Brightstar Overland CUP H-2022-0061 Findings 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 Cacility on 0.59
Acre of Land in the C-G Zoning District for Brightstar Overland,Located at 2940 E.Overland Rd.,
by Hatch Design Architecture.
Case No(s).14-2022-0061
For the Planning& Zoning Commission Hearing Date of. September 15,2022 (Findings on October
6,2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of September 15,2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 15,2022, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 15,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of September 15,2022,incorporated by reference)
B. Conclusions of Law
I. 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-2022-0061
Page 1
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 September 15,2022, 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 September 15,2022, 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of September 15,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Page 2
CASE NO(S).H-2022-0061
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By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of
October ,2022.
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COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
3
3
COMMISSIONER MARIA LORCHER, VICE CHAIRMAN VOTED j
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COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
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COMMISSIONER PATRICK GRACE VOTED
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COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER NICK GROVE VOTED
ArArew Seal, Chairman
By Maria Lorcher,Vice 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: 10-6-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2022-0061
Page 4
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING September 15,2022 Legend
DATE: ff
IProjec-t Lucaficr. I
TO: Planning&Zoning Commission �U
FROAM: Sonya Allen,Associate Planner
208-884-5533 L
1-
SUBJECT: H-2022-0061
Brightstar Overland R1
a'
LOCATION: 2940 E. Overland Rd.,in the SE 1/4 of �L
Section 17,T.3N.,R.1E. �
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I. PROJECT DESCRIPTION
Conditional use permit for a residential care facility on 0.59 acre of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.59-acre
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s- Residential care facility
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date 6/6/22
History(previous approvals) AZ-05-019 Dorado Subdivision(DA Inst. 105127512);H-
2016-0131 (11 Addendum to DA—Inst.2017-007434);H-
2022-0044(2nd Addendum to DA—not yet recorded)
III. APPLICANT/OWNER INFORMATION
A. Applicant:
Steve Thiessen,Hatch Design Architecture—200 W. 36t' St., Garden City,ID 83714
B. Owner:
Devin Morris,Alturas Capital Partners—500 E. Shore Dr., Ste. 120,Eagle,ID 83616
Page 1
EXHIBIT A
C. Representative:
Jeff Hatch,Hatch Design Architecture—200 W. 36th St., Garden City, ID 83714
IV. NOTICING
Planning& Zoning Commission
Posting Date
Notification published in
newspaper
8/31/2022
Notification mailed to property
owners within 300 feet 8/25/2022
Applicant posted public hearing
notice on site 8/31/2022
Nextdoor posting 8/25/2022
V. COMPREHENSIVE PLAN ANALYSIS
Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan.
The purpose of the MU-R designation is to provide a mix of employment,retail,and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together,including residential, and to avoid predominantly single use developments such as a regional
retail center with only restaurants and other commercial uses. Developments should be anchored by
uses that have a regional draw with the appropriate supporting uses. The developments are
encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-
17).
This site is part of a much larger mixed-use designated area that contains a wide variety and mix of
uses as desired in MU-R designated areas. Although the proposed residential care facility use is
considered commercial,it is residential in nature as folks reside there. The proposed use provides a
good transition between more intense commercial/retail uses and low-density residential uses to the
west and north in Overland Way subdivision.
Transportation: There are no collector streets designated on the Master Street Map (MSM) for this
site. This project will be accessed from the east through the adjacent property via E. Overland Rd.,a
mobility corridor; direct lot access is not proposed or allowed via S. Loder Pl. or E. Overland Rd.
This site is in close proximity to the Overland/Eagle Rd. intersection, a major arterial intersection,on
the south side of the I-84 off-ramp. Transit services are available to serve this site via Route 42.
COMPREHENSIVE PLAN POLICIES(hyps:#www.meridiancity.or /g compplan):
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial
capabilities of Meridian's present and future residents."(2.01.02D)
The proposed residential care facility will contribute to the variety of housing types in the City
by offering care for the elderly.
Page 2
EXHIBIT A
• "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."(3.03.03F)
City water and sewer services are available and can be extended by the developer with
development in accord with UDC 11-3A-21.
• "Require all new development to create a site design compatible with surrounding uses
through buffering, screening, transitional densities,and other best site design practices."
(3.07.01A)
The entry of the proposed residential care facility is proposed to face east, away from
abutting residential properties. Landscaping is proposed within buffers along the west and
north boundaries of the site and a 6-foot tall fence is required for screening along the north
boundary. The proposed structures is a single-story, which should be compatible with
adjacent residential homes and properties.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed residential care facility should be compatible with existing rural residential
uses to the north and with the commercial multi-tenant retail/restaurant uses to the east.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe."(2.02.02)
This site and the residential subdivision to the north (Overland Way) is an enclave
surrounded by City annexed land. Development of this site will result in a more efficient
provision ofpublic services.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS
History: The existing Development Agreement(DA)) [AZ-05-019 Dorado Subdivision—Inst.
#105127512; Pt amendment H-2016-0131 (Inst. #2017-007434); and 2"amendment H-2022-0044
(yet to be recorded)] was recently approved by City Council to be amended to include residential care
facilities as an allowed use on the site(Lot 1,Block 1,Dorado Subdivision). The amended DA must
be signed, approved by City Council and recorded prior to submittal of a Certificate of Zoning
Compliance for the proposed use.
Existing Use: The property currently consists of vacant,undeveloped land.
Request: A Conditional Use Permit(CUP) is requested for a 7,800 square foot single-story
residential care facility on 0.59 acre of land in the C-G zoning district as required by UDC Table 11-
2E-2. The facility will provide care for the elderly and features 12 bedrooms for residents and an
office for staff. Dining, entertainment, laundry and storage will be provided on-site for residents. An
enclosed courtyard is proposed internally and a covered patio is proposed at the entry.
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 anyone 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
Page 3
EXHIBIT A
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:
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.
Access: Access is proposed from the east via an existing driveway on the adjacent property from E.
Overland Rd. A perpetual vehicular cross-access easement is dedicated on the plat for Dorado
Subdivision to all lots within the subdivision. Direct lot access via S. Loder Pl. &E. Overland Rd. is
prohibited.
Parking: The UDC(Table 11-3C-6)requires a minimum of 0.5 off-street parking spaces per bed.
Based on 12 beds,a minimum of six(6) spaces are required. A total of eight(8) spaces are proposed,
including one (1)ADA space. The UDC(11-3C-6G)requires a minimum of one (1)bicycle parking
space to be provided;two(2)are proposed. Therefore,the proposed parking meets and exceeds the
minimum standards.
Pathways/Sidewalks: A 7-foot wide attached sidewalk exists within the right-of-way along E.
Overland Rd. adjacent to this site and was constructed with the road widening project for Overland
Rd. The UDC (11-3A-17)requires detached sidewalks along arterial streets but because the sidewalk
is in good condition and is attached in all locations along this corridor, Staff does not recommend it's
reconstructed as a detached walkway.
A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk along
Overland Rd.to the main building entrance per UDC 11-3A-19B.4a.
Landscaping: A 35-foot wide landscaped street buffer was constructed on this site along E. Overland
Rd.with development of Dorado Subdivision in accord with UDC standards.
The DA (provision#5.1.9)requires an additional 5-feet of landscaping to be added to the existing 20-
foot wide buffer owned by the Overland Way HOA along S. Loder Pl. along the west boundary of the
site. A 10-foot wide buffer is depicted on the plans encompassed by a 10-foot wide public utility
easement. The Applicant should verify if trees are allowed within this easement; if not,they should be
removed from the plan.
The DA (provision#5.1.3)allows a reduced landscape buffer width from 25-feet to 5-feet along the
north boundary of the site to the residential uses to the north provided a 6-foot tall fence is provided
along with added landscaping within the buffer as alternative compliance. A 15-foot wide buffer is
depicted on the plans along the north boundary. An application for Alternative Compliance to the
buffer requirements to residential uses in UDC Table 11-2B-3 should be submitted with the
Certificate of Zoning Compliance and Design Review applications in accord with the previous
Page 4
EXHIBIT A
PUD(CUP-05-031) and Development Agreement(Inst.#105127512) approval.
Parking lot landscaping is required per the standards listed in UDC 11-3B-8C, as proposed.
Trash Enclosure: Trash bins are depicted on the plans on the south side of the building.A trash
enclosure is depicted on the plans on the adjacent property to the east. If the Applicant plans to
utilize this dumpster,permission should be obtained from the adjacent property owner and/or
business owners. Otherwise,the Applicant should coordinate with Republic Services on trash
pick-up.
Building Elevations: Conceptual building elevations were submitted for the proposed structures as
shown in Section VIII.C. Building materials consist mainly of stucco with cultured stone veneer
accents and vinyl railing with decorative arches and wagon wheel trim with asphalt roof shingles. The
proposed elevations are not approved;the final building design is required to comply with the design
standards in the Architectural Standards Manual.
VII. DECISION
A. Staff:
Staff recommends approval of the conditional use permit with the conditions noted above in Section
IX.
B. The Meridian Planning&Zoning Commission heard this item on September 15,2022.At the
public hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearin&
a. In favor: Jeff Hatch
b. In opposition:None
C. Commenting
d. Written testimony: Steve Thiessen
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 5
EXHIBIT A
VIII. EXHIBITS
A. Site Plan(July 2022)
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Page 6
EXHIBIT A
B. Landscape Plan(dated: June 2022)
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EXHIBIT A
C. Building Elevations(dated: July 2022)—NOT APPROVED
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A-4.1
IX. CITY/AGENCY COMMENTS & CONDITIONS
1. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-05-
019 Dorado Subdivision(DA Inst. 105127512);H-2016-0131 (Dorado 1 st Addendum to DA
—Inst. 2017-007434); H-2022-0044(Brightstar Overland 2nd Addendum to DA—not yet
recorded)].
2. The amended Development Agreement associated with H-2022-0044 shall be signed,
approved by City Council and recorded prior to submittal of the Certificate of Zoning
Compliance application for the proposed use.
3. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. Depict a minimum 5-foot wide walkway from the perimeter sidewalk along Overland Rd.
to the main building entrance as set forth in UDC 11-3A-19B.4a.
b. If the 10-foot wide public utility easement along the west boundary of the site prohibits
trees,they should be removed from the plan. The Applicant should verify what type of
Page 8
EXHIBIT A
utilities are within this easement and if trees are allowed. The Applicant stated their
locate did not show any utilities within the easement.
c. Depict a 6-foot tall fence along the northern property boundary and additional trees
within the buffer to residential uses along the northern boundary of the site in accord with
the standards listed in UDC 11-3B-9C per the development agreement(provision#5.1.3)
as alternative compliance for a reduced buffer width.
d. Depict 19-foot wide parking stalls as set forth in UDC Table 11-3C-5.
e. Depict the common lot owned by the Overland Way HOA along the west boundary in
between the right-of-way for S. Loder Pl. and the west boundary of the site.
4. Submit an application for Alternative Compliance to UDC Table 11-2B-3 for a reduced buffer
width to the residential use to the north with the Certificate of Zoning Compliance application
in accord with the previous PUD (CUP-05-031) and Development Agreement (Inst.
#105127512) approval.
5. Compliance with the standards listed in UDC 11-4-3-29 — Nursing or Residential Care
Facilities is required.
6. Direct access via E. Overland Rd. and S. Loder Pl. is prohibited.
7. The business hours of operation are restricted to 6:00 am to 11:00 pm in the C-G zoning district
per UDC 11-2B-3B.
8. 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; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
9. 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 11-513-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. The existing 8"water main in Loder Place to be extended to north end of the property
boundary.
2. Ensure no sewer services pass through infiltration trenches.
General Conditions of Approval
3. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
Page 9
EXHIBIT A
4. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
5. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an
81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits
must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD.
6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
7. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
8. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
9. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
10. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
11. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
17. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
Page 10
EXHIBIT A
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
18. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
19. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
hllp://www.meridiancily.org_/public_works.aspx?id=272.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianci.y.org/WebLink/Doc View.aspx?id=270757&dbid=0&repo=Me
ridianCity
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
httgs://weblink.meridianciU.or /WebLink/Doc View.aspx?id=271592&dbid=0&repo=Me
ridianCity
X. FINDINGS
Conditional Use(UDC 11-513-6)
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.
The Commission finds the site is large enough to accommodate the proposed development and
meet all dimensional and development regulations of the C-G zoning district.
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 residential care facility will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted
in Section IX 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.
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The Commission 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.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section IX 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.
The Commission finds 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.
The Commission 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.
The Commission 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)
The Commission 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.
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