Z - Signed Findings CITY OF MERIDIAN E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Brightstar Care Meridian,Located at
3336 and 3340 N.Meridian Rd in the L-O Zoning District,by Hatch Design Architecture.
Case No(s).H-2021-0040
For the Planning& Zoning Commission Hearing Date of: July 15,2021 (Findings on August 5,
2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 15,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 15,2021,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of July 15,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 15,2021,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. 11-7 84 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-2021-0040
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of July 15,2021,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 § I I-
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 July 15,2021,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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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 July 15,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0040
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 12th day
of August,2021
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER 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: 8-12-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0040
Page 3
EXHIBIT A
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 7/15/2021 Legend
DATE:
Prate---_zm- :: cm
TO: Planning&Zoning Commission
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FROM: Alan Tiefenbach,Associate Planner
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208-884-5533 f
Bruce Freckleton,Development —
Services Manager
208-887-2211
—W-UST1C RD E_USTI�{'R
SUBJECT: H-2021-0040
Brightstar Care Meridian CUP r.
LOCATION: The site is located at 3336 and 3340 N.
Meridian Rd,near the northeast corner of ��-FF-F
N. Meridian Rd. and E.Ustick Rd.
I. PROJECT DESCRIPTION
This is a proposal for a conditional use permit to allow a 5,800 sq. ft. nursing and residential care
facility in the L-O zoning district. There will be 12 bedrooms (one occupant per bedroom) and a small
office for 2 staff. The development is proposed on two lots totaling approximately 0.43 acres.
lI. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage - 0.43 acres(two lots)
Future Land Use Designation Office
Existing Land Use(s) Vacant lots in an existing office complex
Proposed Land Use(s) Nursing and Residential Care
Lots(#and type;bldg./common) 2
Phasing Plan(#of phases) One phase
Number of Residential Units(type 12 bedrooms,one occupant per bedroom
of units)
Density(gross&net) N/A
Open Space(acres,total N/A
[%]/buffer/qualified)
Amenities N/A
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of May 4,2021 —5 attendees
attendees:
Page 1
Description 1 Details Page
History(previous approvals) DA Inst# 106133465, RZ-06-001,PP 06-014;CUP-06-
0011 and FP-06-0042
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State There is one access from N.Meridian Rd. (Arterial),one
Hwy/Loca1)(Existing and Proposed) point of access from E.Ustick Rd. (Arterial)and another
eastern point of access from E. Santiago Ct(Local)
Stub Street/Interconnectivity/Cross Site takes access across properties to the south,east and
Access west.Cross access easements have been submitted.
Existing Road Network N. Meridian Rd,E.Ustick Rd.,E. Santiago Ct.
Existing Arterial Sidewalks/ Property is internal to the development. There are existing
Buffers buffers and sidewalks along N.Meridian Rd,E.and Ustick
Rd. There is sidewalk along E. Santiago Ct.
Proposed Road Improvements None
Distance to nearest City Park(+ Settlers Park is directly across N.Meridian Rd(to the west
size) of the property)
Fire Service
• No Fire Comments
Police Service
• No comments
Wastewater
• Distance to Sewer NA
Services
• Sewer Shed White Drain Trunkshed
• Estimated Project Sewer See Application
ERU's
• WRRF Declining Balance 14.16
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Additional 366 GPD of flow and 9 GPF of
infiltration committed to model.
• No sewer main is shown on the submittal.Any
changes to public work infrastructure must be
reviewed and approved by Public Works.
Water
• Distance to Water Services 0
• Pressure Zone 2
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Comments • No water main is shown on the submittal.Any
changes to public infrastructure must be reviewed
and approved by Public Works.
Page 2
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant/Representative:
Jeff Hatch,Hatch Design Architecture -200 W. 36th St.,Boise,ID, 83714
Page 3
a F-1
B. Owner:
Settler's Crossing LOC—7761 W. Riverside Dr, Ste 100,Boise, ID, 83714
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 6/10/2021
Radius notification mailed to
properties within 300 feet 6/22/2021
Nextdoor posting 6/22/2021
Sign Posting 6/25/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
The Future Land Use Map recommends this property for office uses. This designation is intended
to provide opportunities for low-impact business areas. These uses would include professional
offices,technology and resource centers; ancillary commercial uses may be considered
(particularly within research and development centers or technological parks).
This proposal is for a nursing and residential care facility for up to 12 bedrooms and one staff
office for two staff. This use is not included in the Comprehensive Plan description for office
uses. However,the property is already zoned L-O, and a nursing and residential care facility is a
permitted use by conditional use permit..
B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan):
• Encourage development of universally accessible home designs within new developments
and home retrofits, allowing residents to age in place and creating full accessibility for all
residents of varying levels of physical ability. (2.01.01E)
This project is to allow a nursing and residential care facility for senior and memory care.
The facility must meet all accessibility and ADA requirements, and will allow residents to age
in place in their community.
• Encourage a variety of housing types that meet the needs,preferences, and financial
capabilities of Meridian's present and future residents. (2.01.02D)
A nursing and residential care facility is a specific housing option to meet the needs,
preferences, and financial capabilities for Meridian's elderly residents.
• Support infill development that does not negatively impact the abutting, existing
development. (2.02.02C)
This project is an infill project. It is proposed on two vacant lots in an existing office
development with existing single family residential to the north and east. The building is
designed to be one story and 18'in height to be respectful of existing development. The
architecture is designed to complement the residential directly adjacent to the north and
consists of stucco exterior materials, multiple pitched roofs, with numerous exposed timber
frame accents.
Page 4
a F-1
• Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval,and in accord with any adopted levels of
service for public facilities and services.
The subject lots are within an already-developed commercial complex(Settlers Business
Park)which is already served by public facilities and services.
C. Existing Structures/Site Improvements:
The subject property is presently two vacant lots. Parking and infrastructure has already been
constructed as part of the Settlers Business Park(Sundance Subdivision No. 5)commercial
development. As this building will be straddling two lots, as a condition of approval staff will
recommend a property boundary adjustment to merge the lots.
D. Proposed Use Analysis:
The property is already zoned L-O. A nursing and residential care facility is allowed by
conditional use permit in this zoning district.
E. Specific Use Standards(UDC 11-4-3):
The Specific Use Standards for a nursing or residential care facility per UDC 11-4-3-29 require a
change in occupancy for any dwelling of more than 10 people and a license from the State of
Idaho Department of Health and Welfare. For facilities providing care to patients who suffer from
Alzheimer's disease,dementia or other similar, 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.
The applicant has provided a fencing site plan reflecting the area to be enclosed. At the time of
CZC,the applicant shall provide details of the fencing that meets the requirements of 11-4-3-29.
F. Dimensional Standards(UDC 11-2):
Dimensional standards in the L-O zoning district include 10' interior side setbacks and a building
height of 35. There are no required front or rear setbacks. There is a requirement for a 20'
landscape buffer adjacent to residential uses which is currently installed with the subdivision
improvements.
The plans indicate the side setback to the north is met and the height is well below the 35'
maximum. The southern side setback is presently deficient(to the interior lot line),but the
applicant also owns the property to the south and a property boundary adjustment is required as a
condition of approval.
The applicant requests a 10' wide residential landscape buffer rather than the 20'. This is
discussed in the landscaping section below. Per city code,this requires the action of the City
Council.
G. Access(UDC 11-3A-3, 11-3H-4):
All points of access are existing. There is one access from N. Meridian Rd., one point of access
from E. Ustick Rd. and another eastern point of access from E. Santiago Ct. through the Sundance
Subdivision No. 4. The subject lots are interior to the development. The Sundance Subdivision
No 5 has a plat note which grants access to the subject lots, and the applicant submitted a copy of
the recorded cross access easement to staff.ACHD has not expressed any concerns with this
development.
Page 5
a F-1
H. Parking(UDC 11-3C):
UDC 11-3C-6 requires 0.5 spaces per bed for a nursing and residential care facility. With the
facility being 12 bedrooms and one resident to a room, 6 parking spaces are required. The parking
regulation do not mention the parking requirements for the 2 staff that are anticipated, although at
the time of the CZC staff will require the applicant provide the square footages of the office to
apply the commercial ratio.
The subject properties are within a larger commercial complex of mostly office uses with parking
shared between 6 existing buildings. There is a shared parking agreement included in the CC&Rs
as well as noted on the plat. The 6 existing buildings comprise approximately 23,000 sq. ft.total
gross floor area. Based on the requirement of 1 parking space per 500 sq. ft.,46 parking spaces
would be required. The parking lot as constructed for the entire complex contains at least 160
parking spaces, and 14 of these parking spaces are on the subject property. It appears the parking
spaces meet the minimum dimensions of 9'x19'. The parking as provided greatly exceeds what is
required by UDC 11-3C. There is one bicycle parking space provided at the west side of the
building,near a main entrance.
It should be noted there are still three lots that are vacant and could be built out in this
business park.Although it is unknown what types of buildings or square footages would be
constructed on these last three remaining lots,given the small amount of developable land,
staff believes that the remaining 108 parking spaces would be sufficient.At time of CZC for
any development on these remaining lots,staff will review parking requirements.
1. Sidewalks(UDC 11-3A-17):
Parking,drives aisles and sidewalks have already been installed in the commercial complex. The
subject property will add an additional sidewalk along the south side of the building that connects
to the sidewalk that stubs to the east, and will include a patio and walkway along the west(front)
of the building that terminates at the western parking lot.
Staff does have a concern regarding whether there are any impediments to pedestrian circulation
from the northwest to the southwest corner of the site.At time of CZC the applicant will need to
demonstrate sufficient pedestrian circulation is maintained.
J. Landscaping(UDC 11-3B):
UDC 11-213-3 and the development agreement require a 20' wide landscape buffer adjacent to the
existing residentially zoned lots to the north which is presently constructed.
The landscape plan reflects a 10' wide buffer adjacent to the residential properties to the north.
The applicant has noted the Settlers Business Park Property Owners Association has responded
that the original intent of this requirement was to mitigate the impact of commercial properties on
the adjacent residential. According to the applicant,as this development is a residential type use,
this requirement was not meant to apply in this situation. The applicant adds that fencing is
provided between the subject property and the properties to the north,and trees are provided in
the proposed buffer at approximately 12.5' spacing,which is almost three times the density
required by 11-3B-9 (requiring 35' spacing).
Although UDC 11-513-5 does allow the Planning Director to allow some deviations from the
landscape requirements through alternative compliance,in this case,this requirement is part of a
development agreement, such reduction can only be allowed by the City Council.As a condition
of approval, staff recommends as a condition of approval that the applicant submit a development
agreement modification application prior to submitting the certificate of zoning compliance to
allow the 10-foot reduction to the buffer.NOTE: If the Council doesn't support the request to
reduce the buffer the building will need to be redesigned so it does not encroach within the 20-
Page 6
■
foot landscape buffer. In addition,the landscape plan indicates trees qualifying for mitigation are
being removed. The applicant should coordinate with the City Arborist for their review and
comment prior to submission of the CZC.
All required parking lot landscaping has already been approved/installed with the development of
the Settlers Business Park. The landscape plan reflects landscaping of at least 6' in width along
the foundation of the entire building.
K. Waterways(UDC 11-3A-6):
No waterways cross this property.
L. Fencing(UDC 11-3A-6, 11-3A-7):
The applicant has submitted a fencing plan. Fencing is proposed to surround the north, east and
half of the south side of the property. This fencing is being installed to protect the safety of
memory-compromised residents. All fencing as shown meets the requirements of UDC 11-3A-7
and the specific use standards of 11-4-3-29.
M. Utilities (UDC 11-3A-21):
All utilities are existing and accessible for this property.
The building layout as proposed slightly encroaches onto a 10' City of Meridian Water Easement
at the south,although there is not presently a water line in this location. As a condition of
approval,the applicant will be required to request the City Council vacate this easement and must
dedicate a new water easement in a slightly reconfigured location.
N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Building elevations indicate a one-story building(18' in height+/-)with exterior materials
comprised of stucco, stone wainscoting, exposed timber frame accents and multiple roof pitches.
At time of Certificate of Zoning Compliance(CZC)and Design Review(DE)the architecture
will be reviewed against the requirements of the Architectural Standards Manual(ASM).
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on July 15,2021. At the public
hearing.the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing:
a. In favor: Jeff Hatch
b. In opposition:None
C. Commenting: Jeff Hatch
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Owner of adjacent daycare expressed support for the proposal.
3. Key issue(s)of discussion by Commission:
a. Commission voiced support for DA modification to allow buffer reduction.
4. Commission change(s)to Staff recommendation:
a. None
Page 7
Page 8
VII. EXHIBITS
A. Site Plan(date: 5/28/202 1)
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Page 11
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Page 13
a F-1
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Certificate of Zoning Compliance and administrative design review application is required to
be submitted to the Planning Division and approved prior to submittal of building permit
applications. The applicant will either meet all architectural requirements of the Architectural
Standards Manual(ASM)or apply for a design exception as part of the CZC submittal.
2. 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
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-513-6F.
3. The applicant shall either meet the 20' residential landscape buffer requirement, or request a
development agreement modification through the City Council prior to submitting a certificate of
zoning compliance application.
4. At the time of Certificate of Zoning Compliance and Design Review submittal,the applicant shall
demonstrate the pedestrian connectivity standards of UDC 11-3A-19-B-4 and UDC 11-3A-17 are
satisfied.
5. Prior to building permit submittal,the applicant shall vacate the 10' City of Meridian water
easement at the south of the proposed building and rededicate a new easement.
6. The site plan prepared by Hatch Design Architecture,dated May 28,2021, is approved as
submitted,with the revisions as described in conditions 3&4 above.
7. The landscape plan prepared by Rodney Evans+Partners,dated May 28,2021, is approved as
submitted,with the revisions as described in conditions 3&4 above.
8 Applicant shall comply with the specific use standards listed in UDC 11-4-3-29 for a nursing or
residential care facility.
9. At the time of Certificate of Zoning Compliance and Design Review submittal,the Applicant
shall substantially comply with the submitted site-plan, landscape plan, and elevations of this
application.
10. Prior to building permit submittal,the applicant shall complete a property boundary adjustment to
merge both lots.
11. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site(DA Inst# 106133465, RZ-06-001,PP 06-014; CUP-06-011
and FP-06-042).
IX. FINDINGS
A. Conditional Use Permit
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.
The Commission finds the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the L-O zoning district.
Page 14
a F-I
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this title.
The Commission finds the proposed nursing and residential care facility will be harmonious with
the Comprehensive Plan in that it will provide alternative housing options that are close to
existing commercial and retail services for older residents.
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.
The Commission finds the design, construction, and operation of the nursing and residential care
facility should be compatible with the adjacent existing residential uses and the future
commercial uses nearby and will not adversely change the essential character of the same 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.
If the proposed project complies with the conditions of approval in Section VII as required, the
Commission finds the proposed nursing and residential care facility should not adversely affect
other properties in the vicinity.
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.
Because the site is already annexed into the City and these services are already being provided to
the existing Settlers Business Park, the Commission finds the proposed use will be served
adequately by all public facilities and services.
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.
The Commission finds the proposed use should not create any 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.
Although traffic may increase very slightly in this area due to the proposed use, the Commission
finds the proposed nursing and residential care should not be detrimental to the general welfare.
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)
The Commission is unaware of any natural, scenic or historic features in this area; however;
finds the proposed use should not result in damage of any such features.
Page 15