McMillan Senior Living ALT, CZC, DES (A-2021-0071) REISSUEConditions Document
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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
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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.
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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.
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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)
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McMillan Senior Living - ALT, DES, CZC - A-2020-0077
Exhibit A: Vicinity Map
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McMillan Senior Living - ALT, DES, CZC - A-2020-0077
Exhibit B: Site Plan (dated: March 20, 2020)
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Exhibit C: Landscape Plan (dated: March 20, 2020)
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Exhibit D: Elevations (dated: March 20, 2020)
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McMillan Senior Living - ALT, DES, CZC - A-2020-0077