general welfare by the reasons noted above. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 13