CC - Staff Report 9-14 STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 09/14/2021 Legend
DATE:
Noev-!oca=on
TO: Mayor&City Council
a it
FROM: Alan Tiefenbach,Associate Planner ,. ku �-
208-489-0573 f
SUBJECT: H-2021-0052
Bright Star Care Meridian MDA
—Yhf-Umc RQ E_USTI�{'R
LOCATION: The site is located at 3336&3340 N.
Meridian Rd,in the SW '/a of Section 31,
Township 4N,Range IE.
. TfT
I. PROJECT DESCRIPTION
Modification to the existing Sundance Subdivision Development Agreement and Addendum
(Instrument Ws 102056126 and 106133465)to remove the subject property for the purpose of
entering into a new agreement to allow a reduction to the required 20-foot residential landscape buffer
to construct a 5,800 sq. ft. nursing and residential care facility consistent with approved conditional
use permit(H-2021-0040),by Hatch Design Architecture.
II. SUMMARY OF REPORT
A. Applicant/Representative:
Jeff Hatch,Hatch Design Architecture-200 W. 36th St.,Boise, ID, 83714
B. Owner:
Settler's Crossing LOC—7761 W. Riverside Dr, Ste 100,Boise, ID, 83714
III. STAFF ANALYSIS
The subject property is presently two vacant lots comprising 0.43 acres and is within the Settlers
Business Park(Sundance Subdivision No. 5). The subject property is within the Sundance
Subdivision Development Agreement, originally recorded in 2002 and modified in 2006.
On July 15, 2021,the Planning Commission approved a conditional use on the subject property to
allow a 5,800 sq. ft.nursing and residential care facility. The landscape plan of this facility reflected a
10' wide buffer adjacent to the residential properties to the north. However, a requirement of the
Sundance Subdivision Development Agreement is that due to the single family uses abutting the
boundary of the subject property, a minimum 20-foot planting strip is required along the northern
property line. Because this is a requirement of the DA, it can only be reduced through action of the
Council. Consequently,the Planning Commission approved the conditional use with the condition
Page 1
that the applicant 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. As the Sundance Subdivision Development Agreement contains
several hundred residential properties as well as all the commercial properties within the Settler's
Business Park, staff recommended the applicant remove the subject properties from the existing
development agreement and enter into a new development specifically for the subject property.
The applicant states that per the Settlers Business Park Property Owners Association,the original
intent of this buffer requirement was to mitigate the impact of commercial properties on the adjacent
residential.According to the applicant,this development is a residential type use,so the requirement
was not meant to apply in this situation. The applicant added 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 11-313-9 (requiring
35' spacing). The applicant submitted a letter of no objection from the Settlers Business Park
Property Owners Association and held a neighborhood meeting on August 17,2021 of which there
were no comments.
Because there are no objections,the applicant is providing fencing and nearly three times as much
density in the landscaping, and because of the low impacts to adjacent residential associated with a
nursing and residential care facility, staff does not object to the reduction in the buffer width. Staff
has reviewed the requirements of the original DA and the DA addendum. As the subject property is
located internally within the Settler's Business Park and all parking,infrastructure and public
improvements for the Sundance Subdivision and Settles' Business Park have already been
constructed,the only pertinent requirements of the existing DA are regarding the allowed uses and the
landscape buffer.
IV. DECISION
A. Staff:
Staff recommends the City Council approve removing the subject property from the Sundance
Subdivision Agreement and Addendum(Instrument Ws 102056126 and 106133465) and
establishing a new development agreement.:
1. The property is approved to develop with a nursing and residential care facility). The
applicant shall substantially comply with the site plan,landscape plan and building
elevations approved with conditional use permit(H-2021-0040).
2. The applicant shall be allowed to construct a 10-foot wide landscape buffer along the
northern boundary of the site as shown in Exhibit B.
Page 2
V. EXHIBITS
A. Legal Description
EXHIBIT"A"
Parcel A—Description
A parcel of land being a portion of Lot 47,Block 7 ofSUNDANCE SUB DIVISTON No. 5, filed in
Book 98 of Plats at Pages 12523-12526,in the Office of the Ada County Recorder, located in the SW `la
of Section 31,Township 4 North, Range 1 East, Boise Meridian,City of Mcridian,Ada County,Idaho,
and as shown on Record of Survey No. 8756,filed as Instru nent Igo_110034523, heing more particularly
described as follows-
BEGINNING NING at the northwesterly corner of I.ot 47, Block 7 of said subdivision; thence, along the
northerly line of said Lot 47,
1. S.89"0913"E., 101.48 feet; thence,leaving said northerly line,
2. 5.00°51'50"W., 88.09 feet to the southerly line of said 1.ot 47;thence,along said southerly line,
3. M89°08'10"W., 101.48 feet to the southwesterly corner of said Lot 47;thence,along the
westerly line of said Lot 47,
4. N.00P51'5D"E.,88.08 feet to the POINT OF BEGINNfNG.
CONTAINING: 0.205 Acres,more or less.
SUBJECT TO. All Covenants,Rights, Rights-of Way and Easements of Record.
rA%STT
31
Page 3
EXHIBIT"A"
Parcel B—Description
A parcel of land being a portion of Trots 46 and 47,Block 7 of SUNDANCE SUBDIVISION No. 5,
filed in Book 98 of Plats at Pages 12523-12526, in the Office of the Ada County Recorder,located in the
SW '/4 of Section 31,Township 4 North, Range 1 East,Boise Meridian,City of Meridian,Ada County,
Idaho, and as shown on Record of Survey No. 8756,filed as Instrument No.110034523,being more
particularly described as follows:
COMMENCING at the northwesterly corner of Lot 47,Block 7 of said subdivision;thence,along
the northerly line of said Lot 47,
A) S.89008'33"E., 101.48 feet to the POINT OF BEGINNING;thence,continuing along said
northerly line,
1. S.89°08'33"E.,60.00 feet;thence, leaving said northerly line,
2. S.00051'50"W., 177.90 feet to the southerly line of said Lot 46;thence,along said southerly
line,
3. N.90"00'00"W.,49.44 feet to the southwesterly corner of said Lot 46;thence,along the
westerly line of said Lot 46,
4. N.00051'50"E.,90.55 feet to the southeasterly corner of said Lot 47;thence,along the
southerly line of said Lot 47,
5. N.89008'10"W., 10.56 feet;thence,the southerly line of said Lot 47,
6. N.00051'50"E.,88.09 feet to the POINT OF BEGINNING.
CONTAINING:0.224 Acres,more or less.
SUBJECT TO. All Covenants,Rights,Rights-of Way and Easements of Record.
T 7316
H:W5141%WPfiks\SURVEYIPBA PARCEL DESCRIPTIONSTARCEL B.doc �/ 4 IsIto � f
OF
Page 4
B. Site Plan(approved by Planning Commission on July 15,2021)
! GENERAL NOTES SITE RECAP
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Page 5
C. Landscape Plan of approved Brightstar Meridian Conditional Use
3. ALL TREES THAT ARE OAIAOJCfD.DE.SfROY
THE MITIGATION STANDARDS PER THE CFF
4. SEE TREE MITIG4TlON NOTES FOR ADDITC
Adjacent Single Family
BEGIN 6 4)END CB 1
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Page 6
D. Approved Elevations of Brightstar Meridian Facility
HATCH DE5ioN
ARCHITECTURE
1
Front (west) elevation
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NORTH ELEVATION
Rear (north) elevation facing residential (fence and
landscaping will be in front of this elevation.
Page 7
E. Existing DA language
permitted.
S. Provide five-foot-wide sidewalks in accozdar.ce -Witia City
Ordinance Section 12-5-2.1 ,
'9. All construction ,skull confortm to &Le rrquicenxent-s of the
Americans with Disabilities Act.
10, M--- dian City Ozdina,nce 1 -6 sets forth the requirentenu for
Planned Developments. My conditions attached to a Final
Development Plan for Played Develapmcnt projects run with
the]arid and shall not lapse or be waived as the result of any
subsequent change in tenancy or ownership.
11, That any proposed uses other than an office use on Lots 45, 47.
49 and 50, Block 7 shall require a CUP. The office uses are
allovied under the Planned Development process and would not
require a CUP if constructed in accordance with an approved
CUP site plan and Plat.
12. Due to the single-family uses abutting the boundaries of Lots 45.
47 and 49, Block 7 (proposed as future office use), a mznimum
20-foot planting strip, in accozdarice with City Ordinary 12-4-
i-A., is required along the property lines of these three lots.
13_ Dedicate 48-Fcct of right-of-way from the c.eflterline of Ustick
Road abuttirLg the parcel by means of record-ation of a final
subdivision plat or execution of a warrarLty d d prior to issuance
of a building permit (or other regt:lred permits),whichever occurs
first.
Dedicate 48-feet of right-of-way From the cent-edirie of Meridian
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a waz:anty deed prior to issuance
of a building permit (or other required permits),whichever occurs
Firs-[.
15, Construct the main entrance off Ustick Road, located
approximately 900-feet east of the west property lime, as
proposes. Construct the main entrance with one inbound
DFVELC)PMENT AGENT(AZyO1-412) - 6
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