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Redmont Health Services AZ 08-008ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 49 BOISE IDAH010I31/08 08:46 AM DEPUTY Yleld Allen II I I I II II II ~ I I it ~ II II II I II I I I IIIII III RECORDED-REQUEST OF 10$11'552 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Thorval Howard Entrepreneurial Fund 1 LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~~n day of ~DhP ~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Thorval Howard Entrepreneurial Fund 1 LLC, whose address is 519 W. Front Street, Boise, ID 83702, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-8, Medium Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 1 OF 10 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9th day of September, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 2 OF 10 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Thorval Howazd Entrepreneurial Fund 1 LLC, whose address is 519 W. Front Street, Boise, Idaho 83702, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned R-8, Medium Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A which aze herein specified as follows: For a Treatment Facility consisting of two 9,000 square foot residential treatment buildings and one 6,000 square foot administrative building in the proposed R-8 zoning district on approximately S acres. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Until a future CUP is approved, a maximum of 3 buildings (2 residential buildings and 1 administrative building) shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. b. Treatment on this site (counseling, therapy, etc.) shall be limited to the residents on the site; continuing caze of the residential patients and their families is allowed provided it is consistent with the Redmont Health DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 3 OF 10 Services business/treatment plan for residential care facilities. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. walking path, garden area, rope course). d. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-29 for nursing or residential care facility. e. One access to this site, from W. Cherry Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. Two twenty-five foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details and a plan approved by the City Arborist, for the existing trees on the site, consisting of 354 caliper inches, proposed to be removed, incompliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. 1. Set aside 48-feet ofright-of--way measured from the centerline of Cherry lane for the future road widening. m. The development of this property shall substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, stripe the asphalt at 150-feet. The striping shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted tot eh Planning Department prior to occupancy of the first building. p. All future uses shall not involve uses, activities, 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. q. All future development of the subject property shall comply with City of DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 4 OF 10 Meridian ordinances in effect at the time of development. r. The applicant shall be responsible for all costs associated with sewer and water service installation. s. The applicant shall construct a 5-foot wide detached sidewalk along the northern boundary of the property, as proposed. t. The developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover in accordance with UDC 11-3B-7. u. Coordinate with the Meridian Fire Department regarding emergency access from the parking lot to each of the buildings on the site. An emergency access lane shall be delineated within the parking area to facilitate emergency vehicles to allow emergency personnel unobstructed access from the parking area to the front of the future buildings. v. A portion of this development lies within the Meridian Floodplain Overlay District. The applicant will be required to submit a Floodplain Development Permit and secure approval before any construction can begin. Permit approval may require development of Base Flood Elevations, mapping of the floodplain and / or floodway boundaries, and analysis of the effect of the development on the floodplain. Applicant should reference City Flood Damage Prevention Code and coordinate with the Floodplain Administrator to verify requirements. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner's/Developer'sheirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 5 OF 10 or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein.. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 6 OF 10 with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: City Clerk Thorval Howard Entrepreneurial Fund 1 LLC City of Meridian 519 W. Front Street 33 E. Broadway Ave. Boise, ID 83702 Meridian, ID 83642 with copy to: DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 7 OF 10 City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 A party shall have the right to change, its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as aze stated herein. Except as herein otherwise provided, no subsequent DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 8 OF 10 alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER THORVAL HOWARD ENTREPRENEURIAL FUND C CITY OF MERIDIAN PAGE 9 OF 10 iiii~ui~ n~~' STATE OF IDAHO, ) ss County of Ada, ) ~ f On this ~~ day of 1.~~ 2008, before me, the undersi d, a Notary Public in and for said State, personally appeazed D known or identified to me to be the,~Q ~ of Thorval Howazd Entrepreneurial Fund 1 LLC and the person ho igned the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first abo~tten. KIRfIBERLY CLARKE (SEAL) Notary Public State of Idaho STATE OF IDAHO ) ss Notary f Idaho Residing at: -~~,~~ My Commission Expire County of Ada ) On this day of ~~U be.r , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. • ¢,~t,A 11? •• ••~~S ,--__ a G~''~•. (SEAL) ~ ~ ~ %~~ ~o ~`9,,p`.'C~j; Notary Public for Idaho -~'~~; Residing at: ~(~l ~Lt1e L~. 1T Commission expires: I ~'~~ .r1~ , •. • :y ` i ~~~`' IC -'~ i •~~~F IDA~O~~• DEVELOPMENT AGR~iT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 10 OF 10 ~, Legal Description nes Lsevn esow, cave e~fay zs, zoos lea No. 080Ss A~Noa coed ltozont s.oo aerea L'i X~Tl' KAs A feast oflaod ddeated in a portion oft>x Nortlnxst Oae Quarto ofthe Nor0nasrOeee Qem~ta of Saadaa 9. Township 3 Norge,lta~a 1 West, Boise Udesndisty Ada Casrety, Idako, deexribad as foltowx CoemacaaQeg et a ibemd 1/2-inch ateelpin p1ag fire Nth One Quatogr Coma ofs~aid Seatlon 9 and befog on the ofQeasy fie. tbraoe following the tmrt>,miy tine ofthe Nartbmst rhea Qugta of said Section 9 sad eeidexsdal6x, South 89°37'38" Bed a didmce of 1,64131 feet to a pointy. wldoh bases Noeth g9°37 39" west a di~noe of 1,OOgs9 Poet iiam a foemd 5/8 ineh~ pin m~enti~the NorOtast Como of said Seotiem 9 aad6aiteg fhe ronara>=BBOnaNn~to. ]'hence ~Bowiag said aoedealy line sad said cecterihee, S~ 89°37'38" Beat a disteaeoe of 391.?3 feet 7p a point; Thaace leavheg aefd nor~aly line end said oaa~iiae, Soeefh 000.02 Basta diatentz of 622.14 fed to apaLateae the caatclme ofaditch p~ followingsaid oenLaliae, Noah 70°4I'OB" Walt a disteace of 233.65 feet to a Tlemoe folloa3og sdd Be0. Neath 72°lb'OS° West s diamnce of 179.7b fact W a D~$ T'teanae leaving said aaalmiine, Noelh 00°00.02 &eat a dideeetxi of492.66 feetto the PO1NT OF BBOBJNII~If3. 14ta abovodeaoeibed ttaot of land aontaina 5.00 sores, euoe+e or leas, aubjaot to say mtisdag as orr3pJtts•of~vey. 1'rtip>ued ray: Tpo~ 1.nta[~ ataoup, BQC. 462 li. SlioltH nRiv>, S17ffB loo FAQi.&,IDA8O ffi6t6 ~8-934.4041 206A39-1445 (FA7C) t~rtrafamr..taeFtm,~ .r~;rs~.r;,~ ~G.jG4atnyliu.rP 740Ri-erVNsl~lmr,7'ga` Piar,Id.6oF2p8.73~A1W1F208J37AWS•~ @\700a\OaeSS\A~ ~ Oe05Z! 085 Pam 0 ~. xID c'TY of "~xm'"r' ~~E IDIAN*~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION & ORDER In the Matter of Annexation and Zoning of 5 acres from R1 (Ada County} to R 8 (Medium Density Residential) and Conditional Use Permit approval for a Treatment Facility Consisting of 2 Residential Treatment Buildings and 1 Administrative Building in a proposed R 8 zoning district for Redmont Health Sernlces, by The Land Group lnc. Case No(s). AZ-08-008 and CUP 08-O1S For the City Council Hearing Date of: August 2b, 2008 (Findings on the September 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 2b, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 2b, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 26, 2008 incorporated by reference} 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 26, 2008 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 b7, Idaho Code (I.C. §67-b503). 2. The Meridian City Council 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 Amend Comprehensive Plan of the City of Meridian, which was adopted August b, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-008 and CUP-08-015 -1- 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 Mayor 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. 7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan, Building Elevations, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 26, 2008, 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 City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated May 28, 2008, by Aaron L. Ballazd, PLS, included in the attached Staff Report for the hearing date of August 26, 2008 incorporated by reference, is hereby conditionally approved. 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of August 26, 2008 incorporated by reference. 3. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan, Landscape Plan, and Building Elevations included in the attached Staff Report for the hearing date of August 26, 2008, is hereby conditionally approved. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 26, 2008 incor~rated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (1$) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-0$-008 and CUP-08-015 -2- 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 recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen { 1$) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1 }eighteen (18) month period. Additional time extensions up to eighteen (18) months 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. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be fled with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Cade § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title b7, Idaho Code. F. Attached: Staff Report for the hearing date of August 26, 2448. C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-008 and CUP-08-015 -3- B action of the City Council at its regular meeting held on the ~~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED__ jJ MAYOR TAMMY de WEERD VOTED {TIE BREAKER) .•~ u~~ry1 9 Ma~+or T de Weerd Attest: .~`~~`~~ Of ~~9 ~~''. -` C~' ~~'oA.l ti '-. tFa ; TAL Jaycee H an, City Clerk y ~A iii '' `^~- ```~~ Copy served upon Applicant, The ifi~~~~~ V3' t, Public Works Department and City Attorney. By: ~ Dated: ~ - ~ I - (~ a City Cler 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-008 and CUP-08-015 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, ZW8 STAFF REPORT Hearing Date: August 26, 200$ TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner E IDIAN~- (208) 884-5533 I D A H O SUBJECT: Redmont Health Services • AZ*-08-008 Annexation and Zoning of approximately 5 acres from Rl (Ada County) to R- 8(Medium Density Residential) • CUP-08-015 Conditional Use Permit approval for a Treatment Facility Consisting of 2 Residential Treatment Buildings and 1 Administrative Building in a proposed R-8 zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, The Land Group, Inc., is requesting annexation and zoning (AZ) approval of 5 acres from Rl (Ada County) to R-8 (Medium Density Residential}. Concurrently, the applicant is requesting Conditional Use Permit {CUP) approval to construct and operate a residential care facility consisting of two 9,000 square foot residential treatment buildings and one 6,000 squaze foot administrative building. UDC I1-2A-2 requires CUP approval to operate a nursing or residential care facility within an R-8 zoning district. The subject property is located at 5075 W. Cherry Lane, in Section 9, Township 3 North, Range 1 West. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUNIlViARY RECOMMENDATION The subject applications (AZ and CUP) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on a combined AZ and CUP application. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Conditional Use Permit applications. Staff recommends approval of AZ-08-008 and CUP 08-015 for Redmont Health Services, as presented in the Staff Report for the hearing date of July 17, 2008, based on the Findings of Fact as Usted in Exhibit D and subject to the conditioas listed is Ezhibit B. The Meridian Planning & Zoning Commission heard these items on July 17.2{108. At the~ublic hearin the Commission moved to recommend approval of the subject AZ and CUP request. a. Summary of Commission Public Hearing: i. In favor: Doag RnsseU (AppUcaat's Representative?. Robin Hinkle ° ii. In opposition: None iii. Commenting: Don Clover. Jeff Morrell iv. Written testimony: Don Glower submitted written comments for denial after the P&Z meeting. v. Staff presenting application:. Bill Parsons vi. Other staff commenting on application: Caleb Hood, Scott Stecldine b. Kev Issue(s~ of Discussion by Commission: i. The differences between residential care facilities and out-patient care facilities. ii. Sewer stub to Mr. Glower's property west of this site. iii. The need for private streets required by the Fire, Police and Planning Departments. Redmant Health Services AZ-08-OU8 and CUP-08-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 iv. Discussed the relocation of the trash enclosure from the location proposed on the submitted site. The Commission discussed the trash enclosare be placed within the stubbed driveway until futare conneMivity to east parcel was extended through. This IocaNon was discussed as a solution for meeting the 150-foot length for the Fire Department requirement without having to provide a temporary turnaround. A motion was not made by the Commission to relocate the trash enclosure. c. Kev Commission Change(s) to Staff Recommendation; i. The Commission modified several DA provisions. as follows: l) provision I.1.2(b modified to allow continuing care (out-patient) for the past residents of the proposed facility and strike out out patient care is prohibited: 2) provision 1.1Z(o.) modified to require striping instead of bollards as requested by the Fire Department at the 15Q-foot mark of the east leg of the proposed driveway/private street; 3) provision 1.1.2(s.) modified to require construction of a S-foot detached sidewalk along the north boundary of the property instead of the 10-foot multi-use pathway. ii. Condition 1.2.1 Bullet 4 was modified to be consistent with DA provision 1.1.2(0.) removing the bollard requirement and adding striping at the 150-foot mark of the east lei. iii. Condition 1.2.13 was stricken as the Parks Department commanicated to staff the multi-use pathway was proposed alone the north side of Cherry Lane instead of the northern property boundary of the site. d. Outstanding Issue(s) for City Council: i. The City Council should determine if the proposed treatment facility, including care of residents and foDow-up care of past residents {out patient) is appropriate in an R-8 zoning district. u. The applicant should follow up with the Fire Department regardine the replacement of the bollards with the striping at the 150-foot mark of the east teg of the drive aisle gad modify condition 3.14 accordingly. If the Fire Department sh11 requires the placement of the bollards it will impact the location of the trash enclosure and an appropriate location should be discussed and ideatif:ed durine the hearing. Redmont Health Services A7r08-008 and CUP-08-015 - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 200$ 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-08- 008 and CUP-08-015, as presented in the staff report for the hearing date of August 26, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-08-008 and CUP-0$-015, as presented during the hearing on August 26, 2008, for the following reasons: (you should state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-08- 008 and CUP-08-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reasons} for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5075 W. Chevy Lane Section 9, Township 3 North, Range 1 West b. Owner: Thorval Howard Entrepreneurial Fund 1 LLC 519 W. Front Street Boise, ID $3642 c. Representative: Van Elg, The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, ID 83616 d. Present Zoning District: Rl {Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting annexation and zoning approval of approximately 5 acres from Rl Ada County to an R-8 zoning district and concurrently requesting Conditional Use Permit (CUP) approval to construct and operate a residential care facility consisting of two residential treatment buildings and one administrative building. g. Description of Applicant's Justification for AZ and CUP Approval: "Redmont Health Services provides residential and outpatient drug and alcohol rehabilitation to adults and adolescents. The Redmont Health Services Az-08-008 and CUP-08-015 - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 facility under review will be a private campus consisting of multiple story buildings providing residential and outpatient counseling to families and individuals recovering from substance abuse or chemical dependency. Two buildings will be residential buildings and will house up to 24 patients. The third building is the administrative building. The facility is a 24 hour facility and will employ approximately 41-45 employees." See the applicant's narrative submitted with the AZ and CUP applications and Section 10, Analysis, below far mare information. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determir>.ed by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: June 30, 2008 and July 14, 2008 (Commission); August 4 snd August 18, 200$ (Gifu Council). d. Radius notices mailed to properties within 300 feet on: June 20, 2008 (Commission); August 1. 2008 (City Councill e. Applicant posted notice on site by: June 18, 2008 (Commission); July 30, 2008 (City Council) 6. LAl~1D USE a. Existing Land Use(s): Asingle-family residence and associated outbuildings are currently on the site and will be demolished to develop the site. b. Description of Character of Surrounding Area: This area is primarily single family homes and agricultural land and maintains a rural character. c. Adjacent Land Use and Zoning 1. North: Single Family Residence; zoned RUT (Ada County) and Incline Village Subdivision; zoned R-4 2. East: Single Family Residence and vacant land; zoned Rl (Ada County) 3. South: Single Family Residence; zoned RUT (Ada County) 4. West: Single Family Residence; zoned RUT {Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Black Cat Road. Location of wa#er: N Black Cat Road and W Cherry Ln. Issues or concerns: Two water connections will need to be established. 2. Vegetation: The subject site has a large amount of trees {354 caliper inches) that are proposed to be mitigated for in accordance with UDC I 1-3B-1 OCS. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. CanalsiDitches Irrigation: The Ten Mile Creek transverses along the southern property boundary. Redmont Health Services AZ-08-008 and CUP-08-015 - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST Z6, Z008 S. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: Rl {Ada County} 7. Lot Size: S acres f. Conditional Use Information: 1. Non-residential square footage: 24,000 square feet (two 9,000 square foot resident building and 6,000 square foot admittnstrative building) 2. Hours of Operation: 24 hour g. Off-Street Parking: O.S per dwelling unit (Residential Buildings) and Iper SQO square feet of gross floor area (Administrative Building) 1. Parking spaces required: 36 (48 beds X O.S and 6,000 / S00) 2. Parking spaces provided: 7? h. Landscaping l . Width of street buffer(s): A minimum 2S-foot wide buffer is required to be constructed slang W. Cherry Lane; landscaping within the buffers shall comply with the current street buffer landscaping standards listed in UDC 11-3B-7. 2. Width of buffer{s) between land uses: NA (buffers between land uses are not required between residential uses} 3. Other landscaping standards: See I 1-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards for the R-8 zone, per UDC 11 2A-6: - Maximum building height: 3S' - Minimum Lot Size: 5,000 square feet - Setbacks: Front: 1S feet Side: S feet Rear: 12 feet j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.}: Access to this site is proposed tolfrom W. Cherry Lane. 7. COMMENTS MEETING On June 27, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Police Department and Meridian Public Works Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Pian). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics}: Redmont Health Services AZ-08-008 and CUP-08-015 - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • 7'he subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheri,~'s Office. Once .annexed the lands wild be serviced by the Meridian Police Department {MPD). • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal N, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. The Comprehensive Plan Map envisions the adjacent properties in this area of Meridian to develop with residential land uses. For the proposed use to be compatible with future residential uses, Stajf is proposing a development agreement on this site. Sta,}j'believes the proposed development can be harmonious with the existing and future residential developments in the area, if the conditions of approval are complied with. • Chapter VII, Goal N, Objective D, Action 5: Requite appropriate landscape and buffers along transportation corridor {setback, vegetation, low walls, berms, etc.}. The applicant is required to install and maintain a ZS foot landscape buffer adjacent to W. Cherry Lane, an arterial roadway. • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to provide landscaping in internal islands. The site plan depicts internal parking lot landscaping on the site. Said landscaping should be in compliance with the standards listed in UDC 11-3B-8. • Chapter N, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The subject property lies within the boundaries of the City of Meridian and can provide the necessary City services. Redmont Health Services AZ-08-008 and CUP-08-015 - 6 - CITY OF MERIDIAN ?CANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal N} The surrounding area is primarily rural residences however just west of the subject site the Comprehensive plan depicts a neighborhood center which envisions neighborhood friendly services in the area. Sta„~'believes that the proposed use should be compatible with existing uses in the area and provide a necessary service fn the surrounding area. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. On the submitted landscape plan, the applicant is proposing a 6-foot vinyl fence along the western property boundary of the site. Prior to any building permits the proposed fencing and temporary fencing wall need to be installed to contain debris. • Chapter VI Goal V, Objective A, Action 2: Insure that high-quality emergency care, primary, outpatient, home and log term care and other types of health care aze provided in the community. The UDC allows Residential Care Facilities in an R-8 zone with conditional use approval. Furthermore, sta, fJ'believes this facility will be a high quality development, if the conditions of approval are complied with. • Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight Mile, South Slough ... etc.) throughout commercial, industrial, and residential azeas. The Ten Mile Creels which runs along the southern boundary of this site, should be protected during development of the site. • Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. The Ten Mile Cree1~ a natural waterway, runs along the southern boundary of this site. As a natural waterway, it wild remain open and should be preserved. Staff believes that the proposed use fs generally consistent with the Comprehensive Plan and can be compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNTIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists nursing or residential care facilities as conditional uses in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling orals per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: There are several standards for nursing or residential care facilities listed in UDC 1 l -4-3.29. Analysis of these specific use standards are provided in Section 10 below. Redinont Health Services AZ-08-008 and CUP-08-015 - 7 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 io. A1vALYS><s a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the AZ and CUP request as proposed, with the following comments: AZ Application: The Applicant is requesting approval to annex and zone approximately 5 acres from the Rl zoning district in Ada County to the R-8 zoning district in the City. The property is currently designated on the Comprehensive Plan Future Land Use Map for Medium Density Residential. UDC 1 I -2A-Z requires CUP approval far nursing or residential care facilities. The applicant is proposing to develop the site as a treatment facility (residential care facility) consisting of two 9,000 square foot residential treatment buildings and one 6,000 square foot administrative building. Future pad sites for two Alzheimer buildings are shown on the site plan; however, they are not proposed for construction with this CUP (they will require separate CUP approval in the future). The annexation path for this site is via Incline Village Subdivision located northwest of the subject site. The annexation legal description submitted with the application (stamped on May 28, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11-5B-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement {DA) with the City of Meridian that may require some written commitment for all future uses. Because of the natare of the development, Staff believes that a DA is necessary to ensure that the site develops in a manor that is consistent with the approved plans and does not negatively impact adjacent properties. Staff has iuncluded a list of recommended DA provisions below. If the Commission or Council feels additional development agreement provisions are necessary, staff t~ommends a cleaz outline of the commitments of the developer being required. Residential Care Facilities: As mentioned above, the proposed use is a conditional use in the proposed R-8 district. Staff believes that the proposed use can be compatible with future single- family homes in this azea. However, Staff has some concerns with some of the uses proposed with the subject application. The applicant states that there will be outpatient counseling. Counseling and care for the patients staying at the facility is consistent with a residential care facility. But offering outpatient counseling is more a professional service use than a residential care use and Staff believes is not appropriate in a residential district. This facility is proposed in an R-8 district and the uses should be related to living on the site. Staff regaests that the applicant clarify at the public hearing how the outpatient counseling will function. Staff's initial reaction is to limit the treatment to the residents and relatives of residents. Therefore, a DA provision is included below restricting outpatient services on this site. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owners} at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. Please be advised a $3Q3.00 fee well required to process the development agreement. The DA shall include, at minimum, the following: a. Until a future CUP is approved, a maximum of 3 buildings {2 residential buildings and 1 administrative building} shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. Redmont Health Services AZ-08-008 and CUP-08-015 - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 25, 2008 b. Treatment on this site {counseling, therapy, etc.) shall be limited to the residents on the site; outpatient services shall be prohibited. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. walking path, gazden area, rope course). d. The site(structures shall comply with the Specific Use Standards listed in UDC 11~l- 3-29 for nursing or residential care facility. e. One access to this site, from W. Cherry Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. Two twenty-five. foot wide private streets shall be provided within the site in accordance with the standards listed is UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shalt be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details aad a plan approved 6y the City Arborist, for the existing trees ~on the site, consisting of 354 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. 1. Set aside 48-feet of right-of--way measured from the centerline of Cherry lane for the future road widening. m. The development of this property shall substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, place bollards in the asphalt at 150-feet. These bollards shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted to the Planning Department prior to occupancy of the first building. p. All future uses shall not involve uses, activities, 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. q. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. r. The applicant shall be responsible for all costs associated with sewer and water service installation. s. The applicant shall construct a 10-foot pathway along the northern boundary of the property, as proposed. t. UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is Redmont Health Services AZ-O8-008 and CUP-08-015 - ~ - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. In ACRD staff report, Cherry Lane is not scheduled for widening between 2019 and 2028: The applicant shall revise the landscape plan to be in compliance with this requirement. CUP Application: The applicant is requesting CUP approval to .construct and operate a drug and alcohol treatment facility consisting of two residential treatment buildings and one administrative building. Square footages of the three proposed buildings total 24,000 square feet. The Alzheimer buildings shown on the submitted concept plan are not part of this application and will be reviewed at a later date with future CUP approval. UDC 11-2A-2 requires CUP approval to operate a musing or residential care facility within an R-8 zoning district. In addition, the proposed use shall comply with the specific use standards of the UDC regarding Nursing or Residential Care Facilities. Specific Use Standards for Nursing or Residential Care Facilities per UDC 11-43-29: A. General standards: 1. If the use results in more than ten (10} persons occupying a dwelling at any one 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. The applicant is proposing to house up to 24 patients per resident building on-site which requires a change of occupancy. 2. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. The applicant should comply with this standard. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: The applicant states in the narrative services will be provided to adolescents. 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6'} nonscalable 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. Not applicable. 2.Outdoor play equipment over six feet (6'} high shall not be located in a front yard or within any required yard. The proposed ropes course should comply with this requirement. 3.Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. The applicant is proposing a rope course at the rear of the proposed buildings. Currently there is a large berm that runs along the southern property line and the canal and should bu, fj`er the noise generated by the rope course. However, staf,~'believes the applicant should comply with this standard of the UDC. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: Abarrier with a minimum height of six feet (6~, 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. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005} The future Alzheimer's buildings will have to comply with this requirement with future CUP approval. Redtnont Health Services AZ-08-008 and CUP-08-015 - 10 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Dimensional Requirements of the R 8 zone per UDC Table 11-2A-6: On the submitted site plan the proposed buildings comply with the required setbacks and the R-8 dimensional standards. Banding Elevations: Elevations for the proposes buildings were submitted with this application, prepared by BRS Architects, labeled as Sheets A4.1, and are included in Exhibit A. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. As mentioned earlier, the applicant is proposing to develop the site in phases with a total of three buildings in the first phase. All three of the buildings are proposed to be constructed of the same building materials. The applicant is proposing a variation is siding materials that includes stucco, lap, shake and board and batten wood siding with a stone veneer accents. Roofing materials are to be 25 year architectural grade composition shingle. Staff believes the buildings will be constructed of quality materials and is supportive of the proposed elevations. Any future buildings constructed on the site shall also substantially comply with these elevations. Parking: UDC 11-3C-6 requires 0.5 spaces per dwelling unit for nursing or residential care facilities. In addition, 1 per 500 square feet of gross floor area is required for the administrative building. Each of the proposed residential buildings (2 total) is expected to house 24 patients and the administrative building is approximately 6,000 square feet. Based on the parking requirements of the UDC (24 X 2 X 0.5} (6,000/500} the minimum parking for the site is 36 and 7? stalls are proposed. Staff believes this is enough parking to meet the needs of the first three buildings, but may not be enough for the future buildings in the future. Parking requirements will be further evaluated with additional development of this site. In addition, a bicycle rack is required to be installed on the site that is capable of holding a minimum of two bicycles and should comply with the standards listed in UDC 11-3C-5C. If the above changed is made, staff is supportive of the parking for the site. Access: The applicant is proposing to take access to/from W. Cherry Lane. Staff and ACRD are supportive of the proposed access point. For internal circulation, the applicant is proposing a common 25-foot drive aisle for access within the development. The Meridian Fire Department and the Meridian Police Department have conditioned the applicant submit a private street application for addressing the future buildings. Furthermore, staff believes the applicant should provide cross-access to the parcels to the west and east of the sabject site for future connectivity when those parcels propose to annex and develop within the City. Staff has made this a provision of the development agreement. Staff is regaining the applicant stab the west/east drive aisles to the adjacent properties, and place signs at the property line stat{ng that these roads will be extended in the future. Dae to the Fire Department's concerns about length of the eastern leg, Staff is requiring the applicant place bollards at 150-feet length because there is not a turnaroand. When the property to the east is developed the bollards shall be removed. Staff is also requiring a copy of the recorded cross-access agreement prior to occupancy of the first building. Slte Plan: Staff has reviewed the site plan (prepared by The Land Group, dated 05/28/2008, labeled as CUP-1, included in Exhibit A} subntted with this application. The following items should to be shown on a revises site plan submitted with the Certificate of Zoning Compliance application: • Per UDC 11-3C-6G, provide a minimum of 2 bicycle pazking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • Per UDC 11-3C-SB3, the parking stalls adjacent to the buildings shall have substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk may be widened to 7 feet to allow for overhang in this azea. Redmont Health Services AZ-08-008 and CUP-08-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Signs, and bollards en the east leg, should he along the west and east property boundaries stating road to be extended in the future. • Provide 77 parking stalls, as proposed. Landscaping: Staff has reviewed the landscape plan (prepared by The Land Group, dated 05!2812008, labeled as L1.00, included in Exhibit A} submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: • Per UDC Table 11-2B-3, a 25-foot wide landscape street buffer is required along W. Cherry Lane, as depicted on the landscape plan. However, the landscape plan shows trees planted outside of the buffer. UDC 11-3B-7C3 requires all landscape buffers along streets be planted with trees and shrubs, lawn, or other vegetative groundcover. The applicant should revise the landscape plan to comply with this requirement. • Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it substantially complies with the landscaping requirements in UDC 11-3B-8. • UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. In ACRD staff report, Cherry Lane is not scheduled far widening between 2019 and 2028. The applicant should revise the landscape plan to be in compliance with this requirement. • Construct a 6-foot vinyl fence along the western and eastern property boundaries. Meridian Pathways Master Plan: The City's pathway plan has identified ties site as a potential to extend the pathways network. In the text section of the Pathway plan (page 4-13) a portion along the northern and southern boundaries of the subject site are identified as possible pathway locations. The reason for the two locations an the subject site is one location is a short-term route and the other is a long terns route. The document states the short term mute is an on-street route along W. Cherry Lane located along the northern boundary of the site and the long term route is along the south side of Ten Mile Creek and does not require the pathway to be located on the subject property. The applicant is proposing a 10-foot detached pathway within the required landscape buffer to comply with this requirement. Staff is generally supportive of the pathway location; however, the applicant should contact the Parks Department to determine the preferred location of the proposed pathway and ACRD to verify that they are okay with the pathway too. Mitigation: The landscape plan depicts 5 existing trees, consisting of 167 caliper inches, on the site that are proposed to be remain during the development of the property. AR other trees that were not labeled to remain are proposed for removal. The applicant states the total caliper inches proposed for mitigation is 354 caliper inches. Staff has been informed by the applicant that the City's Arborist has met with the applicant on site and is currently working on a mitigation plan. Per UDC 11-3B-10, mitigation is required for all existing trees fl- inch caliper or greater removed form the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Staff recommends that the applicant comply with the mitigation standards listed in UDC 11-3B-1 OC. Amenities: As mentioned earlier, the applicant is providing amenities on the site for fitture Redmont Health Services AZ-08-008 and CUP-08-015 - 12 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 patrons to use. The amenities include areas for flower beds, a convenient and large common area, a pathway system and a rope course. Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Hours of Operation: The proposed facility is requesting to operate as a 24 hour facility. Staff is recommending provisions be in place to allow for 24 hour care on the property. Staff recommends the shift changes for the staff not occur between the hours of 11 pm sad 7 am to not disturb the residents of the current and future adjacent neighborhoods. If the applicant complies with this recommendation, staff is supportive of the applicant's request for 24 hour nse. Cert~icate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for the proposed building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. NOTE: A CZC application may include multiple structures within the development. Pressure irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, asingle- point connection to the culinary water system shall be required. If a single-point connection is use, the developer will be responsible for the payment of assessments for the common areas prior to signature an the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-I-28. Existing Structures: The site currently contains an existing single family home with associated outbuildings which are slated for demolition to make way for the pmgosed treatment facility. Prior to the issuance of building permit, the existing home and outbuildings on this site shall be removed. Fencing: On the submitted landscape plan, fencing is being proposed along the western boundary of the site. No other fencing is being proposed with this application. However, staff is recommending a 6-foot vinyl fence be placed along the eastern boundary to buffer against future residential that has the potential develop in the area. The comprehensive plan designates the parcels tv the east as Medium Density Residential and the use the applicant is proposing is more intense than a residential development. Prior to any building permits the proposed fencing and temporary fencing will be required to be installed to contain debris. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being developed shall be covered. The Ten Mile Creek is a natural waterway aced should be preserved and protected with development of this property. Redmont Health Services AZ-08-008 and CUP-08-O15 - l3 - CITY OF MERIDIAN PLANNIlVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Private Streets: The applicant is not proposing private streets within this development. however, for addressing purposes, the Fire Department and the Police Department are requesting private streets be provided within this development. The applicant shall submit a Private Street applieation with the CZC application rf not before). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshall: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standazds of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. The Fare Department is requiring a travel lane of at least 24 feet; however, the UDC requires a 25- foot two way drive aisle width. The submdtted site plan complies with this requirement c. Sidewalks: Afive-foot (5'} attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Five foot wide detached sidewalks are proposed in front of the structures adjacent to parking. These sidewalks shall be extended to the east and west property lines. d. Fire lanes: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. b. Staff Recommendation: Staff recommends approval of A~08-008 and CUP-08-015 for Redmont Health Services, as presented in the Staff Report for the bearing date of July 17, 2008, based on the Findings of Fact as listed in Ezbibit D and subject to the conditions listed in Ezhibit B. The Meridian Plannine & Zonins Commission heard these items on July 17.2008. At the public hearine Redmont Health Services AZ-08-008 and CUP-08-015 - I4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 the Commission moved to recommend approval of the subiect AZ and CUP request. The Meridis-n City Council heard these items on August 26.2008. At the nublic_hearina the Council annroved the subiect A7, and CL~' reanest. 11. EXHIBTI'S A. Drawings 1. Vicinity/Zoning Map 2. CUP Site Plan (prepared by The Land Group, dated 05/28/2008, labeled C1.00) 3. Landscape Plan (prepared by The Land Group, dated 05/28/2008, labeled L1.00) 4. Building Elevations/FloorPlgns (prepared by BRS, labeled Sheet Al .1 and A4.1) B. Conditions of Approval 1. Planning Department 2. Public Works Department3. Fire Department 4. Police Department 5. Parks Department b. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Legal Description and Exhibit Map D. Required Findings from the Unified Development Code Redmont Health Services AZ-08-008 and CUP-08-015 - 15 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF AUGUST 26, 2008 A. Drawings 1. Vicinity Map 225 5322 %+ 5200 1447 1923 11 5150 l . \, . v.-._...:..~._..~_ [ ~ E N 5321 '. 5103 ~. ~' 3 ~ UT ~- z = v t 5287 I 5 3 - ~. _-- --..__- _- .4920 ~~..- -- --- i 5136 5120 ~ 4920 4$88 + +t J FiL.RgY LN . ............... _~ .. _.__ :...----------- I 4973 '• µ so7s R .,~ `; 1435 ~1.~ ~.. i ILA ST P R-B~. - _. v ~- 4 .~ --Q~~~! ~~$1 Exhibit A -1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF AUGUST 26, 2008 2. CL]P Site Plan oyep~ 'wera+•w w ono . ' p •~I 'saa-Mes 4>I~H luawpey ueld eilS ~Itewey~ A ~ , ~ U ~ {( ~ ~ ~ ~ _ 1 i i lam. ~ ~ x r. . wr I ~ .~ '# ~1~. ,• •; ~~~ .... - F ~-~• GV~n ~. ~ ~~ ~. .. a.kx~.. ~~ L ~o- - i - . i ~~ . ,/ 9 I d~ t J • , ~ y . ~ ~ u 'C:i ,.5~~ ~~ ~ i ~ , .f . _ ~~ _, . ~~ , ~1 1 Pg ~ J I. `~" •-----~----------- ---J~~- _ ~ ~ $. _ ~ j' I/f;! x ; . 1. ~ ~.. ~; i + '' ~ _ •:r ~~ ~ 1'~ ' ~ Cl j ,.. f - _ ~ ':lj. .- ~ ~ ' .. I ~ ~~ ~~ C 6*. 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' I 'YYfy Ilt ~I• ~~\'\' ~~ . . , ~ ~. ~. i~ .~ %i~~ wit. - ...a ~~i r- f, r~~~ ;...~~ ~ s {' E~i ~ - I P I ' i ~ - - - - - _ _ _ :R ~f ~ w..a ~ _ ' ~i ~,' i.i ~ ~ Ij ,q ' 4 ~ y{ c ~ t`\ 4 \ ? ~ b i J aA~t `~,7: Yom. /\ . u~ f ((y CV 9 x'11 ,a ~ s'`.~ r'f ~ :~ ,,~. -~ ~ ~ ~ ~,. 1 °~~ t-~ 1 ~ H lii !i' ~ ~ ~f? ~lir ~ ~ b ti.~ m I~ d a P~ ~o~~ ~~r~ Exhibit A - 3 - CFCY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 4. Elevations Exhibit A - 4 - ~.t ~w ~~ .«.,: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 RERR Fe FvplIOM ' • • -•a ~ ...o ~ ~u ~: r~a ~* • i rev ~v v~aeY• ur ~. r, ti { 1-- ~~ .. ~ ~ ~I ~ ~$ ~ 8 1 R _ _ -" _ ~ ~ ~ ~ ~ ~ ~ I~ i S? g ! '~ ~ ~ ~ t~ 0 J . 1 1 1 ~ ~r 5 Exhibit A - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on May 28, 2008 by Aaron L. Ballard, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as pazt of the annexation and zoning of this property. Prior to the annexation and zoning ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 12 months of Council approval to initiate this process. Please be advised a 5303.00 fee will required to process the development agreement. The DA shall include, at minimum, the following; a. Until a future CUP is approved, a maximum of 3 buildings (2 residential buildings and 1 administrative building) shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. b. Treatment an this site (counseling, therapy, etc.) shall be limited to the residents on the site; ntinuing care of the residential patients and their families is allowed provided it is consistent with the Redmont Health Services businessltreatment elan for residential care facilities. c. At a minimum, amenities shall be constructed on the site as groposed on the site plan (i.e. walking path, garden azea, rope course}. d. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3- 29 for nursing or residential care facility. e. One access to this site, from W. Cherry Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. free Two twenty- five foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details and a plan approved by the City Arborist, for the existing trees on the site, consisting of 354 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. 1. Set aside 48-feet of right-of--way measured from the centerline of Cherry lane for the future road widening. m. The development of this property shall substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. Exhibit B - 1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF AUGUST 26, 2008 n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, base-bells strive the asphalt at 150-feet. The be~lar~s striping shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted tot eh Planning Department prior to occupancy of the first building. p. All future uses shall not involve uses, activities, 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. q. All future development of the subject property shall comply with City of Meridian ordinances in effect at the tune of development. r. The applicant shall be responsible for all costs associated with sewer and water service installation. s. The applicant shall construct a ~9-lee~paty S-foot wide detach~l sidewalk along the northern boundary of the property, as proposed. t. The developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover in accordance with UDC 11-3B-7. u. Coordinate with the Meridian Fine Department regarding emergency access from the varkina lot to each of the buildings on the site. An emeraencv access lane shall be delineated within the narking area to facilitate emergency vehicles to allow emergency ersonnel unobs c cess from the narking area to the front of the ,future buildings. v. A portion of this development ljes within the Meridian_Floodolain Oyerlav_District. The R is twill ermit and lure a~roval befor any ~o~s~uction can begin. Per~m't a}tnroval may require develonme~ f Base Flood Elevations. mapping of the floodplain and / or floodwav boundaries. and analysis of the effect of the development on the #losltlglain. 1-1,ttl~icant should reference City Flood Damage Preventio Code and coordinate with the Floodnlain Administrator to veri r uirements. 1.2 CONDITIONAL USE PERMIT 1.2.1 The site plan, prepared by The Land Group, dated May 28, 2008, is approved with the following modifications: • Per UDC 11-3C-bG, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC l l -3C-SC. • Per UDC 11-3GSB3, the parking stalls adjacent to the buildings shall be provide substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk maybe widened to 7 feet to allow for overhang in this area. • Provide 77 parking staIIs on the site as proposed. • Signs, and s striuin$ of the asphalt on the east leg at 150-foot mark, should be placed at the east and west property boundaries stating "road to be extended in the future". 1.2.2 The landscape plan, prepared by The Land Group, dated March 28, 2008, is approved with the following modifications: Exhibit B - 2 - CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Per UDC Table 11-2B-3, a 25-foot wide landscape street buffer is required along W. Cherry Lane, as depicted on the landscape plan. However, the landscape plan shows trees planted outside of the buffer. UDC l I-3B-7C3 requires all landscape buffers along streets be planted with trees and shrubs, lawn, or other vegetative groundcover. • Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it substantially complies with the landscaping requirements in UDC 11-3B-8. • UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted gravel shoulder meeting the conswction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. • Construct a 6-foot vinyl fence along the western and eastern property boundaries. • Per UDC 11-38-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the CZC submittal. 1.2.3 The building elevations, prepared by BRS Architects, labeled Sheets 4.10, are approved. 1.2.4 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits for the proposed building. 1.2.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.2.6 No business signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D}. 1.2.7 The Applicant shall have a maximum of 18 months to commence the use as permitter in accord with the conditions of approval listed above. if the business has not begun within l 8 months of approval, a new conditional use permit must be obtained prior to operation. 1.2.8 The staff shift change shall not occur between the hours of 11 pm and 7 am on the site. 1.2.9 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29, as applicable. 1.2.10 The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. 1.2.I 1 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. 1.2.12 The applicant shall submit a private street application with CZC submittal. 1.2.13 1.2.14 A copy of a recorded cross-access easement to the properties to the east and west to use the private streets as access shall be submitted with CZC submittal. Exhibit B - 3 - CITY OF MERIbIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 1.2.15 Prior to issuance of a building permit, the existing structures shall be removed from the site. 1.2.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek ar well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.17 Coordinate with the Meridian Fire Department regarduna emeraencv access from the rlot to each of the buildings an the site An emergency access lane shall be delineated within the ~~~ area to facilitate emerf=encv vehicles to allow emeraencv personnel unobstructed aces fr9m_the par~g area to the front of the future buildings. Z. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Black Cat Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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 Depar~nents Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Cherry Lane and N Black Cat Road. The applicant shall be responsible to install a looped 8 inch water main from N Black Cat Road to W Cherry Lane. The applicant is allowed to phase the water line connection as the other parcels develop granted all easements are dedicated to the City of Meridian and surety is collected. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way {include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, 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. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water {MCC 12-13-8.3). 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 signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208}334-2190. 2.8 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. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash swety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate rx-ailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 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. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces is at least 1-foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way aze installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 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. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical Iocations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light Exhibit B - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 ©perational fire hydrans, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 There shall be a fire hydrant within 100' of all fire department connections. 3.5 Where a portion of the facility or building hereafter consttuct~ or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183}. a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m}. 3.6 The buildings on the site shall require a NFPA 13R or 13D sprinkler system and fire alarm system per NFPA 72. 3.7 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fitlish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit 13 - 6 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2b, 2008 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.8 For all Fire Lanes provide signage "No Parking Fire Lane". 3.9 Provide private streets for addressing the each proposed building. The private roadway shall be constructed a minimum of 24 feet in width, have a turning radius of 28' inside and 48' outside and be able to accommodate an imposed load of 75,000 GVW. 3.10 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection{s). 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.14 The east/west private street shall have a sign ~ and strinin¢ located at 150-foot (measured approximately 50 feet from the eastern property line) stating road to be extended in the fimlre. Said placement of sign e~-bella~s an~~ shall be Meridian Fire Department approval and comply with the 150-foot distance requirement. 4. POLICE DEPARTMENT 4.1 The applicant shall provide private streets within the development for addressing each proposed building. 5. PARKS DEPARTMENT 5.1 No comments received from the Parks Department. 6. SANITARY SERVICES COMPANY 6.1 SSC did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Dedicate 48-feet ofright-of--way from the centerline of Cheny Lane abutting the parcel where it does not currently exist. 7.2 Construct a 5-foot concrete sidewalk, a minimum of 41 feet from the centerline of Cherry Lane. 7.3 Construct a 25-foot driveway access to intersect Cherry Lane located approximately 160 feet east of the westernmost property line (measured property line to near edge). Exhibit 13 - 7 - C[TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 7.4 Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 1 S-foot radii abutting the existing roadway edge. 7.5 Other than the access specifically approved with this application, direct lot access to Cherry bane is prohibited. 7.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDTI'IONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 {with file numbers) for details. 7.2.5 All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and ail applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.7 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.8 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-0f--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.11 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7.2.12 Comply with the District's Tree Planter Width Interim Policy. Exhibit B - 8 - C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 7.2.13 Private sewer and water systems are prohibited from being located within any ACHD roadway or right~f--way. 8. CENTRAL DISTRICT HEALTH 8.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 Central District Health will require plans be submitted for a pion review for any food establishments. Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 C. Legal Description and Exhibit Map rrte usto caout: trot. Wray 28.2aas Pmjoct No. 08055 Amtexatian and Rezone 4.00 Acres EX®PT"A" A haCr ofland situated in a portion ofthe Nadtcest One Quartet of tM Nortla'aei t7ne Quarter of Section 9. Towndrip 3 North, Rangy 1 West, poise AReridie4 Ada Caatty, Idabn, desexlbed as rnu~ra: Commencing at a found 112-inch auol pia monumaidng the North One Quarto Comer of acid Section 9 and being om the c~arline of Chary t.atrc, tbstue follwting the northaty tine orthe Nathee~ One Quarter of said Seetiot~ 9 aad said un0eslirte, South 89°37'38" East a diatmoe of 1,641.35 fax b a poird, which bears North 89°37.38° Wei a distance of 1,008.39 kot from a found 5/8-etch sad pin montmtmting the Noed>east Coma of said Secdon 9 sad being tlx POINT OF BEGIIJNING. That<o following said troetlterly line sad said oeourline, Soutb 89°37'38' East a disfatxo of 391.73 foet to a pairti; 17tence kavmg said twsfttariy line sad said aartcliae, South 000'02 East a dismnx of 622.14 feet to a puatt on the ca~lvrc ofa di0d~ 1'ttenee following said t5ea0erime, Nato 70°41'08° West a diataare of 233.64 feet m a pow: 79saxx folbwiog sad aansarline, North 72° 16'08" Wort a distaoee of 179.76 foes w a 1>~ Thrace reeving said cxnaattn~e, North 00°x'02 Ease a dis0a~nx of 442.66 fact to the POIIdT OF $EQaVNIIdO. l'he abovedesrarbed pact of Iamd contairw 5.00 acres, Wiens or teas, subject to sny wtistiog easetirents a rigWs-oRway. PreParcd 13y: Tl>le [.A1dD GROUP, QJC. 46.2 E. SHORE DRIVE, SUrI'E 100 EAt'~LE,IDAHO 8361b 208-939-4041 ZO&939445 (FAX) lm~rra~.9ra(rnvitrr .Srh Piurg .GwrElga».agrGegCim.lmamirs Ot! too tt;~ vim rte, rte. f.as. t~ rma»s..wrt a xa~ss+as . (rti300a1a8U55\.tdmm\I~RaFc;t rRMT 118055 Ya.r 1'aKc I ..f 7 0 ~~ Exhibit C - 1 - CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 C/L CHERRY LANE ~~~ in a portion of the Northeast i/4 of the Northeast 1 /4 of Scion 9, pNT OF ~pNN~-G Yownship 3 N, Range f W, B.M., @~ ~ ~~~ Ada County, Idaho _ sas9'3r3B'E 2649,94' zoos 1641.35' , 391.73' ~ 616.86' `s ~ t/2-INCH STEEL PIN ~ '~ t/4 CORNER SEC 9 Sj8-INCH STEEL PIN POINT OF COM~tENCMENT NE CORNER SEC. 9 5p751Y. CHERRY LANE CTJRREIV'I' TAX DISTRICT: R-i PItOPOSF,.D TAX DISTRICT: R-S M PITCH r J J Legend H~Q's~ °g'°w X33 ss ^-~ cN.cuu>FO aoN+r ~,~y LApO ~ ' S/8-q~CH SiEEt PUI ~a~~ csr i/~-Ixo+ s>FE~ Pax a 12459 PtataEarr outr ~rrt .+, -- raa+r-aF-wAr uaE ~~ +'~ 6 °~ '~1vc.ss~~' ~ - ...-. - -- - cE~rrER~ ~ sccnaY ura K'.?,~~ ~ ENGfNEERfSURVEYOR PROJECT INFORAAATION St~Te: 1' = 100' ~ ~\ /~-+~ THE LAND GROUP. TNC os-28.08 ~ ~ ~ :~~- Redmant Health Services :~:-,~..~..~ ~-~-~- Annexation & Rezone ors l ~ ~ ~a~,...,, , City of Meridian Exhibit "8" Exhibit C - 2 - CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2408 D. Require Findings from the Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following Endings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the reguladons outlined for the proposed district, speciscally the purpose statement; The City Council finds that the existing and proposed use of the property as a residential care facility is a conditional use in the R-8 district and is generally consistent with the future land use map designation of medium density residential for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City ([TDC 11-5B-3.E). The City Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the City. 2. CUP Findings: 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 existing site is large enough to accommodate the proposed use. However, the R-8 zoning district requires CUP approval for Nursing/Residential Care Facilities in accordance with UDC 11-2A-2 and strict adherence to the specific use standards in UDC 11-4-3-29. See analysis in Section 10 for more information. Staff recommends the Council rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARIIVG DATE OF AUGUST 26, 2008 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council fords that the Comprehensive Plan Future Land Use Map designation far this property is Medium Density Residential. The subject property is proposed for R-8 zoning and complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use}. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and wlth 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 City Council finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Commission believes that the proposed use 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, wiU not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use w~l be served adequately by essential public facdi>,ies and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council fords that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use wiU not create excessive additional costs far public facflities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 City Council recognizes that traffic and noise is a concern; however, the City Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Council's attention. The City Exhibit D - 2 - CITY OF MERIDIAN PLANNQIG DEPARTMENT STAFF REPORT FOR THE HEARIiVG DATE OF AUGUST 26, 2008 Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit D - 3 -