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McMillan Senior Living ALT, CZC, DES (A-2021-0071) REISSUEConditions Document 1 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 8, 2021 TO: Tamara Thompson, The Land Group FROM: Joseph Dodson, Current Associate Planner SUBJECT: McMillan Independent Senior Living - ALT, DES, CZC (A-2020-0077) Boise Capital, LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tamara Thompson, requests Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval of a new 162 unit, age-restricted, independent senior living facility on 6.563 acres of land in the C-G zoning district with previous Conditional Use Permit approval by Planning and Zoning Commission. The applicant has also requested Alternative Compliance (ALT) approval for the amount of private open space being proposed. The site is located at 4923 N. Cortona Way. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review, and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Alternative Compliance The Applicant has requested Alternative Compliance approval, per the standards in UDC -11- 5B-5B2, to the Specific Use Standards for multi-family development (UDC 11-4-3-27) that require a minimum of 80 square feet of private open space for each unit. This area is most often provided via balconies/patios that each resident may use privately. This project proposes balconies and patios for each unit but many do not meet the minimum size required by code. Therefore, the Applicant has proposed alternative compliance in lieu of providing the full 80 square feet. Staff finds the Applicant’s Alternative Compliance provides an equal or superior means of meeting the intent and purpose of the requirement as analyzed below in the required findings for Alternative Compliance: 1. Strict adherence or application of the requirements are not feasible; or The applicant has stated to Staff that providing the full 80 square feet in each unit would require a large redesign of the units and would take away from the livable space that is being provided in the smaller units. Staff believes strict adherence to the required size is possible but not ideal due to the loss of livable floor area for units that are already 500 square feet or less which make up a majority of the available units. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Conditions Document 2 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 The Applicant is providing a number of amenities that residents in this development will use both privately and in groups of small and large sizes. The Applicant states the usage of private patios in their other developments are minimal as the residents tend to use the many other available amenities led by a full-time, on-site activity director. Both the interior and exterior amenity package provide thousands of additional square footage of usable space for residents. For example, the indoor Bistro and associated lounge; the wellness and massage center; the outdoor sports courts; the outdoor picnic areas; the 20-seat theater; and many more. Each unit does have a patio/balcony if the resident would like to use it but there does not seem to be a need for each unit to have the full 80 square feet. The smallest provided private open space is 43 square feet and these account for 40% of the units; the rest of the private open space is 60 square feet or more for the remaining units. Staff finds that the large amenity package and general demographic that utilizes these types of senior living facilities do not require the required 80 square feet and instead, the Applicant’s alternative provides superior means of meeting the intent of this requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The alternative means provided by the Applicant is not detrimental to the public welfare of the subject property or to those surrounding properties. In addition, Staff finds the alternative means will enhance the character of this project and its surroundings rather than impair it. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the multi-family development specific use standard requirement that each unit have a minimum of 80 square feet of private open space. See “Alternative Compliance” section above for staff analysis. 2. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 3. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. Conditions Document 3 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B-14A. 5. The site plan prepared by Bernard Willis Architects on March 20, 2020, labeled Architectural Site Plan and shown in Exhibit B, is approved by the City of Meridian Planning Division with the following condition: a. At the time of building permit submittal, the applicant shall add the location of the noted bicycle racks to the site plan with clearly visible markings/labels. 6. The landscape plan prepared by Bernard Willis Architects on March 20, 2020, labeled Landscape Planting Plan, is approved by the City of Meridian Planning Division as shown in Exhibit C. 7. The elevations prepared by Bernard Willis Architects on March 20, 2020, labeled Exterior Elevations and shown in Exhibit D, are approved by the City of Meridian Planning Division with the following conditions: a. At the time of building permit submittal, the rear elevations of all proposed garages shall have additional color sections added in order to add color variation across the horizontal plane and meet architectural design standards. b. At the time of building permit submittal, additional elevations of the proposed maintenance building shall be added to the elevations package that show compliance with the required architectural design standards. 8. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 9. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 10. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 11. 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. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. If applicable, the applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site: A-2019-0290 (PBA, ROS # 12081); H-2019-0126 (MDA); H-2020-0004 (CUP). 4. The issuance of this ALT, CZC, and DES does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Conditions Document 4 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-27, Multi-Family Development. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before April 23, 2021, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until April 8, 2022. EXHIBITS A: Vicinity Map B: Site Plan (dated: March 20, 2020) C: Landscape Plan (dated: March 20, 2020) D: Elevations (dated: March 20, 2020) Conditions Document 5 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 Exhibit A: Vicinity Map Conditions Document 6 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 Exhibit B: Site Plan (dated: March 20, 2020) Conditions Document 7 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 Conditions Document 8 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 Exhibit C: Landscape Plan (dated: March 20, 2020) Conditions Document 9 McMillan Senior Living - ALT, DES, CZC - A-2020-0077 Exhibit D: Elevations (dated: March 20, 2020) Conditions Document 10 McMillan Senior Living - ALT, DES, CZC - A-2020-0077