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2008 11-06I:, :: ~_~ ~k~,, ~4,. ey ~~= ~:~~ i~ ~; R- _;;. '` , .::k ~'y i, Si{•. `I :~I :; f': 4; "~ ~: r ..~,' i ~.~ $~`": ~1~1E MERIDIAN PLANNING AND ZONING ::; ~~: REGULAR MEETING ~,,:~~~ ;:~::..; .... AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Thursday,l, November 6, 2008 at 7:00 p.m. 1. ttAlthough the City of ~ eridian no longer requires sworn testimony, all presentations bef ire the Mayor and City Council are expected to be truthful and h ,nest to best of the ability of the presenter." Roll-call Attendance: X Tom O'Brien X Micha I Rohm O, 2. Adoption of the Agerllda: Approve 3. Consent Agenda: III O Wendy Newton-Huckabay X Joe Marshall David Moe -chairman A. Approve Minu des of October 16, 2008 Planning and Zoning Commission M eting: Approve B. Findings of Flct and Conclusions of Law for Approval: CUP 08-026 Reque~t for Conditional Use Permit to operate an animal care facility in ~n L-O zoning district. for Mills Veterinary by Dave Evans Constr tion -NEC of Meridian Road and Ustick Road: Approve C. Findings of F ct and Conclusions of Law for Approval: CUP 08-025 Reque t for Conditional Use Permit for a residential care facility in a C zoning district for. Shaylee Estates by Marc Johnson -133 , 1402 & 1414 N. Meridian Road: Approve D. Findings of F ct and Conclusions of Law for Approval: CUP 08-027 Reque t for Conditional Use Permit approval for an assisted living facility ~n the TN-C and TN-R districts; to exceed the maximum buil ing height allowed in the TN-C and TN-R districts; and to excee~ the maximum building footprint square footage allowed in the N-C district for Beacon at Southridge by Eastern WashingtoNld ho Synod of the ELCA -south side of Overland Road, approxi ately 800 feet west of Linder Road: Approve Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accomm dation for disabilities related to documents and/or hearing, please contact the City Clerk' Office at 888-4433 at least 48 hours prior to the public meeting. .,, R ; s r _T ~~ rt- " ,~, ~, ~o ~,"1~ ,;~ ~~• ~a . ~' 3 A~ fit'' , s`"i ,~ ~yy: 71i4.~, k w,'r p p _.. S't~l~k ~ r n ~1 0' +C.; ,''~ f ~ t,}.. ~aFy~ ~1.i:. F'-~~; I a~~h~~ ~ rv.~q'. .. t i~H~~ ~ i:~ { b ~' yl r. KS ,.i lk~~~'~~ ~c; ?a.& I~ ~ :'p:~.,i s. ~_,_ e yta it ~ y~ ~~ a ~~ n. y y e ; 7ti w f 4~~Ee~A`{ ~,. i N ~.' ~.~. ;rF ~.; _efl_' ~3, ~fi , f l ~~T 1~ t ~~ 2 ~*{' t.' Jf'~ t~~'s i ~ yes , yy ~ ~ y 1~. ~ Y ~ . C . ~'ea ~~ ~~ r l ~ ~ i , ~ T~ r . _!. '. }7 rc e j~ ,, ~ ..4~ a ..,y.2F i~~:', '.4 :. • f~.6 ~k ~. .....~ .. ~. ~'L S',~:' ~; , i l ,: t <;. ~~; ~. ~:;v~it N;: ~'~ ~~ ~. ~::, s :~~ ~;. <~ ~' ,, ;~~~: E. Findings of Fa ~~ t and Conclusions of Law for Approval: MCU 08-002 Reques for Conditional Use Permit approval to Modify the previously appr ved site and building layout for Lot 4, Block 3 of Devon Park Su division No. 1 to reflect that which was recently constructed for ~airview Lakes Retail by Doug Tamura - 950 E. Fairview Avenu~: Approve 4. Public Hearing: RZ O~i -006 Request for Rezone of 1.39 acres from I-L to C-G zone for Lanark roperty by Patrick McKeegan - 3131 & 3163 E. Lanark: Recommend pproval to City Council 5. Public Hearing: RZ 8-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Wine ham Place by Eagle .Spring Investments, LLC - east side of N. Meridi ~ n Road, approximately '/2 mile of E. Ustick Road: Continue Public Hea `ng to December 4, 2008 Meridian Planning and Zoning Co mission Meeting Agenda - November 6, 2008 Page 2 of 2 All materials presented at p~blic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk'sOffice at 888-4433 at least 48 hours prior to the public meeting. II ~~ + _ ~ ''til ~ t ' i' ~ - " - F ~ t . 1 ~ 3 ~i ffi ~ ~h d~Lh', ;.~ tPy~~'t y ( ~.. a. t~ ~. ' ~ 3 ~ "~ 1~-1' , r.~.a .A } ~ ~ ~~~~~~~ i ~~ ri t~h7~I~H ~~~ i i ~~~~~ ~ ~'~ ~:r ' £l5~y ` ~ ~.:, r S ~ i P a ~~ ~ i ~~~ r7f ~~~. r x z i a~. zi~ F _ ~~a~~ k~ f. p ~~+ ~` 5 "? f ~ ~, ~ _.: ,. r K. ~, ~~ + .1, ~ i gg, K~i P~ a ;~~;~ 9 ,~"»~~' t I ir~~~+~-~~ _" ~~~: ~~t S ~ ~ ~. [, ' ~ ~ ~ ;S a ~;SF . ~ y~ d z ' r ~t t ~ i ,~ ~ _; ^ i ~ ~I ~ ~ ~ ~i ~,~.~ ~ a., '~~A~ _ ~. E IDIAN;--- MERIDIAN PLANNING AND ZONING ~~~ s ~, A ~ REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho :: , ` Thursday, November 6, 2008 at 7:00 p.m. ~,:, "Although the City of Meridian no longer requires sworn testimony, ; all presentations before the Mayor and City Council are expected ,, to be truthful and honest to best of the ability of the presenter," ~~ ~~ 1. Roll-call Attendance: ~~ ~, ' Brien Wendy Newton-Huckabay ~C Tom O :" ~ Michael Rohm Joe Marshall David Moe -chairman 1 ~ ` - .> r 2. Adoption of the Agenda: ~ s..:~Fn r~ o- 3. Consent Agenda: . ~:= A. Approve Minutes of October 16, 2008 Planning and Zoning {! z Commission Meeting: j~y~p ~ ~I ~~- ~- ~ a B. Findings of Fact and Conclusions of Law for Approval: CUP - ~~ ,~=~1 08-026 Request for Conditional Use Permit to operate an animal care facility in an L-O zoning district for Mills Veterinary by Dave "`` h~, Evans Construction -NEC of Meridian Road and Ustick Road: C. Findings of act and Conclusions of Law for Approval: CUP ~ 08-025 Request for Conditional Use Permit for a residential care ':r facility in a C-C zoning district for Shaylee Estates by Marc r` ~ Johnson -1332, 1402 & 1414 N. Meridian Road:~p~~ '' ~ ~ D. Findings of Fact and Conclusions of Law for Approval: CUP i ~ fi. 08-027 Request for Conditional Use Permit approval for an assisted A ` ' ~~~ livin facili in the TN-C and TN-R districts; to exceed the g ty maximum building height allowed in the TN-C and TN-R districts; '~ ~ and to exceed the maximum building footprint square footage ~i _~' ' allowed in the TN-C district for Beacon at Southridge by Eastern ~ Washington/Idaho Synod of the ELCA -south side of Overland ~ `' Road, approximately 800 feet west of Linder Road: `. ~~~ f'~ lam. ~;~ ,> ' Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. . Anyone desiring accommodation for disabilities related to documents and/or hearing, ' ;'~. please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >.. r s;~'t t ,.~'`~.~ ~~ ~ -~ ~ .}: V Y Y .p X41 ~ l ~ ~ y~.f yti= iy~ ~! ~ f ui f `' E~ ,~~ NN ~ r ~' ~':~ y.-t±3~'~. l~pk" 3 ~. ; f ~ ~ ; '.J lyp-0 ~~ ~ _.f ~ t4'~' 4 a ~ _. F ~ ~{. ~ ~ ' ~ q ~ angN ~ ~ h ~~,~.yu ~~~-rc' ~~~ ~. Y 7 -l~~W~ ~ F t •~,y ' f 4f, K' y y.~ ~, i^ h~iie4~ rl' ., t ~ ,'~" i~ ~ ~{,~~ is i i; - ~ t , ~ ~' ~ ~` ~ hp ~ . F 4 i~ ~. ..,A~ , ,~ r : ~'~'L~ F I ~^ t ~ _': ~~' ~ ~ c. d1. ~ .., ,~..~ . ~ t - x ~, : y Gi _ S ~'f.~ t i~.%; 1 _ y f, 4 tii E,~. J ~ V~' f '~1T ^~ 2, s L ???? ~~1L~ 1~S ~' ~ ~f ~ t ~ .4i I IY~~F, _ - .C ti ~ f b ,; ! ~ fqa~~ . ,;>, ~~ ~,_~Y,'. F:, .~p, ~t ~ •~r r 'C~M1. .t F ~fi :_..• .-:;. - , `': ~: ,,,~ ':: •. tj '~~ r,;c' j -,ti ~] ; '!Jrlt~ ~'~iti ".=L::'. ~'~''~ E. Findings of Fact and Conclusions of Law for Approval: MCU 08-002 Request for Conditional Use Permit approval to Modify the previously approved site and building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. Fairview Avenue: ~p ~~ ll'~ 4. Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to C-G zone for Lanark Property by Patrick McKeegan - 3131 & 3163 E. Lanark: ~~1~1'li~~-G~- '~~J/~I^DUG~-Q ~ G^~ ~U.O'K' ~~.e 5. Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of N. Meridian Road, approximately'/2 mile of E. Ustick Road: Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. 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"t.. ..ss` ir~ ;i'T ex[": i'=" t. wr .~} .I a° ~i 5.C ~ ' f e h - ~. . 1 . 1„%I'. •:~ ~ t R. .f. I h $ , 9 ~ ' 4 t Y 4.. ~. tic...:. x: s ...;~ . f : ~ . :: i; . 41 ~.~~~.3.=~,L, '-:}~ _ k ~ -1:; ; ~,_ >"~; ~:; ;~;r{ k a . <- :,,„ ~,~ r ,.s ~~~; ~,~ y ~1Yi' 1 ~~'. ~v 4 .: ~,.~. „k ;; ~pp~~~~ ` ' ' ;; r'rr ~ ~. ~ w? ir " t z . ~ } ::rx: ~' ~~ r~ t ..>., ~~~= ~~~' _ TS~~ , ;,,1:;, ;, ?, 7;d4~. h:N:~... '. ~: E 1~11`~1V ~~~"' MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Thursday, November 6, 2008 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of October 16, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-026 Request for Conditional Use Permit to operate an animal care facility in an L-O zoning district for Mills Veterinary by Dave Evans Construction -NEC of Meridian Road and Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-025 Request for Conditional Use Permit for a residential care facility in a C-C zoning district for Shaylee Estates by Marc Johnson - 1332, 1402 & 1414 N. Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 08-027 Request for Conditional Use Permit approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C and TN-R districts; and to exceed the maximum building footprint square footage allowed in the TN-C district for Beacon at Southridge by Eastern Washington/Idaho Synod of the ELCA -south side of Overland Road, approximately 800 feet west of Linder Road: Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: MCU 08-002 Request for Conditional Use Permit approval to Modify the previously approved site and building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. Fairview Avenue: 4. Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to C-G zone for Lanark Property by Patrick McKeegan - 3131 & 3163 E. Lanark: 5. Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of N. Meridian Road, approximately'/z mile of E. Ustick Road: Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. _`~+~~+. :~; E IDIAN`~ ' MERIDIAN PLANNING AND ZONING 9 D A H ® REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Thursday, November 6, 2008 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Rofl-call Attendance: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of October 16, 2008 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-026 Request for Conditional Use Permit to operate an animal care facility in an L-O zoning district for Mills Veterinary by Dave Evans Construction -NEC of Meridian Road and Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-025 Request for Conditional Use Permit for a residential care facility in a C-C zoning district for Shaylee Estates by Marc Johnson - 1332, 1402 & 1414 N. Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 08-027 Request for Conditional Use Permit approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C and TN-R districts; and to exceed the maximum building footprint square footage allowed in the TN-C district for Beacon at Southridge by Eastern Washington/Idaho Synod of the ELCA -south side of Overland Road, approximately 800 feet west of Linder Road: Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation far disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. rte ,_ ~y,, E. Findings of Fact and Conclusions of Law for Approval: MCU '' `~ _ ~; 08-002 Request for Conditional Use Permit approval to Modify the , previously approved site and building layout for Lot 4, Block 3 of F. ~ .~ Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. ~~ ,:;-;~~. Fairview Avenue: 4. Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to ~; C-G zone for Lanark Property by Patrick McKeegan - 3131 & 3163 E. ~~ ~~~ <,~~,- Lanark: r~ ` * ~~.~y 5. Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of N. Meridian Road, approximately %2 mile of E. Ustick Road: _ `: f -~~.~ ~.~Y r =. s ,`~~,. , y,£, s: f~, .c . ~ 7°. 4'' A;', ;~~.; c ~ i ~~~' t~~ • :-~( 1 + . k, `'y .4 .~ .::4 '•i: ;~ ~ i 7~ k; ~s- Meridian Planning and Zoning Commission Meeting Agenda - November 6, 2008 Page 2 of 2 All t ri l ~"r' ~ ma e a s presented at public meetings shall become property of the Ci of Meridian. ty Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 3. ~rz_ '; I -:,_:- M~i'-. „~ iP" ~~ #~°` broadcast Report ~. ' = ~~ Date/Time LocaIID 1 11-03-2008 03:51:02 p,m, Transmit HeaderText Cltyof Meridian Idaho ~`"' ;; Local ID 2 2088884218 Local Name 1 Line 7 Local Name 2 Line 2 This document :Failed ~~" (reduced sample and details below) ,,~:, `~ -~~ Document size : 8 5 "x11 " ~ . 'e. ~-~ '`+ ar Yt.-~bl' ~ c,. l3 c'~ c c~~ 'T~,,.~~as1 ` ` (~i'yl E IDiAN iIAERID1AiV PL1WN{NQ AND ZONING 1 e A EI ® REGULAR MEE'rfNG AGENDA '` ' ~ City Caurtcti Chambers Y.. ` `' ::-'~ 33 East Broadway Avenue, Meridian, ' ldaho Thursday, November B. 2008 $t 7:00 p.m. " `' °rAithough the City of Meridian no /eager requires sworn testimony, - ail presentations before the AAaycar and City Council are expet~`®d ;~~:~:, to be truttrfui and honest to best of the abfJlty of the presenter. 1. Rali-tali Aifendance: `' = ~? K~ Tom O'Brian Wer~y isewton-Huckabay Michaat Rohm Joe Marshaif =;;i; David Moe -chairman ~ -~,-= 2. Adoption of the Agenda; .t - 3. Consent Agenda: A. Approve Minutes of October 1B, Z008 Plennirrg artd Zoning Cammission Heating: " ~ ~ ~ B. Findings of Faot and Cancluslona of Law for Approval: CUP 08.028 R . : equest for Conditions! Use Permit to operate an animal ` , care facliffy 1n an L-O zoning district for Milts Veterinary by Dave ~ -`; Evans Construction -NEC of Meridian Road and Usttcic Road: ~,~ ~, ~ C. Find{ngs of Faet and Conclusions of Law for Approval: CUP 08.025 Request far Conditionat Use Permit for a residential Dare _ ' facility In a C-C zoning district for Shaylee Estates by Marc - ~ Johnson -1332,1402 & 1414 N. Meridian Road: .~ d. Findings of Fact and Conciusior~ of Law for Approver: CUP OB-027 Request for Conditional Use Pennlt approval for an assisted 1[ving facility in the TN-C and TN-R disMots; to exceed the maxlmutrt building height alkwed In the TN-C and TN-R disMlcts; j '~ and to exosed the maximum builds foa Tint ng tp square footage ~~ albwed in the TN-C dlstric3 for Beacon at Southddge by Eastern Washingtonlldaho Synod of the ELCA -south stria of Overland ?~~ ~... aR _' ..5 . Road, approximately 800 feat west of Linder Road: ~ Meeidien Piaroaing mid Zoning Commlealon MB®tNg Aegende- i+tovomber g, p~ 9 oP 2 ~ te!7a!$ prosontod of p~0o maeWtgs etmit become pmportY ofttio CHy aF MerW1~8 Yo please oanfe~dtha aocommodatlan Wrdiseb®f6ea tested to documents amLar nearing, City Cterlts Oftlce at 888~4,A33 ~ least 48 bare pflor to Nta public mea8ng. ' Total Pages Sca nned : 2 Total Pages Confirmed : 32 """ No. Job Remote Station St T < 001 720 3810160 art ime 03 21 Duration Pages Llne Mode Job Type Results ~'~ ;~ " - 002 720 9 8467366 : :03 p.m.11-03-2008 03 21 03 00:01:53 2/2 1 EC HS CP9600 , : : p.m, 11-03-2008 00:00:24 2i2 1 EC HS 003 720 9 8950390 03 21 0 CP28800 , : : 3 p.m.11-03-2008 00:00:25 2/2 1 EC HS CP3120 004 720 2088882682 03 21 0 0 ' "~ : : 3 p.m. 11-03-2008 00:00:31 2/2 1 EC HS CP28800 Y=r. 005 720 9 8840745 03 21 03 , : : p.m. 11-03-2008 00:00:31 2i2 1 EC HS Cp28800 006 720 2083876393 03 21 03 : : p.m.11-03-2008 00:00:23 212 1 EC HS CP28800 ;. 007 720 Ada County 03 21 03 ~~ : : p.m.11-03-2008 00:01:18 2!2 1 G3 HS CP14400 y~ F i~- t:. "rA~ }~F ,j; 3 ' c r7~ 1 il i .-''F. ~ i': _... . ,f .;~_ (.. y ;_Y -~, { °:~ 7~~.= ~t ~~ _$:~t2 ~~ .:,., ~n Meridian Planning and Zoning Meeting November 6, 2008 Meeting of the Meridian Planning and Zoning Commission of November 6, 2008, was called to order at 7:00 p.m. by Commissioner Michael Rohm. Members Present: Commissioner Michael Rohm, Commissioner Joe Marshall and Commissioner Tom O'Brien. Members Absent: Chairman David Moe, Commissioner Wendy Newton-Huckabay. Others Present: Bill Nary, Machelle Hill, Tara Green, Anna Canning, Bill Parsons, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm -Vice Chairman X Joe Marshall David Moe -Chairman Rohm: Good evening, ladies and gentlemen. At this time I'd like to call the regularly scheduled meeting of Meridian Planning and Zoning Commission to order and begin with the roll call of Commissioners. Item Z: Adoption of the Agenda: Rohm: Okay. The first item on the agenda is the adoption of the agenda and we do have one change. Item No. 5 on the agenda, the RZ 08-007, will not be heard tonight and it will be continued to the regularly scheduled meeting of the Planning and Zoning Commission of December 6th, 2008. Other than that, there is no other changes. Could I get a motion to accept the agenda as changed? O'Brien: So moved. Marshall: Second. Rohm: It's been moved and seconded to adopt the agenda. All those in favor say aye. Opposed same sign? Motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of October 16, 2008 Planning and Zoning Commission Meeting: ~~-;N v~~Y',. ~;':~ ~~~ l r~ 1 ~V 4 r F, :;, _~ ~~:., at: ; Meridian Planning & Zoning November 6, 2008 Page 2 of 12 B. Findings of Fact and Conclusions of Law for Approval: CUP 08-026 Request for Conditional Use Permit to operate an animal care facility in an L-O zoning district for Mills Veterinary by Dave Evans Construction -NEC of Meridian Road and Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-025 Request for Conditional Use Permit for a residential care facility in a C-C zoning district for Shaylee Estates by Marc Johnson -1332, 1402 & 1414 N. Meridian Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 08-027 Request for Conditional Use Permit approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C and TN-R districts; and to exceed the maximum building footprint square footage allowed in the TN-C district for Beacon at Southridge by Eastern Washington/Idaho Synod of the ELCA -south side of Overland Road, approximately 800 feet west of Linder Road: E. Findings of Fact and Conclusions of Law for Approval: MCU 08-002 Request for Conditional Use Permit approval to Modify the previously approved site and building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. Fa' A ' ~ ~:_• -< irview venue. ~` ~. '?- r . ~4.~~ ~, x :~ Rohm: The next item on the agenda is the Consent Agenda and there are five items on ~k., this. Item A being the minutes of -- approve the minutes of the October 16th 2008 -~ ~ ~ ' ~_ ~ , , Planning and Zoning Commission meeting. B, Findings of Fact and Conclusions of Law f R,~- . or approval of CUP 08-026. Item C is Findings of Fact and Conclusions of Law for k . ~ ~ i approval of CUP 08-025. Item D is Findings of Fact and Conclusions of Law for ,~ ; ~~ approval of CUP 08-027. And the final item number E is Findings of Fact and ,~ a , Conclusions of Law for approval of MCU 08-002. .' .~ ~ ; - ~~ Marshall: Mr. Chair, I move that we approve the Consent Agenda. ~: ~~ ~~ ~ ~ ~ ~~ ' ~ O Brien: Second. ~~ ,'~ Rohm: It's been moved and seconded to approve the Consent Agenda. All those in „ ,~ favor say aye. Opposed same sign? That motion carries. ~ ~ 3 _, ~~ ~;,~ MOTION CARRIED: ALL AYES. =s, ~~ ~~ '~~~~ Item 4: Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to >. `` ~ ~~ C-G zone for Lanark Property by Patrick McKeegan - 3131 & 3163 'E. Lanark: ~~~ 4, . ;r ~ i h'a ~"Mi ,~. n~~:~y .~ Y - -~t J C i~ q. ~ .rf "G^i-Prii'k. Y ~ M vT4 ~a~ -" ~ - .. ~y h ,~y~q g,~ {~, - iT -a~~ `,r t ~; Et} ~~~~ ~~~-i'~` a 'ai'~`~.W~"ti~?~~. 7'~ ~-, ~;'~, .q: ... ~''' ~-. ,~raY,.!~F. ~ ~ r ..w ~ ~ ~~ ~ f y~Gr~; ~,~`y~tdr' t~ 1".~~i'~ ~~~ ~'~a'~'t rt s.ePr~ ~ ~-~+~,f ~':~''~' Y'; E. 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"~' _ D~~r,s .r r.~,+ r •. ~,t~ `f+~:A[~~, ~•3~`,~f~,t~~y~~yy'~,,~..~~,~L~' .~ r r ,.~,~r[~ r ;::r ~L'(k r tr.~«~r..~. <,x,:, . .,r' ASR. _ -, ~~ r, .. k' 7 i~t'L'A` ~'~+. ~ a ~ ~°+ i _ a. y .~ s ~. }~ ~2 t ` <7 r s . ~{k7Sr ~ '~` s"S,'~~a •wr'~~'r ~ ' ~n~` , t ~ ti. , Z re '. (. 4.i - ~~~.~~' .off ~ 3 , 'I~? 4°`~ ~ Fa. ~. r$?' '~ .~ t, y k ~rk5j:~~fF.~~w~.hr"5%~~3y. ~ 'h']!~~s~ti r~~gU+°•k', gr~'r~k~l ";g<y ~'" . . . - r.~~ , ,. .. :. ,. _ ..:. y to f ~~ ~K ti t F ~ ~&~~ q _ t ~ 4 ~ 7 ..] } t , - s. , by ~I ~, 0 ' i.~ a ~~~'+ ~u~.r ~ ,-Ar i 'T,{'"~~+,~t~~~ ~'~" Y~' .~ ~'~v~ { ~ ~ ~ : ,.~; _ - •:~! , , f ... ~ ~ ~~~ ~F . ~. ..'4Si .~.a%2. 2< ~i~'~t`~!iL;:.~ftN&'~k.: `.: t~s~~ '~C~.r.~.~.. ~ ~1 4 ~4~ :..~ .. _ ~e:~ = : .. ~:% ~_ ::f~ ', ` ~.: R< ~. ~~ ~' '~ ~w ,~ ;:, ~~aF ~'~~.: :i' ";~ti ~~: ~: ~„ .- ~.. Meridian Planning & Zoning November 6, 2008 Page 3 of 12 Rohm: All right. Generally speaking we try to talk about the procedure for opening and hearing hearings, but tonight seeing how we just have the one, I think we will just go straight to the public hearing and so at this time I'd like to open RZ 08-006 and begin with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Before you tonight is a rezone application of 2.2 acres from an I-L zoning district to C-G zoning district. To the north of this site -- sorry I don't have my magical pointer anymore. To the north of this site is vacant land zoned C-G. To the south is vacant land zoned I-L. To the east is Eagle Road and retail R.C. Willey store, zoned C-G. And to the west of this site is industrial uses, zoned I-L. As you can see, the history on this project -- if you recall back in December '07 this same site came before you with a rezone and a CUP for a drinking establishment and you forwarded on a recommendation to City Council for approval of that. Going on. Here is the approved site plan -- or one of the site plans for this site. It does have two existing buildings on here. One's amulti-tenant building. Right now there is only one tenant located in this portion of the building right now and it is a mattress store. All the parking lot and landscaping exists on the site and it will have to comply with UD standards with the change of use on the site. There we go. A little slow there. Here are the elevations that currently exist on the site. The buildings on the site are composed of high quality materials, some glazing, stucco, and stone. One thing we -- one thing that didn't happen back in '07 when the property came before you with the rezone and CUP is staff did not require a development agreement with that rezone application, because of the fact that it had a current application -- CUP application tied to that, so we felt that those conditions could be governed through the CUP process. Well, now that this is just coming before you tonight as just a rezone application, we have -- staff has recommended a development agreement be tied to the site when it develops -- with future development on the site. So, here is the list of DA provisions that are attached in the staff report. In the staff report they are labeled A through H, I believe, and here on the slide they are bulleted. So, the applicant is here in the audience tonight and he will be addressing some of the DA provisions and I have kind of referenced those, so you will know which ones he will be wanting to talk about and have some open discussions about tonight with you. So, the first DA provision we have is drinking establishment uses shall be prohibited. The trash enclosure that currently exists on the site is substandard according to our code, today's standards, so we put in a DA provision there requiring them to bring that up to our standards, have similar building materials and get rid of the chain -- chain link fencing and slats. Currently we have also required -- I have looked at the aerial on this site. There appears to be a five foot sidewalk along Lanark Street. The applicant says there is a sidewalk in place. I am covering for Sonya tonight. I got my information from the aerial. So, I'll let the applicant explain his -- where those -- where that sidewalk is located for you. If you recall back in 2007 there was some discussion about constructing a ten foot multi-use pathway along Eagle Road. The UDC does require that and so as part of this application, again, we have also asked the applicant to install that. And also coordinate and with the Eagle Road corridor study to make sure that things are installed with that approved plan as well. Again, the landscaping on the site is substandard according to today's UDC `~,~ ~:x~ x ,~~ ~: ~ ~= } Meridian Planning & Zoning ~' ` November 6, 2008 >•,•' ~ ~ Page 4 of 12 ~° 4 standards, so the applicant, upon a change of use or development on the site, or new ' ,* ' - ~ }''~ tenant will have to bring the site into conformance with the current standards and the ~ ~ r ~ fire department had some issues with a turnaround on the site. The applicant is in ~Ik s:,' T,- ~ agreement with that. They said that they could lose a few stalls and give a -- somewhat of a hammerhead so th ..,- ; e fire de art p ment can go into the site, do a nine point turn, back in turn out a thr ee point turn, and, then, get out of the subdivision. So, they have ~~ ; a ~ i worked with the fire department and believe they can meet those requirements. ,, ~ : ; Because the site is adjacent to an.entryway corridor, any change of use or any CZC on h that site will be subject to design review and they should submit that concurrent with ~' 1~ . „~ ~ CZC application and, a ain a CZC a licaf ~~,, 9 pp ion shall be submitted for any change of use ~~ ~ ~. ~: on the site in the future. Again, staff is recommending the rezone application. The ~, • y ~~" ~ applicant had provided comments on the staff report and, again, he wants to address , } . ; - conditions C, D, E and G with you and with that staff will stand for any questions - - Commission may have. ~s ~ Rohm: Any questions of staff? ~e°±yrr. „ Marshall: I have none. f , ~t .3x~ O'Brien: None. - ~~_ • Rohm: Would the applicant like to come forward, please. And, please, state your name and address for the record. ~` ° ,~ n ~ McKeegan: My name is Patrick McKeegan. I am the architect representing Mr. '~~~ Sigmond in this matter. My address is 280 North Latah Street, Suite 100, Boise, r Idaho. =, _ ~~ ~ ~ 83706. Appreciate the opportunity to speak to you tonight. As staff indicated, we were w= ~ ,3 ~~ ,- here approximately a year ago with a very similar application, but we had a pretty i r .. ~• controversial conditional use application with it and although the Commission graciously ~, ~ • approved that, when we got to the Council level we just could not overcome some of the ~; ,~~ -. problems they had with it and it was denied. We are fine with that. We have moved on. -.~ One of the reasons we came back with a development agreement was to make sure •, - .~: _%wz that that was very clear that that was not our intent. In fact, the development agreement ,~ ~ -r ~~ will prohibit any drinking establishment type of -- type uses. Very briefly -- and I hope :~;. ~ ~. don't mess this up -- the reason that we feel that this is a good project for this area or ~;~ - ' ~ : the rezone is appropriate is because the property to the north -- no, that didn't work. So, ~ ' we will just -- the property to the north is zoned C-G. The ro e p p rty across the street is ~~.;:, '~ ~ ~ zoned C-G. And the property two lots to the south of us is zoned C-G. So, this is, ~; } ;~ basically -- this property and the property directly to the south are two that are left that j ~ were not -- not zoned in the C-G zone. We think that -- or we believe that because of „r~ ~~ the small size of the site, because it's already fully developed, that it is a good P, ~ ~`~,~-. ,, transitional use 'to the industrial uses behind us and we feel that it's appropriate that it •, ~~~ .. falls in with the intent for the Eagle corridor to be an attractive entrance to the city and - '~ " ~ ` be attractive for the residents and to work as a -- as a buffer. Mr. Sigmond and I have worked very hard over the last three or four years to remodel the existing building. ' ~ = don't know if you remember what was there. Hopefully we have eradicated that from w- .~v ~F~r~~F , 4 ~. ~~„ ~~ ,: ~~F . ~u~ ~~ F 4 ~ ~ ., '., k ., i ~ y },. rt F\ .ice W f & ~ .. 3 „ v +r rt 4 i s j~- ; 1 ~„ ~ j ~ ~ ~;, ~ ~^-* ~! ~~ s ~~r~,,,,~~;; v a~ a~r,y$ x~r$, f~7rk h``r ,, { ~~ :f; ~'~; ~ Y ' ~yr~ - , '~J~ " i~h r f _ {•cY t !~` ly, tT 3~ ~~.~nT~ ~~ r ~ ~ ~ ~ : ~-~; - -~ } 4. ~ ,..+ icy: *.. F " ~~ *!~ ~ t,, ~ } Y +2 ice- - . •~~c,~. ~.~ t € ;S1r?~r,~ ~ 4., _ ~ - ., ter, 1., _ ,~i -~ ~~r~s ft~,w ~ ;:~ ~~y'4?`;G~ r~'g L~'_' l c~"` ~ rd";"~~+~+L~ ~~~j~~iN~ ~ 'I~ :;. ~~~ ~s ~ ti +~i~. ~ f~'~.tq~3'~r~> ~~~y~q~'R~~n,,~r`~r~i t°>t•, l,.#'.'s } +~;;'~ y~«., ~ v~~v ,~~t.~ :~}o- j ~~~~Y~s^3'-.~~,ir~ Y.#r~'p=7~3`1'~'~s'~n~-'~,'-j ' i4.i~~,~'~d 5E',: 4r ?Y ear. r _ t, f '. ,. ~ ~~ • ~ i _ - • _ ~ .~ + ail ~k " ` ' t~ +'. ~M7.~~~* .r+~.R;~." ~ rj ~~: dry°Frvi,p ~+~ f",(t 5.. rP°°'~'.ir.~ ~,~ 1' 8~,q'7P "~~:, t - ~... '•r 2~~; ,~ -r` r~7 _ 1 ,;~~.: ,. r ;, ~ , . r+~ -. ,_:. ;a „ r t, :j ~rT~rrlg ,~ '~<' - r .7 " ~c ~~C a A _. ~~. tv., -~ ~~~ ~ ,~~ ~' ~1' t. Yti~ R ~•~, d . ~ _: . r 1 ~, w ,,y~~,,,,, ,.. .. ~~r ~4 b eat gSFnt-~~y}~'tM.,~ ~ y 2 7 Y`t,'~fi , N "}.yit 3 +r'` i! `F',C~l,_+~f~~~ • ~- ~'it~ t7 ~ ° ~ d ~ A`~uy& y~~.. ~' - '{~R, ~`~'K'*~ti~~ ~. c"~r rr {'c ~ ~.c~,. »~S i~~rtT i-,r +'r'~ ~.~i~ i~~~i~~l~~ r~,..l s3~~~~~~~.+5~~,.F~-y' ia.~,~,, r~~{~: r, J, t~ - - "rv r+ ~~~sd!' ?L;<~ '-~ t 1};~:~,~y~f:#~"7' ~}`~i~a''1~'"~4,dn rY {i''~~~"t 'i surg `~ `a'y ~.I~~ ~ ~ ~~;6 ~ ~s s ~Sra `r F~~`s ~~'h8; ' ~ d ~#~'*q°'~ .~'kc`a'I~ .~"`p~'k'~t'~ ,' i it n A '.w. '~Y y ~ ~ , - , ~. !~ , fi4; ~~, ; ~M1; nr~- .. ,.f ,~ ~.. ~. ~.: {. , :., a''' <; ~:`' ~~ t~ ~~ :.: ': .~ '~ ~'~ ~; 4:;:.: , ;:u- ~`` - ~.: ... Meridian Planning 8 Zoning November 6, 2008 Page 5 of 12 your memories of what's there. But- it was a pretty rough piece of property and we tried to make it a new building that everybody would be proud of. And, quite frankly, even in the market that we have Mr. Sigmond does get interest in people wanting to rent the property, but they are primarily for uses that are not allowed in the industrial zone, which are similar to what you see up and down the Eagle comdor. The only activity he's really had on the site is a U-Haul trailer guy came on a month to month and was there for three or four months and, then, just couldn't -- couldn't make it, so he moved on -- on elsewhere. The mattress company seems to be doing well. And the blind guy that's there is doing well.. But we really want to get it going, so that we don't have to be telling people, well, yeah, we think -- we'd really like to have you as a tenant, but the problem is we got to go through a four month conditional use process and they go, well, we'll just walk down the street to one of the other 200,000 square feet of stuff that's available and move in tomorrow. So, I think in a way it -- we are just trying to bring parity between this piece of property and what the competition really is on Eagle Road. With that said the project does -- met the landscaping requirements at the time we did the redesign. It meets the current parking requirements. There is a sidewalk installed from here down to this point. Then, there was -- this is the driveway. Rohm: Your marker's not -- Canning: It's working. Rohm: Is it working? McKeegan: Yeah. Canning: It's red. Rohm: Oh. Okay. McKeegan: I'm sorry. I thought red was going to be contrasting. Anyway, this is the existing driveway. And, then, there is about a five foot section between the east side of the driveway and our property line that we did not put a sidewalk in, because. we just wanted to wait and see what ITD was going to do and they -- when they redid the intersection. So, that's -- the sidewalk is there, but it -- we do have one little piece that's ~Y missing and at this time we'd just request that that be deferred until this intersection is x2 improved when they redo the whole -- this whole Franklin Road piece. Regarding the ~ti; ~~ ri~ ~ specifics of the -- of the development agreement, item A, the drinking establishment, we v t agree with that. In fact, we suggested that. We have no intention of putting a bar here or anything that's going to impact the neighbors. The trash enclosure -- Mr. Sigmond is ;! ~ aware of the fact that he needs to upgrade that to a masonry unit and we will use a split w- ~` ~ face block to match the existing stucco on the building. The five foot wide sidewalk, - ,~ addressed that, that we are -- it's currently there, except for one little portion. The ten .~ foot multi-use pathway on Eagle Road. This has been kind of a challenge, because cannot find in any public record at ITD, ACHD, Meridian City website -- I spent two ~~ '~ ~ hours a day doing web searches on Eagle Road corridor study. I cannot find that s?; - ~,, t:: rr lN~ f h]A ' ,rI it ~_~~. _ ~'1r 2 n F I ~F ~~k -% 1 ~ ~ ~~ R .~ - ,~.5 i... 4'.a. .. •~~ ~ ~ ' ~ ~ t 5 #" ~ eh ::: ti ~ t. F ~ ~ , ~ s ~ .~ t ~ a ~ ~^ ~ .~Y i!?~ ~ ~~ 3~k~' ~~' K~~i1kv. ~ .C ,,,~~; sa '~ it ~ ~ '~ o .~ys.4 . ~y L clip} 4~Y: 9 ~. ~ t. #'q~. ~L ~' ~ f t ~ F 1) _1. 7 ~ t `SJt T S~ 5i k `*` tj'~3 ~i 1 ~ 4 ~ ~ ..;t k ~ irCki`, i f.°15ti"7 "~. ~~ a ~ J _4 t - ;.r„_.~ ~- _ 3-. y rF ~~~,_~ s r h ,~'ri .' Via, ~~? ~ ~ ~ , 4: yJtl~ '~i ~~ a A~. ~. ~ ~;. r s j~ . ~ ~ ` 1'; .t~Sk~a Cs~4r~ ~ r.~~ ~ ~ _ ..4~.-. 1 ~~ x~A DIY ~ 1 a.; ~r F r , .- ~ 1 ~ I ,~ Y;1:?R ~'" sS~IF j ~~rA 5 r J -: G~ , ~ ~ ~ ~~ , ~~~ 1 Ty ~~ ' { r 5 y ~ , ..y~.ry -.~d ~ ar _ ,~ ;; { ~~~~; ~:~`s, Meridian Planning & Zoning November 6, 2008 ~~'~-`~ Page 6 of 12 ~"' '. r~ document. All I have in my office in my files is a former staff member found one piece of paper, which is labeled roadway features, which indicates on Eagle Road a 42 foot `t wide landscape buffer and a ten foot piece of what appears to be pavement with a bicycle and a path standing on it. There is no mention of lights. It doesn't say if it meanders. It doesn't say what it's made of or anything like that. So, I -- and I'm just ' ~~~ giving this for information, because if I can't find it, then, that means other people who ,- are going to be under these requirements can't find it either and the only document that ~~ ' ~ I could find is -- ITD does have what is labeled an Eagle Road corridor document -- } improvement project, which goes all the way from the freeway to -- I think it goes all the way to Eagle. The piece I was, obviously, interested in was this and what that document showed -- and I'm going to -- we will try a -- we will try green What th t . a document shows is coming up to -- from the north, coming up to the -- coming up to the ,r intersection of Lanark, it shows two parallel lines identified as sidewalk, which appear to ,t ~° ~^ ~: be about ten feet apart, which would indicate that maybe that's where the bamer is . Once you cross the street they show a single line going up next to the new -- the future ~~4~y turn lane, which is indicated to be sidewalk, curb -- new sidewalk, curb, and gutter. And ' so that s what is shown there. I think that indicates -- or intended not to have anything -~ up on top, because, quite frankly, if you have been there, there is not a lot of room. ~.` y, They are probably going to have to put a retaining wall anyway to do what they want to do for the future improvements. What -- in the past when we have talked to the -- of the staff, they have said that we can come in and they want us 40 feet from the street ~} ~ anyway, so that we can come in and somewhere on our properly in this area we can come in and provide that ten foot pathway. My concern is if we build that today, we may r,....~ not be in congruence with what is going to happen to the south or what Eagle -- the highway district wants and I am real reluctant to recommend to my clients to build things and, then, just have them tom up in five or ten years. We are not unwilling to do it. I'd rather just wait until we have agreater -- the city, ITD, and everybody has a better idea of what -- of what is going to go in there. And so I'd like to -- if in a development we can ~{ work with staff with some kind of wording or some kind of a timeline or something that '~ said once the rest of the world knows what they are doing, then, we will come in and ~ ' ~ participate by putting it in on ours. ~ ~_ ~ ; Rohm: Don't you think that retaining wall that you're already kind of of the opinion ' you re going to have to place will be to the east of where this ten foot path may occur? McKeegan: I believe so. . Rohm: Well, then, I don't think there -- there would be an occasion that you would have w_ ~r to relocate the retaining wall down the road, do you think? McKeegan: No, I'm not worried about the -- about the retaining wall. What I'm -- what ' I m worried about right now is that -- if we put ours -- a portion of where we are going to have to put ours is actually on a portion of a slope also. So, we are going to have to $ ~ come in, do some cut and fill work and -- and, actually, some of that may be in ITD's s ~ right of way and they may not allow us to come in and do that. I don't -- I don't know ' ~: . I m just -- all I'm asking for is -- in the document is just some -- some -- the condition to ~ ~~: ~r~~ ~, . ~;.. rr;` ;~' :~~~ ___. '' . "~'a Viz:. _ ;;: ~ ~ ~~ #~ ~~_ ,` ., ~~ =' ~~- ~;-_ ~~` ~; ~_ 4 ~rY , Meridian Planning & Zoning November 6, 2008 Page 7 of 12 state that we will work with ITD and we will work with staff to come up with a solution that makes -- makes sense for everybody. We are not saying we don't want to do it, but I just -- I'm trying to just -- because I can't find the -- the other thing that troubles me about this is there is talk of lighting, which I can't find the document, so I don't know what lighting I'm committing my client to. I don't know if I'm -- we are talking about, you know, decorative street lights at ten feet on center, if we are talking about, you know, general lighting that the transportation department's going to put in. It's just -- Rohm: Excuse me. May I ask staff about that? McKeegan: Yes, sir. Rohm: Is there published ITD specs on both the lighting and -- well, let's start with lighting. Do they have that for that section of the highway? Canning: Commissioner Rohm, I can answer both questions. Actually, if we could start with the larger one. The study that Mr. McKeegan mentioned, the corridor plan with the street section that goes the length of Eagle, is the correct document. We have had other developers base their construction drawings -- Portico is the most recent example -- has based their improvements on that -- those plans and there is a modification kind of in play because of the Center Cal, but they had been able to establish a right of way line and establish where the pathway needs to go. This is not -- a lot of times we have some flexibility with the pathway standards, because they come from the landscape section of the code, but this particular pathway it comes from the highway code and so there is not the flexibility that there is with altemative compliance and things like that. There is a requirement for a ten foot multi-use separated pathway. Any deviation from that needs to be through a variance procedure, not through an altemative compliance. That's really not an option that's in play. So, given that, the next question is the lighting and we have worked with ITD and the developers to establish a lighting fixture. It's similar to the one in Old Town and Bill is going to drag it over for you. You have to minimize it first. There you go. This is the fixture. It's the one with the star there and if you can scroll down for them, Bill. Rohm: Well, I think the point is is there is documentation available for the applicant to be able to determine exactly what his requirements are to meet the terms of the development agreement. Canning: Yes. And Sonya was out of the office today. We could have gotten these to Mr. McKeegan. It's -- we didn't know you were looking for them until earlier today, so -- Rohm: And that's fine. That's the direction we need to go is -- McKeegan: As long as I know what I'm agreeing to I have no problem with that. t ::,. Canning: Yes. ~~ ~~~ ~~ ~r'„ ~ ¢ ~- ~ ~ • ~., r.~ . -~ +~ -. r ~ ~ ' ~r ~ »~ i ~ `f a,~.'ia,~ a~.v:~ ~.i ~ ~ e e , 3'~ ~ ~ •-r'~r~°~ya ~ ~_v ~~'•. ~ . • } ~~ a~ ~~ ~,! +~{%' F; •- a" t4' 1 r4y1~~3~3`+;7~'t;~~.~tl "n~"'_ ~~z'nd+&~yg~,: "~'~~~'~,~~s'~y`~k"~''~~i+ K; ~y ..~. °" a n L 1,` i ~S S: , u ~v't _ t ~ •.•~~s.~.c{ ~ s is v' •~ ~ k~~y ~~~ "+a~*,' C :>: ~~ ~ I ts,.r4 ~.4 . 1 . ~.3;°» '. ~'paq,~^'~~~.~a +, + .r<., r t",:~~ ~€ ~~',~r7"3 c . '1 ~F~ y + Rt. ,i S ~',±~ it'*Y i~-"`r, ~ s+ n d,~}~~r~ Y,~ ~ ~ 1 _ ~~ ,,~ a, [ ~ ~ ~,,3~~~~ ~~~f'SrN'l"a+7i t~,. ~~SfN ~ ^~i++i;t nz _t, - .x laa ' ~ ~ 4 ,1 ~ .r~k.. ~ ~ ~ ~, -, -Sdc'~ 77r,: . i~ ~rtt~~+' ri ~~~ ~y ~' : o :~` k,'1Y,~ ~~~ Tne _ ~ft { w`` ' 4:•a' ,t~ 4..+o F tt - ' Y 4 t f;ivQ~ ~~w f~`:~r'':~h ~ ~ ~~'~~• ~ ~ :_~~y't ~r"'f~~;~~'~F~ ~~~ ! „i0.; ai, f , ~+~.t i • t i { / } #, ~ _ jty f o .Y.~4 ti J t~ ,iL~ 7„~ S H.nd } '~ ~4! f b R f ly ~}~,s -' S_S Y,. ' 7` `,t ski -^p~ ~ ,~ F~ ? ' `, s , ;` ~-c~~~`~t ~^3 `~I•`a,~~~sr~,~ ~ ~-~`*,~~~s~srs~~`~ y ,~u~ r t d.a t ~'RM~,• x~~ ~. ~ ~ a irk ' t J •'•~ t t :. ~ I,~`~ si i.~]'~'[.* .. ~~A ~ ~ ~` .c."~'t" q ~ r'_.P yv-r .+ i- y'~~, ~y , p ~ ri ~ffi, } "`rx~~ ~ ~" . +"F1`t , _ ~ ti w• r to . t+, - tT i Pi r ;St~,~q~~W--2 ~'i~S~'S'T~ E~r'8'~^`T.,r' i ~kwJ Y~' .~~.. ~~'~ ia£$c ~ < ~•~ - ,~ 1 s., 3 r ~3~k{4Atih t 5 t. 1 ~` ~ ~',X,a ~` *~~ ~ ~~ Lf'~+'•w~k ~ c5. Ll'~ ~ S ]~S F C ~, ~ ~~~ ~ yy < 'J ~, S _Y ~ .. ~., ,, ~.. ~.l ~y~ ~'....i ~:~~~ t'S"r"R *~.~'t4~',~ 'r. Y~~y^4SS.~;~;R~~R. ~. k ff`i+v ~* ''•t Y 1 ~~z V ? 1 ~~_ '^~'i ~; ;.,iw ~zg+i ~n a~. i ~~~~ tr~.?~,+~2'Y~~T~~ L~ ~~+,~'~7~. ~k~~,~{S t ar~.i ra~~ _„~. ~t .~ . - ~. Meridian Planning & Zoning November 6, 2008 Page 8 of 12 ~` Rohm: That's kind of why --that's why I was directing them this way -- ~. `~'"'y~ McKeegan: Okay. _;~;: x,:~'~'. ; -° : Rohm: -- so you will see the lighting and -- * ~~ w ~" Canning: Right. It is a -- it is a decorative light post and it's 200 -- at 250 -- scroll down. Two hundred and fifty watt at 100 foot on center. t= ~~~` " ~~ y. McKeegan: Oh. Okay. That's reasonable. Okay. Thank you. And Iwill -- if you can get me those documents, I'd appreciate it, because I -- ~. j Canning: We only have them -- I'm sorry, Commissioner Rohm. We only have the one ~~.,;~ of the quarter plan and it sounds like you have the same document; is that correct? Or "~: we can get you the sheets you need on that one. W ~ ~ 4 a; McKee an: I have ~ust one 9 J piece -- just one literally, Anna -- or, Mrs. Canning, one x.~- _~ {::,.- sheet. . Canning: Okay. And that's probably all you need, but -- ~a ;~ ' ~, McKeegan: I'll come down and we can get a copy of it from your office :~~: ;fr: ,:. . anning: Okay. F :;~~° ry, ~ ,_~ McKeegan: Okay. Thank you. That clarifies that. So, now that I know I only have to k.. ~ put lights at a hundred feet on center, I can deal with that. And I think we can deal with ' ~ the ten foot -- the ten foot lane without any problem. So, the next item is the establishment of -- the applicant shall comply with all current UDC standards. In the -- ~; '.:~" in the narrative of the staff report the applicant -- there is some discussion about how ~~~~ we achieve the plan that we have and how we got there trading off landscaping and a 35 foot setback for landscaping at the building and all of that. I just wanted to request ,.~;~ that -- that that -- that discussion in the base -- in the -- in the staff report be included as part of the motion or as part of the development agreement, so that it's acknowledged i ° that these previous discussions we have had our -- stay in place and everybody agrees ~; that that's what we are going to do, so that we don't have to revisit the ITD right of way ~; ~ slope thing that we have been talking about for the last two years and have finally came to an agreement on that, I believe. Are you drawing a blank or do you want me to elaborate? ~~~ i ~`;~:~ Rohm: Well, I think if I understand what you're saying is you want the staff report to f. ; ~ i reflect that ou have alr y eady met certain standards from r evious a licati p pp ons and I a %i think that Sonya's staff report really doesn't expect you to make landscape changes, ~. ;f; ~ just that you have to be in compliance with the UDC as it is currently written. I -- Bill, =\'~r=''~, could you speak to that? r.~ . .. ,. . ,' :Y ~F... .., .. ~r . 1 a'~. ,. ~4 :.,may. K w.Zrw~ w,f Y 1~~ r h `. ~.. hr. 5 - ~ ~ a3 ~m .. ! Y i°r~;'. 'x`V,': ~k~V~F"~'VS t~. ~. d +'~ ~.~ S i `~ A "' c :" "~^' ~' £ i~ t ~ , L . ~. 3 1 ~ , ; ~ _ S. y~ fs r~~ q,2,,. ~r :. } - ^~~ i i ,•.. .. ~'E r •.: . J~ yy'~'' ".`t ' S ~ • Y w e . + J 1,~• Y • '~ d n >}R . M ~ ~v k ~ ',v. { r.Y:. T.. +Qx'. - .... .( l'• x•:4 ~Y 5 :: ' ' .. , .: i i ~. . . d r q: y},vy>ec^~° n .t~ wYt4W N..5. g r; , .. . s ~ r ~ `{• a n.a. '... r:.. '. .. ~~ w 4'>i6T'i. . fir. ... Y [e~+av 7 i - , ` ' ~ ~ ~ "~ .. .~ , , ( p .~ KS Ny F ?~~ ~ ~ ~~ r . F k 3 ;..+ ~ -"? r ; a. ,, ~ ~{, .~.ta^ . . ia ~a. ;x •, ,~~.T;:. , ~% , , k .. . ~ ~.a. a •.~'~ : Jn' t w ~v;• •l~``+ ~ ~~ : ~ i`~~;. • iS n ~ y ~ ~ ~ !` ' ~ ~ . . Y , •r 1 . .' : Q ~ to .~ $ !~r ~ , : . 5 : ~i {= ' a`r..,,,.. a~,,. Jra~xr L: I ~I`i .s f r a , r • rn. ~ ...: •P ~%.ik,. _ •yk~~t C , .'k, ~,~ ~ ,~, , ., : v J : ` ~-• .g;', ~1, Ea < iY . - p ... h r P A~ l!n.. ~~nap` a 6 1 :.:.~y~ : u ll:i. i' r"M: ... "t~. ~fi'9...F C °e~, '1 ' .~R . ,, . n . .. (+ ., T k .. '^'Y '/. .,w , . F - 3., y~F. ' `, i i ~ 's r Y '.C:,.. ~, ,; , s . ~ ' ~ ` ~+j• }~ Yr:. ~ ~'•. : 4 ~,`•, t. i y I `74 :2: r`2'~,.~"~e~~ .+ .gyp.. gg ~ (' d __ _ .h ~ • • ~ S `• ~ ~ _~N; .. ~ . , ... ty.: j .F`r [ ~ > ~~ g LY .it •( ~~ wh \~: titi: }k• '~ .`a ~`;.• ti <Y , r q R :, ~ ., . . ~ ` x , . ~ ;~ ~:3 ~ ; :: ~ ` .+ ~` ' ~ Yx rv ~'. 1.ai . ~.:. ~ ' r Y ' - 4 ~ [~,. ~ yam ~ 5'-!g` ' 9 •' ' •y}~ '4i r~.rs ~ ;• ;'r,; ls':., ±.~ +~ T 7 ` ^, ~ ~ ~ ~ ~ 4 S i A 7 ' J ~~ ~ r', . >b fi i : M,.t m ~ • '{o . ~ f~ , .~ n Rr, ;i^, 1 y'ddKa F ~ ~`~Xi, x'.iS~%'~. ''e,^, ~ 8 y : ~, y ' .: . Y JJ .. .. .. , r . ,. • Y.,• ~.~ - .. i i rl } S • .. -~w~. r ~..;' r~r 1 " • ~ ,•e: ! ~ 'y . ~ •.' :n k .fX` ~ • ' ;•~ am ~ •i` . ,, f ..~ a.. ~ ' Y % -,. ~ ;~'? Meridian Planning & Zoning November 6, 2008 Page9of12 '~;i .. ' `: C McKeegan: Well, if -- ` ~` Parsons: Commissioner Rohm, Commissioners, the way I read Sonya's staff report, it sounds like he has to add additional plantings and remove the gravel from those planter ~} s "', ; ~ ' "~ islands as it is today and bring it into compliance. .,,- .s ~ :,- McKeegan: That's fine. ~~ ~' Parsons: Through a CZC process. So, that's what she means when she brings it into -- ~, the site into conformance with the UDC, it's really the landscaping requirement. Like L ~ Mr. McKeegan has said, the parking meets the standards -- I'm sure meets the ,~~ dimensional standards, it's just that he had gravel with trees and shrubs and gravel is ~~~::., just not an appropriate landscape material. If you're going to have -- our code reads if ~x '~ ~ you're going to have hardscape or perma bark, you have to have plantings touching at 70 percent of maturity, which currently it doesn't exist on that site. So, that's -- } ;.~ therefore, Sonya had conditioned or had put a DA provision in there that the applicant h<=,^,~ bring that site into the UDC -- into compliance with the UDC. f;,~ McKeegan: And then -- I'm fine with that part of it. What concerns me is what's on my JT "~ screen and I don't know if -- yeah. The first paragraph -- you're typically a 35 foot landscape and there is some discussion and, then, it says: For this reason staff is not ~~`. requiring the applicant to install landscaping within the buffer adjacent to Eagle Road. And I just want to make sure that that is reflected in that the -- the development ,,;;T~ agreement requirement that we be with -- comply with all current UDC standards, which ~;. would require the 35 foot landscaping, doesn't override what we have in the staff report. ~<_~ I just -- I just want to make sure I'm on the record and everybody is clear that we are -- f,~, we are going to take the gravel out and put -- put ground cover in. That's reasonable. ~;, We are going to change the width of the one stall that was -- or the one planter area that ~~{~: was too narrow -- to a wider planter area. We have no problem with that. I just don't want to have to go back and revisit the -- the 35 foot ITD thing that we had worked so hard on that. Rohm: Bill, could you address that? °.. Parsons: Yeah. Commissioner Rohm, Commissioners, we can certainly add that :~~ language to the DA. Yeah. We can just add that, that he's not ex ected to u t the 35 ,r4,~;:`' foot landscape buffer along Eagle Road. p p ~; ~ McKeegan: Okay. .{~ ~: Rohm: All right. We are doing pretty good here I think. McKeegan: That's fine. I'm not asking for the world. ~" `~ Rohm: No. No. That's -- ,~~ ,a .. . { S ~A~ S. ~. I. 41~~'_ .'_{. i ~1 f. ~.~ - ~ _', fY. ~~ ~~ Meridian Planning & Zoning R ~~~ November 6, 2008 Page 10 of 12 ~~ r ~ McKeegan: Okay. On the next item, the fire department -- I don't recall that coming up ; `,¢ `'' before, but, apparently, they have looked at the plan and decided that we aren't in compliance and that's very easy to fix. We can -- we are way over-parked We have 66 ~- ` ; ~ . spaces, we are only required to have something like 18. So, I can remove two or three µ~ { ~ ~~~ spaces and put in the standard three tum -- three point hammerhead tum at the end of it ; ~~;~~ ~. and they will be -- and I can satisfy that. That's not a -- that's very easy. It's just repainting, basically, so -- and marking so that it's marked as a f ' " ire zone. Design review application, I have no problem with that. If we are making any changes to the site or the ~ ~,., <~~'' exterior of the building -- most of the things we anticipate we will just be doing interior remodeling, which will not affect the exterior, except for possibly signage, which is a separate application and approval rocess S ~, , i p anyway. o, there is not a problem. And we do agree that the certificate of zoning compliance -- that we will provide that at the time <T F that we -- we get a user and want to proceed with putting them in the building. ~ Rohm: Okay. 55K l [~S ~~; Mli. McKeegan: And I will encourage -- actually, I will encourage my client to start working b~ =. t ~ ,, on these things ahead of time, so we don't end up with timing issues in the future. Other than that, I will stand for an y questions and with th ~ ;, e request that you approve the application as we have discussed ~~ ~ . ' ~'' ~U Rohm: Thank ou. An Y y questions of the applicant? O'Brien: Well, I think it's pretty well covered, so I don't have any questions. Marshall: My comments are. simply that it appears you're in agreement to everything within the development agreement. ~~ ~' i ~. :.. McKeegan: That is correct. ~' ~s- .:`~ ~ Marshall: But with just some clarification. ~~'~ `'~~ c,~, McKeegan: With the clarification that we have discussed. .'~ t Marshall: Thank you. u McKeegan: Okay. Thank you very much. '~~ Rohm: At this time it's time in the hearing that we take testimony from the audience, but ~~ , , there is -- there is nobody here to testify, so I think maybe we could just move forward and close the public hearing. Marshall: Mr. Chair, I move that we close the public hearing on RZ 08-007 ,.,. O'Brien: Second. Meridian Planning & Zoning November 6, 2008 Page 11 of 12 Rohm: 006? Marshall: 006. Sorry. Wrong one. Rohm: It's been moved and seconded to close the public hearing on RZ 08-006. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Rohm: Any final comments before we move towards a motion? O'Brien: No, I don't have anything specific that I -- I remember last year's discussion on the status of what was going in there, so -- Nary: Tom -- Commissioner O'Brien, I think you need to be on the mike. O'Brien: I remember the discussion we had last time in December I think when we went over this Rockin' Saloon I think was going to go in there. So, yeah, there was enough issues there I think that -- which brought about some of the changes. I think this is a good -- a good thing to happen to rezone this thing, so it would be a better fit for the kind of establishments we would like to have commercially in that area. It just makes sense. Rohm: Okay. Thank you, Commissioner O'Brien. Commissioner Marshall? Marshall: I think it's a good move and I think it's a good fit. I appreciate staffs work on this and I think with the development agreement this will be a good move. Rohm: I think so, too. I think that it should be zoned the C-G and with the development agreement we are good to go. So, with that could I get a motion? Marshall: Mr. Chair, after considering all staff, applicant, and public testimony, I move to recommend approval of file number RZ 08-006 as presented in the staff report for the hearing date of November 6, 2008, with the following modification, that we are to add that the -- the applicant is not expected put the landscaping inside the 35 foot buffer along Eagle Road in the development agreement. Rohm: Okay O'Brien: Second. Rohm: It's been moved and seconded to recommend approval of RZ 08-006, to include the staff report with the afore-mentioned modifications. All those in favor say aye. Opposed same sign? Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. ~S . 1.`: ~?-~~'.? Meridian Planning & Zoning November 6, 2008 . Page 12 of 12 ~-_ _;,,~~ S ai Item 5: Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8 ya ,: to R-15 zone for Windham Place by Eagle Spring Investments, LLC - s ~` ~. east side of N. Meridian Road, approximately %2 mile of E. Ustick Road: t .; Rohm: Okay. At this time I'd like to open the public hearing RZ 08-007 for the sole ~t,.~~'' ~ purpose of continuing that item to the regularly scheduled meeting of December 6, 2008. a,.~:;. "? O'Brien: So moved. ~.,,. . Marshall: Second. { Rohm: It's been moved and seconded to continue Item RZ 08-007 to the regularly ~t~r, _ scheduled meeting of December 6, 2008. All those in favor say aye. Opposed same . ~~ signs ~;r ~.~~`~:;i MOTION CARRIED: ALL AYES. Marshall: Mr. Chair, I move we adjoum. ;~ i I O'Brien: Second. Rohm: It's been moved and seconded to adjoum. All those in favor say aye. MOTION CARRIED: ALL AYES. Rohm: We are done. MEETING ADJOURNED AT 7:33 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS.) APPROVED _ ~// Wen~ty Newer ZONE ATTEST: JA r' ` ~ ~ ~~ DATE APPROVED ,,,,,,~,,,, . HOLMAN, CITY ~~ c?~ ~.y -. ~~1 T~ '. ~( i~l~eAL ~ ,~~ 2:- November 3, 2008 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of October 16, 2008 Planning 8~ Zoning Commission Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY /) „~ ~` ,gyp /~'1y'J V CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT ~ ~ ~~ / : CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. November 3, 2008 CUP 08-026 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Dave Evans Construction ITEM NO. 3-B REQUEST Findings of Fact 8~ Conclusions of Law for Approval -Conditional Use Permit to operate an animal care facility in an L-O zoning district for Mills Veterinary - NEC of Meridian Road & Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Filndiings CITY ATTORNEY CITY POLICE DEPT: ,n~~ CITY FIRE DEPT: ,~(~~ Y " CITY BUILDING DEPT: + '' 3 CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ?~FSaf ~ ~ ~~ t;,, ~~~~ S ~~f t r yrY ` ~+. ,, ~: ~~ -~: r; d~:~ ~ . ~- ~{ "~~~: 1,,: 'T ~µ ' ~., ~~ a F .~ ~w ' ~ ~, ~~ : .~- ,~' Ft~ E ~`~ ^ r~ if ZA~4 4 ~4 ~' ' C ~ iiY ''=w ~ , yy RC.. ' ~~ i t F~ /~ ' ,, :~ , ~~ ~." . # .~~ 4 ~:~ _ ,~ ems, ,~,- .~~ M ~~ _ ;;, ` E w ` ' . ~. ~~:; - . r; ~ ~ ~ Fi' ~ , ,Y ~ ~ Y T~ '9' ~ >.~ Y t;a . ~~ f.. ~. L ^( ~~ ~ fi%~~ 1~~~ fey, C ,~y~e „~ ~-.;,. ~~ ~ ~ u ~ "'ti`3~~.~~;~ ti. ~'~ ,~ ` _ ~ ' - ~,'~~ 5. lip', r 0 JI ~,; ~. ~".. { ~~ ~. IA A ; _ ~~ ~~ !rtl H ~ ~' {~ srY ~ , __ {ti „, o 9e ~X' Cpt ~`• •~ _ '~ -~1 ~. ~.4 --" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~T ~ u ~~0 ` '~ V r E ~ ~I~~~A-N ~-~ ~~~~~~ In the Matter of Conditional Use Permit to Operate an Animal Care Facility in an L-O Zoning District for Mills Veterinary Clinic, by Dave Evans Construction Case No(s). CUP-08-026 For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on November 6, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviev~able by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-OS-026 Page 1 r ~ '~l .l ~~~n ~~~~ °r" 1' } ~. +is.x 1 +t~' r ~ '~ ~ y ~~ K 1 _ .. c ,'~ 3KZ ~. £`t. t ~;,~y. l 1 ~ h ~ n . '. ~ ~" L T ~+~}fib ~;,r~- F" .f Y '~ a ~r3`Y-3±?f .y4 .i° w , y ~~ r. ,~'.Rx `` ref' n^,, ^I; ~ ., f , r,~ a. ~'.,. , Y. .~.~ s.br~r r_ -- +~. 1 '' t ;r ~'' ~F2 % ~ i :''~t6 °y~; i. ~ YNtc ~ S I ~:'~ ~ Sx .. ,~-r t fem. .y o- ~ > r~ ., ~ ;~y. ~prm "a ~; Y a 1' ~, ` ,1 ~+~ ~ ~ ~~~ a;... - - 'T ~.,~, w~ -::1 .. ... ... - .... .. . ,. z va«. b :~ ,. ,^ t~~k~ ~ ~- ~t yy n k mitts ~d"'~uC~ x" ~ ~~~Mi +~ ~ '. - ~~ ~ ~ ,ti ~x ~ ,, i ~ . r ~ iy S ~ .~ ~ if ~. •f .. ~ e~~~,c~~.),~,~~~~ ~ ' 3rd ;t# ,.~' ~f ~} t4 ~ ~1 hi ~ a..; E ~ . "`'~, i ,, E 3i: ,'-r{ >..,~, ', ':4. <h~~;: ''`t }' ,~}; '~~~a ~~< r, ti ,, R ~:.- r#; ,,. 't na. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of October 16, 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A of the staff report dated October 16, 2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 16, 2008, incorporated 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 (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 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 (18) 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-026 Page 2 ~~~ 15~~ n `~~, SL ~f ~~v.-.... .; =5~; ,; ,Fy z~; 7 ,:~, ~:;: ; ''3~' y SS ~};i )ja _i. y ~~ ` '{t. jr, ~ ~~. 4 : : F ~~. 2' ~. ~:.: Z 7.4;, ~Po~4 ~~~ ge M1~:: .~4~, / 1 .!: }i ~ k~r~ ~~ 5~" x:' 7~e;: 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 filed 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-026 Page 3 Y~ By action of the Planning & Zoning Commission at its regular meeting held on the day of ~~~, 2008. COMMISSIONER DAVID MOE VOTED~~U' Vt (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~~-f'VY COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED CHAIRMAN - ll~'ch~~ l~oh~ Attest: ara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Deparhnent and City Attorney. ~,",,,,, u..~ ~~,,,~ By: Dated: ~~ City Clerk's Office _ ~ ~' ~~ c®1~~ ~ s .,,®®~;. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-026 Page 4 ~; r~~~-, ~~~: F?r~a. fix:... ;t~;., r;; fix. ,.. ~r~ , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Hearing Date: October 16, 2008 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner E IDIAN=--- (208) 884-5533 p ~ q ~ ~ SUBJECT: Mills Veterinary Clinic • CUP-08-026 Conditional Use Permit for the operation of an animal care facility in an L-O zoning district, by Dave Evans Construction 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to operate an animal care facility in an L-O (Limited Office) zoning district. Per UDC 11-2B-2, animal care facilities require CUP approval in the L-O zoning district. It is important to note, Staff has approved a CZC for an 2,491 square foot office shell on the subject site, however, the applicant is proposing an animal care facility use on the site which requires approval of this Conditional Use Permit (CUP-08-026).The site consists of 0.30 acres and is located at 3220 N. Meridian Road, on the northeast corner of Meridian Road and Ustick Road. 2. SUNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-08-026 for the Mills Veterinary Clinic, as presented in the Staff Report for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on October 16 2008 At the public hearing the Commission voted to anurove CUP-08-026. a. Summary of Commission Public Hearin~• i. In favor: Doug Mills, Rob Powell ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presentine application: Bill Parsons vi. Other staff commenting on application• Caleb Hoo -Ted Baird b. Kev Issues of Discussion by Commission• i. The outdoor net area restricted by the UDC ii. UDC text amendment to define and clarify the outdoor net areas/wall~n~ areas associated with animal care facilities in UDC 11-4-3-1 c. Kev Commission Changes to Staff Recommendation• i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 026, as presented in the staff report for the hearing date of October 16, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on November 6, 2008. Mills Vet Clinic CUP-08-026 Page 1 "sd~: re?~j,' {'4. ., a;~~: ~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-026, as presented during the hearing on October 16, 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). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on November 6, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-026 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3220 E. Meridian Road (Parcel # 88222390070) Lot 50, Block 7 of Sundance Subdivision No. 5 Southwest % of Section 31, T4N, R1E b. Owner: Settlers Crossing, LLC/Dave Evans Construction 7761 West Riverside Dr. Suite 100 Boise, ID 83714 c. Applicant /Contact: Scott Grady, Dave Evans Construction 7761 West Riverside Dr. Suite 100 Boise, ID 83714 d. Present Zoning: L-O e. Present Comprehensive Plan Designation: Office f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to operate an animal care facility in an existing L-O zoning district. 1. Date of Site Plan (Exhibit A): August 21, 2008 2. Landscape Plan (Exhibit A): August, 2008 3. Building Elevations (Exhibit A): August 12, 2008 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: September 29, 2008 and October 13, 2008 c. Radius notices mailed to properties within 300 feet on: September 19, 2008 d. Applicant posted notice on site by: October 6, 2008 6. LAND USE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is transitioning into an office area and is provides a buffer for the existing residential subdivisions to the north and east of the subject site. There are various other office uses that exist within the same subdivision on the subject site. c. Adjacent Land Use and Zoning to the subject office park: 1. North: Residential, zoned R-8 2. East: Residential, zoned R-8 3. South: Residential, zoned R6 (Ada County) 4. West: Settler's Park, zoned L-O d. History of Previous Actions: This property was approved for office uses, as a use exception to the residential portion of the development, as part of a PUD for Sundance in 2002. The first subdivision approved on this property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No. 5 (aka Settlers Crossing) is a re-subdivision of the 4 office lots, Lots 21, 22, Z5, and 26 of Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8 (Medium Density Residential) to L-O (Limited Offce); preliminary plat (PP-06-014) of 12 office building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-O1-026 to allow the addition of 8 building lots and change the building pad layouts and parking configuration. An addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) was approved in 2006. A CZC (CZC-08-088) for an office shell has been approved for the subject site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer for this project was installed with Sundance # 5. Location of water: Water for this project was instilled with Sundance # 5. Issues or concerns: None. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: L-O 7. Lot Size: 0.30 acres f. Conditional Use Information: Procurement of a CUP is required for animal care facilities located within the L-O zoning district. 1. Non-residential square footage: 2,491 square feet 2. Proposed maximum building height: Approximately 20 feet (see Exhibit A -Building Elevations) 3. Number of residential units: N/A 4. Proposed Hours of Operation: Monday-Friday 6:00 a.m. to 6:00 p.m.; Saturday 8:00 a.m. to 1:00 p.m. and no overnight boarding of animals Mills Vet Clinic CUP-08-026 Page 3 .~; ,;; '` _~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16 2008 ~`~r~ , ..;,~ ~, " g. Off-Street Parking: ,y . ~~, 1. Parking spaces required: 5 r ; J 2. Parking spaces proposed: 10 on site parking stalls (CCR's grant shared parking and access) 3. Compact spaces proposed: 0 ,r ~~} h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to +~ -; h5= the subject site will be primarily from Meridian Road, north of the site, and Ustick Road, southeast of the site. Neither of these access points are on the subject property. There is an f , ~~ ;.- existing cross-access easement for all of the lots within this development to share drive aisles ~ to/from the public streets. There is also interconnectivity from the existing residential ',` neighborhood to the east of the subject property (Sundance Subdivision No. 3). These access ~_~ '~~ points were reviewed and approved by the City and ACRD with the platting of Sundance ~ Subdivision No. 5. ` ~~`~ ; 4 ~ 7. COMMENTS MEETING ~:, ~ , `r`' : On September 25, 2008, a joint agency and departments meeting was held with service providers in .~ i~~ nom,- this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has ~~: included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS ~~ The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Office'. In _~' Chapter VII of the Comprehensive Plan, `Office' areas are anticipated to provide opportunities for y low-impact business areas. Uses would include offices, technology and resource centers; ancillary ,. , ~, commercial uses ma be considered y (particularly within research and development centers of technological parks). =' ' Staff fords that the request generally conforms to the stated purpose, intent, and standards of the Office land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): :~~`' ;; ~ • "Permit new ...commercial development only where urban services can be reasonably provided ,r- ;~~~ at the time of final approval and development is contiguous to the City." (Chapter IV Goal I r~ , , Objective A, Action item 6) ,. , The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, and all other urban services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) ~,} ` ~ ~' Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining ~s~ landscaping on this site. The street buffer landscaping and parking lot landscaping was installed ~ with previous applications. N_ ~..,;~,~ . _ ~~t,_,_ r== • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, :'"~. --..,, Goal 1, Objective B) "` ~' Staff believes that the proposed use will be a benefit to the surrounding residential communities in the area. aa. E~' ~ ~ Y 5~.. k: l~~T :_ -<<,. Mills Vet Clinic CUP-08-026 Page 4 ~;;-; _ , ±~ ~,~;:, , _ r~5;:; .. ,'Arum, rotk:, =.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Staff believes that the proposed use is consistent with the Comprehensive Plan. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public ~j,;~ hearing when determining if the applicant's request is appropriate for this property. ,, "`" 9. ZONING ORDINANCE F: - a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Animal care facilities are a conditional use in the L-O ''r zoning district with the Specific Use Standards listed in UDC 11-4-3-1 (see Section 10, Analysis, "'' for specific use standards). b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. Dimensional standards for the L-O zoning district, per UDC Table 11-2B-3: Dimensional Standards) C-N C-C C-G L-O M-E H-E k '.,Front setback (in feet) I 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landscape buffer (in feet): Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in f 3 20 25 25 20/1 OZ See note 4 eet) Maximum building height (in feet) 35 50 65 35 65 95 ` Maximum building size without design 7,500 60,000 200,000 10,000 See note 4 standard approval as set forth in section 11- 3A-19 of this title (in square feet) 'Parking requirements ISee chapter 3, article C, "Off Street Parking And Loading Requirements", of this title ,Landscaping requirements See chapter 3, article B, "Landscaping Requirements", of this title ~ .. , ,. Notes: 1. All setbacks shall be measured from the ultimate right of way for the street classification as shown on the adopted transportation plan. 2. Minimum setback only allowed with reuse of existing residential structure. 3. Where the adjacent property is vacant, the director shall determine the adjacent property designation based on the comprehensive plan designation. 4. Subject to design guidelines in ten mile interchange specific area plan. .~a ~: Mills Vet Clinic CUP-08-026 10/SZ r 0 ~ 0 ~~ Page 5 4,} r. =, ur ;~ "'r ,~~ .~ ,:,.,,:, :~,~: _,( ~; ~x '' ~;,Y w`~s[ .~° ~s _;~,; ~:«~' a z 4_ ,~~ 'as` ... -. ~ 5" ~ ~' ,~t~~>' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: The applicant is proposing to construct a 2,491 square foot to operate an animal care facility building Per UDC 11-2B-2; an animal care facility requires conditional use permit approval in the L-O zoning district. Further, Specific Use Standards apply to this type of use as follows: Specific Use Standards for an Animal Care Facility, per UDC 11-4-3-1: A. All animals shall be indoors at all times. On the submitted landscape plan the applicant has depicted a 6 foot vinyl fence enclosure on the east side of the building. This area is identified on the plan as a pet walking area. Based on this standard, staff is not supportive of the outdoor area. B. The facility owner and/or operator shall comply with all state and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. As a condition of approval the facility owner will be required to comply with this standard. Dimensional Standards: The applicant shall comply with the dimensional standards listed in UDC 11-2B-3 for the L-O zoning district. Staff has reviewed the site plan submitted with this application and found it to comply with the required dimensional standards of the L-O zoning district. These standards are attached in Section 9c. above. Building Elevations: The Applicant has- submitted elevations for the proposed 2,491 square foot building (See Exhibit A). Proposed building materials include concrete the roofmg and stucco with stone accented columns. These elevations are similar to the existing buildings in this development. Staff is generally supportive of the proposed elevations, prepared by Dave Evans Construction, dated August 12, 2008. Access: Primary access to the subject site will be from three access points. The northern access to the subject site will be from Meridian Road and southern access from Ustick Road, across other lots in the development. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). These access points were evaluated and approved with the Sundance Subdivision No. 5. Staff is supportive of the access to the proposed development. Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is required in commercial districts. The building totals 2,491 square feet; thus, 5 parking spaces are required. The applicant is proposing 10 parking spaces on the site which complies with this requirement. Further, the parking stalls met the dimensional standards of the UDC (9' X 19'). However, the site plan depicts a 5-foot adjacent to the parking stalls. Per UDC 11-3C-SB3, the parking stalls adjacent to the buildings shall provide 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 area. The applicant should either widen the sidewalk to 7 feet or provide a wheel stops to keep cars from overhanging the 5-foot sidewalk. Mills Vet Clinic CUP-OS-026 Page 6 ~z ~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~~ ~~ ;t;t ~~ ;~~' ~, ~:_, ~~ } ~S r~ {: ,~,. ~-, rs ~ ~ r } `'k y . >„ ''~; °; ~:; ~'~::, . ;;r~ Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every 25 vehicle parking spaces or a portion there of. Provide a minimum 1-park bicycle rack on this site. Site Plan: Staff has reviewed the site plan (prepared by Dave Evans, dated 8/21/08, labeled as Sheet 1), included in Exhibit A; submitted with this application and found the following items that need to be complied with: • Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space 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 building shall provide 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 area. NOTE: The above noted revisions were also a requirement for approval of the subject office shell CZC (CZC-08-088). The applicant should also be advised the parking on the south side of the lot and the adjacent lot to east depict 14 parking stalls in a row Staff went to the site and aforementioned parking stalls have not been installed The UDC requires landscape planter islands are required per every l2 parking stalls. The applicant will be responsible in the future to install an additional planter island to comply with this requirement in the future. Landscaping: All perimeter landscaping and associated parking lot landscaping were approved with Sundance Subdivision No. 5 final plat (FP-06-042). The existing landscaping shall remain protected during construction on the site. The applicant is also proposing additional plantings along the perimeter of the future building. The landscape plan prepared by Dave Evans Construction, on August, 2008, and labeled Sheet 1, generally complies with the UDC landscaping requirements. However, the applicant has depicted a pet walking area on the submitted landscape plan. UDC 11-4-3-11A requires all animals to remain indoors at all times. The applicant should remove the outdoor pet area from the submitted landscape plan to comply with this requirement of the UDC. A written certificate of completion must be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. Hours of Operation: The proposed hours of operation for the proposed vet clinic use are from 8 am to 6 pm Monday through Friday and 8 am to 1 pm on Saturday. In addition no overnight boarding of animals should be allowed on this site. Staff is supportive of the proposed hours for the site provided no overnight boarding commences on this site. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishing a animal care facility on this site. All improvements must be installed prior to occupancy. It is important to note, Staff has already approved a CZC (CZC-08-088) for an office shell on the subject site however; the applicant is proposing an animal care facility which requires approval of this Conditional Use Permit (CUP-08-026).A new/revised CZC is not necessary. b. Staff Recommendation: Staff recommends approval of CUP-08-026 for an animal care facility in the L-O zoning district for Mills Veterinary Clinic, as presented in the Staff Report Mills Vet Clinic CUP-08-026 Page 7 °ti . ~ `, ~. ~~^•', <ir :; ' ~~ '. -; .:t~, s, ~ LL ... , r rt' a~_§, r ~ - '.~~ ~~~ ~. ;~4_ ., 5'::~ <; ~~; ~-~ ~; ~~ ~~' _.,'... _..y5~ '~~ ,9 fi;rF 1 r~~ 7 :v} lr ~'"~; ~• ~.: ,: ~~ ~a,~= 'u~ ~.. ' " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Ezhibit C and subject to the conditions of approval listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on October 16 2008 At the public hearing the Commission voted to approve CUP-08-026 11. EDITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan 3. Landscape Plan 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Mills Vet Clinic CUP-08-026 rr~, : ~~' ~~'+ ', ,z ~,,: Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 A. Drawings 1. Vicinity Map R-15 3245 3590 ~ J ~'a v' ~ s ~ ~ ~. ...~-- - ~ -Y 9,+,~ T ~ ~ ~~. ~ '.w ~~ o~ N i~ N _~' p~ ~ '.' iy O y1. N 1 ~, ^ / ~ ' I i 3336 ~ ~~h ~~ ~, ~ ~g ~ ~~~ ee~~ ~ 1 ! {~ ~ WW .. ~ ~ ~ V' ~ ~ W ~~'V I ~ f 1 ~y N C~ ~ m ~ m ~ m ~ ~ ~ -- 3332 ~ ~ ~ ~ N N N ~,O _ M ' w ~ i,_.- ra ~ 110 O M i i1, ~, ~. ~u ~ d ~~ i0 ...__.. ~ ~(1 N M W N L~ 80 90 110 ~ N N N ro ._ _ ._. ~ Z l_ f i _.~ W USTICK RD Z E USTICK RD , ~ao1 R4 r ~ CT ~ 275 315 ~ 375 `- ~ RUT 316s .,,~ I M ~ O~ ~ r N ~S~ ~ ~ ~ 9 LL i ~ ~ Z ~ 3080 R1 3105 395 2980 3001 RUT 2980 2975 RUT Exhibit A Page 1 ..;h ; „. yi'~i _.~' h~ F Fire "~; :".. '.~ ~'; t nr~;:; , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Exhibit A Page 2 2. CUP Site Plan ~ ~~ ~ ~ ~~~~ ~~ais~aa~ ~~~~s ~ ~ r ~ ~a~~a~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Landscape Plan a~n~a ~a~ x~a ~ r ~w.~ =xvtaunn~er. 9[- eaaeaa ~ ~~ipg~ ~i ® v~ ~~ ~ ! I ~ ~I !~ ~ ~°~~~~tll C °~ ~ ;1 I ~ ~~Pi! re s~ ~~~~ F~a ~~~~~ e~ ~ w~~ ~ i ~ ~ ~~ !!~ a ~~I~~~~ ~~i ~1®'ap~lw~ ¢~°~"9 `~~~ x~i~+~ ~ ~~~ i ~ ~~b ilk ,~~ ~~ ~,~ i ~ ~~ ale ~! ~~~ ~~~ ~1~~° ls~,~~~~t ~'o~I~I ~ I~~~~1`I~~~~~ ~: 1 °~I'~a~~~~3~.~~~~s~~a~~m ~~~~3~a~~?~r 8 ~ 1 .~ s. 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E9 I~ ¢ Ov .~ ~F 9; {~~m~Ir~n~~~ a ~ ~,! ~ 1 ~0 $ p 6I ~ 4:G i ~ `~1 E W ~~;~~~. ~~~s~~~~ ~1~~~~ F:~g ° i ~F~°~ ~ w a~ n e~~ n ea ~ 8 F ~` a ~~~~i~~~G~®~ ~~ ~~~~~ ~ ~~~ ~~ ~ ~' ~~~ ~ 66~ ~~M ~a~~d~ti~'p,~n7r~ 5 E~ 9 yfy ~ e ~` p ~ ~ ~ ~ ~ E p e ~ ~ou~~ ~' `; Q -~- b; ,, ®; _ , ~ r i ~. s e ~ ~~~~ o ~ acv _ `' ~ e G: i „ , ~i .v 9 " ~ ~ e° P ~ 1 A ~ ~4 s .. ~.:. $.e'„-.~ ~ '. ...~ ._,- 7 ~._F, R ~~ ~8 1 ~ v µe1 •~' N h 4 i 6 P ~ I 9 ;1 ; ~ ~ Ala R ~ ~~~ ?9 m Exhibit A Page 3 ~1 ...a y''.>swW CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 4. Elevations ®TItOLO WAW FASOUl6 TAaAi. PREF7"tlIS,HED AtUR11NUM Gii1TERS & 00Y8Y9P018TS YVALOLOR BRA, TO STUCCO p 9t~7 188° ~~T~ ORATE Ah~FA li©YFJ1q OOA~figiE TIIlE- B10NA.\f7E PER OYYNERR£N a uaarco aina rn nu e VIAM tVIXOOV~J North Elevation ~ West Elevation ~~"= T.O. PUTS dTF T, O. Sl.q® r-ZSouth Elevation fAN3 PApfPED fi0 dROOF ~g'-A 9dB° T.O. PRATE SANNF. BfONE-TMPE TO BE DE7ERtaUrED A9.UA11RU0.'I B'V8i7YL FEf+tCE AL COND@€BESi.eCREE1dEp EL€CfRIOFi SWISCHI3EAR W-CAN09CP&ING eCRE~"fg0 BYlAt103CAPINCi& East Elevation Exhibit A Page 4 SdUOCO F.ABCIA OVER 79 YM1B' 'TIAAEEReTRI.T7D BUBFASOl4 (~ OAOLE bTAIL\ID NOAiS7RitC7UliAi l LJEtOD DEYp168 °: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 '~° ti ~ } 1. B. Conditions of Approval 1. PLANNING DEPARTMENT ~ 1.1 The Applicant shall comply with all conditions of approval for Conditional Use Permit (CUP-06- ' 1; 011), Certificate of Zoning Compliance (CZC-08-088), Preliminary Plat (PP-06-014) and Final Plat (FP-06-042) of Sundance Subdivision No. 5. The Site Plan labeled Sheet 1, prepared by ~,~~;a Dave Evans Construction, and dated August 21, 2008, is approved subject to the conditions listed '"'~~ below. j`a ~ • Provide a minimum 1-park bicycle rack on this site. • Per UDC 11-3C-SB3, the parking stalls adjacent to the building shall provide substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk x: `,! 4 oY the sidewalk may be widened to 7 feet to allow for overhang in this area. '° ~ `~ 1.2 The landscape plan prepared by Dave Evans Construction., on August, 2008, labeled Sheet 1, is . ~ ;.7 approved with the following notes: y ~~ • All perimeter and planter landscaping for Sundance Subdivision No. 5 shall be protected during construction. `" • A written certificate of completion shall be prepared by the landscape architect desi er := , gn , or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. ~~ ~ • The applicant shall remove the outdoor pet area from the submitted landscape plan -'~r to comply with the restriction of having animals inside at all times (UDC 11-43-1). ~~`. °~ ''''~` ~ 1.3 The building elevations, prepared by Dave Evans Construction, dated 8/12/2008, are approved. ~ ' ~ ~ 1.4 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. A bid must accompany any request for temporary occupancy. , ~~ t, ;~ 1.5 No signs are approved with this CUP application. All business signs require a separate sign " ermit in com Nance with the si p p ~ gn ordinance. ~" ~' ?~~ 1.6 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of ~~ approval, a new conditional use permit must be obtained prior to operation. 1.7 The applicant shall comply with the Specific Use Standards for an Animal Care Facility listed in UDC 11-4-3-1 as follows: z r ~' r.: ,'s a. All animals shall be indoors at all times. ,;.~; b. The facility owner and/or operator shall comply with all state and local regulations relative to ~ f`° n~ such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. ? "" 1.8 The hours of operation for the proposed use shall not exceed the hours from 8 am to 6 ° pm Monday through Friday and 8 am to 1 pm on Saturday. Overnight boarding of animals shall be f; -~ f_ prohibited., :<<:_ ~,, Exhibit B - 1 - ~; , •, .~ ~;,~ _ _. : ,, : . . „~; :, ,, x . , f > • . !;:~: :~ : r s_ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 1.9 Staff's failure to cite specific ordinance provisions or terms of the approved CUP does not relieve ~~?; ' `~ the Applicant of responsibility for compliance. =r - 1.10 Because this building has been approved for an office shell, the applicant shall coordinate the ~~ s~ ~ a change in occupancy class with the Building Department, if required. Y, 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. ' r : ~ 3. FIRE DEPARTMENT , ~ ~: 3.1 Operational fire hydrants, temporary or permanent. street signs and access roads with an all ;~~~, weather surface are required before combustible construction is brought on site. 3.2 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. 3.3 Provide a Knox box entry system for the complex prior to occupancy. 3.4 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. .. ;~~,.~,: 3.5 There shall be a fire hydrant within 100' of all fire department connections. .w; 3.6 Where a portion of the facility or building hereafter constructed 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 azound 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 r ~; 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 ;;;x;~ (183 m). ~'^' 4. POLICE DEPARTMENT ~~~;, ~~~, 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT ~; 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY i:~ 6.1 SSC has no comments related to this application. " ~ `' ~~ ~ ~" 7. ADA COUNTY HIGHWAY DISTRICT `~ ~ Exhibit B _ 2 _ -~; a ~~~ ._. `.e ~{ ~: rP~f ~~~1 '~%,;: ,: ~~: r r ~, t ~; { F .a X-:. ~' ~5 ~fH~ ;y;t: ,.,. `~ >~~, "W.~~~~ ;_,' ~'i ,. ''>r „.. .;> G~_ ,R:; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the L-O zoning district. Staff recommends the Commission 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. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Office. The property is currently zoned L-O, which complies 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 with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds 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, will not adversely affect other property in the vicinity. The Commission fmds 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 Commission 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 will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission fmds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be fmancing any improvements required for development. The Commission 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. Exhibit C ry~' yam. _ , .. .:.1. __ -1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The Commission recognizes that traffic and noise is a concern; however, the Commission 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 Commission 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 Commission fords that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission fords that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. P f.'~ Exhibit C -2- err:; > ~ November 3, 2008 CUP 08-025 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Marc Johnson ITEM NO. 3-C REQUEST Findings of Fact 8~ Conclusions of Law for Approval -Conditional Use Permit for a residential care facility in a C-C zoning district for Shaylee Estates - 1332, 1402 & 1414 N. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: ~ • A CITY FIRE DEPT: ~~ CITY BUILDING DEPT: '~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ,~ f ! r. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E II~IAN~~-- .. LAW AND o ®~ ~ ~ Y ~- DECISION & ORDER r' ~u .~ ?{ ' In the Matter of the Request for a Conditional Use Permit for a Residential Care (Assisted ~~- Living) Facility in a C-C Zoning District, by Marc Johnson. :;,. Case No(s). CUP-08-025 . ,: ;~_ For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on ~ ~_~ 5 November 6, 2008) ~~ A. Findings of Fact ,~ '~ 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008, x incorporated byreference) A,4, h; ~' ~, 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2008, ~ ` ~ incorporated by reference) y jy 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) ~,~ 4. Required Findings per the Unified Development Code (see attached Staff Report for the ~ ' ~ hearing date of October 16, 2008, incorporated by reference) ~k:~ -.-„~ ;.: ~ B. Conclusions of Law t a ,~`~ 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use ~• Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. &67-65031. ~.t: ~~ ~ 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified ~~:.- Development Code codified at Title 11 Meridian City Code, and all current zoning maps ~.. thereof. The City of Meridian has, by ordinance, established the Impact Area and the N ' `' Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian Cit Code § ~:, ~,~ tr ~''~ y 11-SA. ' ~z ~~; 4. Due consideration has been given to the comment(s) received from the governmental ~'~~~ subdivisions providing services in the City of Meridian planning jurisdiction. `;9I x ;. ~, . ~~~ ~: .~ '.;'-r CITY OF MERIDIAN FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION & ORDER a r; , CASE NO(S). CUP-08-025 ~ ' . ~- ' ~ '~ Yii~ tt. ~~t Page I , ,~, = 1 ~s E .; ` `~{ 'Y;YrS a~:~; ~ - x r s Nz..c ~ ~ t CF, ~ ~~ 1 5~ , gvh~., }~ y~~.~',st- ~: ~ ~?e. ~~yY ~ { ; t ~Y i:~ s t~r,F ~ _ ~` :r.. '~ x ... ~ ~~" .. _ ~ ' 'P°~yri'~'k~ ~~ ~ ~ ' ~ ~ ~ ~. r, = s~ ti ~~,9" ~ 'i 5~~~" , li ~ ~ ~t~~~ ~. ~ a~_ a - . ~3Fi~'~~u#" ~a+~' ~ -r [[..~~ Fv'~rµP ~ ,F lv~ } rs ~ { ~ 5- ~ Yv`' ~ y.~~~ ~~''~ _ ~ r'' c ~~ ~ ~' ~ s ~ .44E~4v.`.td" V ~. ' ' : I f S f5 ~J !' . ~ . } . 1~~° ~' 1 ` ~ ~'~ L pp p~ ',~. _ _C k Y `~ h~~ ~ '"~~~>~ ~S ': ~ C i .. R ~; ;.{ .;- :. ,,; s --~~~3~~ ,,, -`~4: ;;- ` . ,.'1:1,5 ;~. ' L .°< ~:; ~; ;;,; ::~~ ~`` ~:,' ;~,; ,:''% ,L.. ';~~r ,,;; ,., J< k ~,~;", .~~ ~:~ '}:~ , 'r ~{ . .:} ~; ;;~t '" << =;k- t ~:~ . ~r~. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of October 16, 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A.2 of the staff report dated October 16, 2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 16, 2008, incorporated 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 (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 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 (18) 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 maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-025 Page 2 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 filed 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-025 Page 3 ~~, „ ,,, .: , ;~- „~ -Y ~r By action f the Pl 'ng & Zoning Commission at its regular meeting held on the day of , 2008. COMMISSIONER DAVID MOE (Chair) VOTED~s COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED_ ~~~~ COMMISSIONER JOE MARSHALL VOTED_~ l~~ CHAIRMAN IAA"E y Attest: Tara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. BY~ ' ~ Dated City Clerk's Office `````11111111111lrrrrr'' o c __ ~~~ c r ~. 7 :,, yQ9 T 13~, .., ~o ,,,. ~~~r~rrlrrl nlll~llll~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-025 Page 4 ;~ _; ~~ s~ .,=r. f - y . .:,;. :, xf,. ;. _ ;: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT HEARING DATE: October 16, 2008 ~ IDIAN~ TO: Planning & Zoning Commission ~ ~ ~ ~ FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Shaylee Estates • CUP-08-025 Request for Conditional Use Permit approval of a residential care facility in a C-C zoning district • PS-08-009 Request for approval of a private street for access and for addressing of the proposed assisted living facility 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Marc Johnson, has submitted a Conditional Use Permit (CUP) application fora 15-bed 9,499 square foot residential care (assisted living) facility in a C-C zoning district. Concurrently, the applicant is requesting approval of a private street (PS) to provide access to the site from Meridian Road and for addressing purposes. The site is located east of N. Meridian Road, approximately 1/a mile south of E. Fairview Avenue. The site consists of three tax parcels currently addressed as 1332, 1402, and 1414 N. Meridian Road. A Property Boundary Adjustment was recently recorded that created a new parcel for the assisted living facility; a parcel number has not yet been issued for this property. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUNIMARY RECOMMENDATION The subject applications (CUP & PS) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission is only required to make a decision on the CUP application; the PS application is reviewed at Staff level. Because the PS was submitted concurrently with the CUP, Staff has included analysis for the PS in the subject report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested CUP & PS application. Staff is recommending approval of the proposed assisted living facility in the C- Czoning district and the private street for Shaylee Estates (CUP-08-025 & PS-08-009) with the conditions listed in Exhibit B, per the fmdings listed in Exhibit C of the Staff Report. The Meridian Plannin>: and Zoning Commission heard this item on October 16 2008 At the public hearine. they moved to approve CUP-08-025 a. Summary of Commission Public Hearin: i. In favor: Marc Johnson ii. In opposition: None iii. Commentin: None iv. Written testimony: Marc Johnson (response to staff report) v. Staff presentin application: Sonya Waters vi. Other staff commentin on application: None b. Kev Issues of Discussion by Commission: Shaylee Estates CUP PS PAGE 1 >w~;, ~r~s~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ,~ ~,+~:... gsr_ - ~t:. i~.: i. None c. Key Commission Changes to Staff Recommendation• i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-08- 025 as presented in staff report for the hearing date of October 16, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-08- 025 as presented during the hearing on October 16, 2008 for the following reasons: (You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Number CUP-08-025 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1332, 1402 & 1414 N. Meridian Road (Parcel #'s 86129020550, 86129020350 & 86129020531) NW % of Section 7, Township 3 North, Range 1 East b. Owner: Marc Johnson 1402 N. Meridian Road Meridian, ID 83642 c. Applicant: Same as Owner d. Representatives: Andrew Davis, BRS Architects 1010 S. Allante, Ste. 100 Boise, ID 83709 e. Present Zoning: C-C (Community Business) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: Taken from the applicant's narrative, "The plan consists of 15 rooms for residents and all supporting spaces required to operate the facility. Adequate parking has been provided according to the standards as set forth in the City of Meridian Unified Development Code. We feel that this project can succeed in helping the City of Meridian in achieving the goals of the C-C district and will be a great addition to the community." (See Applicant's letter for more detail.) 1. Date of Site Plan (attached in Exhibit A): 9/17/08 2. Date of Landscape Plan (attached in Exhibit A): 9/11/08 Shaylee Estates CUP PS PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Date of Building Elevations (attached in Exhibit A): 9/11/08 ;v~ K-~ ~. ';'; an: 5. PROCESS FACTS a. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission on this matter. b. Newspaper notifications published on: September 29, and October 13, 2008 c. Radius notices mailed to properties within 300 feet on: September 19, 2008 d. Applicant posted notice on site by: October 1, 2008 6. LAND USE a. Existing Land Use(s): There is an existing house and garage on the southern portion of the subject property (shown as Parcel C on the Record of Survey attached in Exhibit A.5) that is proposed to be removed upon development of the site. b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock-a- Doodles). c. Adjacent Land Use and Zoning: 1. North: Commercial property and residential mobile home park, zoned C-C 2. East: Commercial properties, zoned C-C 3. South: Hair salon, zoned C-C 4. West: Office (Talon Construction) and residence, zoned C-C d. History of Previous Actions: • This property consists of portions of Blocks 3 and 4 of F. A. Nourse's Third Addition subdivision. • This property was previously rezoned to C-C (date unknown). • In 2007, a rezone (RZ-07-011) of 0.77 of an acre from C-C (Community Business) to O-T (Old Town) was approved. However, the applicant decided not to follow-through with the rezone of the property and did not sign the development agreement associated with the rezone. Therefore, the property was not rezoned. A Preliminary Plat (PP-07-010) was approved for 2 office building lots, 6single-family residential building lots, and 1 common lot on 0.77 of an acre. Because the development plan for this site changed and another property was acquired, the applicant did a property boundary adjustment instead of a plat to create three individual parcels (see Exhibit A.S). A Conditional use Permit (CUP-07-010) was approved to construct 6 townhomes in a proposed O-T zone that did not meet the criteria of the Downtown Meridian Design Guidelines. The applicant decided not to develop the property in the manner proposed and instead is applyingfor the subject CUPfor an assisted livingfacility. • A Property Boundary Adjustment (PBA-08-012) was approved for this site on September 16, 2008 by the Planning Department. The subject property is depicted as Parcel C on the Record of Survey. The record of survey for the PBA has been recorded but a new parcel number has not yet been issued (see Exhibit A. S). Shaylee Estates CUP PS ,{ PAGE3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: there is an 8 inch sewer main running north & south along the applicants east property boundary. Location of water: N Meridian Road Issues or concerns: None 2. Canals/Ditches Irrigation: None 3. Hazards: Staff is unaware of any hazards that may exist on this site. 4. Proposed Zoning: NA 5. Size of Property: 0.64 of an acre f. Landscaping 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: A 25-foot wide buffer to residential uses is required in the C-C zoning district, per UDC 11-2B-3. There is a residential mobile home park located north of the northeast corner of the site in a C-C zoning district; a buffer is required in this area. 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required in accordance with the standards listed in UDC 11-3B-8C. g. Off-Street Parking: UDC 11-3C-6 requires age restricted elderly housing to have 0.5 parking spaces per bed. The site plan shows 13 parking spaces for 1 S beds, which complies with this requirement. h. Summary of Proposed Streets and/or Access: Access to the assisted living facility portion of the site will be provided from N. Meridian Road via Kimberlee Lane, a 24-foot wide proposed private street, and a driveway at the southern boundary of the site. The southern driveway is a shared driveway with the adjacent property owner and is approximately 18-feet wide, approximately 10-feet of which lies on the subject property. Driveways are stubbed to the properties to the north and south for future connectivity and cross-access to reduce access points on Meridian Road. ACRD and Staff are supportive of the proposed private street and driveway access to/from the site to/from Meridian Road. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On September 25, 2008 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map; however, the Applicant is not proposing to rezone the property with the subject CUP application. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of Shaylee Estates CUP PS PAGE 4 ti? CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 a, ~ 'k existing buildings for residential uses, new construction ofmulti-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, ~ , ~ specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public `~~'~~;=a investment to ensure that Old Town becomes a centralized activity center with public, cultural, and J:r'~ recreational structures would be encouraged. The boundary of the Old Town district predominantly "~~ follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff believes that the proposed assisted living facility is compatible with the vision for `x ~ Old Town and com hes with the a hcable rovisions of the Com rehensive Plan and furthers th ~ P~ PP~ P p e u .3 goals and objectives set forth therein. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to ~_ , .'-.~~.. the proposed development (staff analysis in italics below policy): =, ~. ~.j • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). -~ ~`~;i; When the City established its Area of City Impact, it planned to provide City services to the ~u subject property. The subject property is already within the corporate boundaries of the City and the two existing homes are already serviced. The City of Meridian plans to provide °~` municipal services to the lands proposed to be developed in the following manner: ~~~ - Sanitary sewer and water service will be extended to the project at the developer s expense. ,.- ~'±~~= - The subject lands currently lie within 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 Meridian Police Department (MPD). ~ . t~ - The roadways adjacent to the subject lands are currently owned and maintained by the ;, Ada County Highway District (ACfID). This service will not change. '' ' ~ ~ - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. _ - The subject lands are currently serviced by the Meridian Library District. This service ~~ .~~ will not change. x • Promote development of Old Town and encourage infill development (Chapter ]V, Goal II, b : °'" R Objective D, page 28). ~~ The subject application proposes to develop an injill property located within the downtown area that contains an existing home and garage, which will be removed upon development of ' ~~' the site. Staff believes the proposed use of the property as an assisted living facility will ~ contribute to a much needed residential component of the community. ~r~~ ' • Encourage infill development in vacant/underdeveloped areas within the City over fringe area .. ~ ' development to halt the outward progression of urban development (Chapter V, Goal I, Objective A.3, page 39). The subject property is currently an underdeveloped piece of land that lies within the City's Old Town designated area. The subject application proposes to develop the property with an ',° ~~~ assisted living facility. Staff believes that by developing vacant or underdeveloped areas of ~`~'~ ~t,tt the City it will slow the outward progression (sprawl) of urban development. t~ > • Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C, ` i nanP1121 '-~~ > z.,'r r=- ~ ~'~' Shaylee Estates CUP PS PAGE 5 p~.- ,,yy~~~ ~ i~yy' ~. J 1~~ ~,.~y ~~ ~ ~, k. ~~~` ~ ~ - 4 ~h~d~hf y fi~; n ~~. ~~~~ 4 'c ;; ~3 ~ t t1e;=. x v: ~n - ~, ~. cg ~ ~ 4 :'~'.. i . 'p~ . ~. k'..~; ~. _ ~~1:~ y>~ ~~ ~~;f ~ 1,.~ ~ F~ ~. ~~ - - ~ ~~~~ q` ~ ~.'~ 7,~rscy ? ~s., -.~~ ;.:-;: ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 v~ +_ ~r'~{:L 7r.~ ¢$~ v" The proposed residential development will utilize existing services in this area. ~ *~: , ~~~ • Require all new parking lots to provide landscaping in internal islands (Chapter V, Goal III, y, ~,~;r~; Objective D, Action 3) rY.f ;ti t ~ ~ ~ ~ The applicant is planning to install landscaping within the proposed parking lot, per the landscape plan submitted with the subject application. >~~ • Develop methods, such as cross-access agreements, frontage roads, to reduce the number of ~~ ~ existing access points onto arterial streets (Chapter VI, Goal II, Objective A, Action 12). ~,, . n Driveway stubs are proposed to the north and south of this site for future interconnectivity and cross-access. This should help to reduce the number of access points on Meridian Road. ~: • Insure that high-quality emergency care, primary, outpatient, home, and long-term care and -«; other types of health care aze provided in the community (Chapter VI, Goal V, Objective A). ,~ ~ ;~ Staff is supportive of the proposed .assisted living facility and believes it will contribute to the ~ r~-,'=?~~,,_ variety of long term health care options available in the community. ~ =` • Protect existing residential properties from incompatible land use development on adjacent ~.a; ,, parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). {~ Staff believes that the proposed residential use of the property is compatible with existing ~ ~ ~:,~ adjacent residential uses to the east. 4' Staff believes that the proposed use of the property is consistent with the Comprehensive Plan °~ Land Use Map designation of Old Town for this site Further Staff believes that th d ~ . , e propose use of the property will be compatible with the other uses in the area and the intended character of ~ ` ;~-' the Old Town area. ~,, . 9. UNIFIED DEVELOPMENT CODE ,~ t ,~ x ~ ~`~~ ~ a a. Schedule of Uses: UDC Table 11-2B-21ists the principal permitted, accessory, and conditional or k '~ prohibited uses in the C-C zoning district. The proposed assisted living facility (nursing or ~ ~~ ~; ,, residential care facility) is listed as a conditional use in the C-C district. ~ ,~ ~~' b. Specific Use Standards: Per UDC 11-2B-2, there aze specific use standards contained in the UDC ,+~ ' ''" that apply to residential care facilities. The applicant shall comply with the specific use standazds f ~4~ listed in UDC 11-4-3-29 (see also Section 10, Analysis, below for more information). r "~ c. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail f'` ~ ''~~ ~~d and service needs of the community in accord with the Meridian Comprehensive Plan. Four ~i,1 districts aze designated which differ in the size and scale of commercial structures accommodated r ~ ~ in the district, the scale and mix of allowed commercial uses, and the location of the district :, proximity to streets and highways. ~~ ~3 ;~ ' ~ d. General Standards: Development of the subject property shall comply with the dimensional ~. , ` 1~ " ~~ standazds listed in UDC 11-2B-3 for the proposed C-C zoning district. ~ ~y~ ~$4 ~~~~ 10. ANALYSIS ' '~~`~ ~~ ~, ' a. Analysis of Facts Leading to Staff Recommendation: ~~,~.~ r .4: CONDITIONAL USE PERNIIT: The Applicant is requesting Conditional Use Permit (CUP) approval fora 15-bed assisted living facility in a C-C zoning district. A site plan, landscape 3~ plan, and elevations of the proposed building have been submitted by the Applicant for review by Staff. An elevated garden area and garden shed is depicted on the site plan at the south end ~ b~, ~~~' `Y. ,5 ^Y A~: ~ *T~ ~ Shaylee Estates CUP PS PAGE 6 .;; ~ .i _~- r ,a ~ k~ ,. ~~ ~^ '''~ a ;~ s w ~ .~y~ ~ r tl~~yh4 ~ S '~- T, -. ~ ~~~ , ~ e~1. ,_ k z~ ~ ~' ~ ~ . - . (~ ~.4c~ ,~.? 3~ '~ ~.~ a>yt: '• Zvi ~"N,~AI~^-" ~J+i! .M ~ ~ ~~ ,~ t . ~ ~k '~~t y \ f - )? v .., a 1~i k a. "~ q la ,. ti Z4 ;a .. ~~f ~. ~Y WiC~~A~. +'"~e'F' ~ri'~~ J~~. ~: _ w ~ ~ ~l ` ~ k, i i ~';~, ~ , a i F '''` ' .'~ .,~; ,e . ~ ~ ~ ~ ~ t i;' ~ {r ~ s ;1" ~r 'L' ~ y . ~p.~~~d, '~" "'H Y~ ~r~F ~ . , - . ~4 ~; a ,.. .t $ § i. , s ~~~ h' ` `.i„ ~~~ ~u*~. ~~ °~> ~. rts , ti` ~ -w ~ ~~ z ? t tidr }s~~ i '~ ~ `'~ ~ ~,~ ~ ~ }+ ~ ,. ~ g` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 of the site. A landscaped area is depicted on the north and east sides of the building with a covered patio area on the north. A walkway is proposed around the building. Dimensional Standards: This site is required to comply with the development standards of the C-C zoning district listed in UDC Table 11-2B-3 as follows: DIMENSIONAL STANDARDS C-C Front setback in feet 0 Rear setback in feet 0 Interior side se~ack in feet p Street landsca buffer in feet Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate ~ 50 Landscape buffer to residential uses in feet "'' 25 Maxmum building height in feet 50 Maximum building size without design standard a proval as set forth in 11-3A-19 in square feet 60,000 Parking requirements See Chapter 3 Article C. off-street parking and loading re uirements Landscaping requirements See Chapter 3 Article B. landsca ing requirements All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. 2Minimum setback only allowed with reuse of existing residential structure. 3Where the adjacent property is vacant, the Director shall determine the adjacent :.properly designation based on the Comprehensive Plan designation. 4Sub'ect to design standards in Ten Mile Interchange Specific Area Plan Specific Use Standards: Per UDC 11-4-3-29, the following standards apply to nursing or residential care facilities (staff analysis in italics): 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 not proposing to re-use the existing structures on this site. New construction is proposed. The applicant shall comply with the Building Code requirements for this occupancy class. 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. A license is required for this use. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: (Not applicable) 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') non- scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. Shaylee Estates CUP PS PAGE 7 :.> ,, Y S~ ~!- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~, F•~ Z. Outdoor play equipment over six feet (6') high shall not be located in a front yazd or within any required yard. ~,;` z 3. Outdoor play areas in residential districts or uses adjacent to an existing residence :_~:~ shall not be used after dusk. -~" C. Additional standards for uses providing care to patients who suffer from Alzheimer's .r 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 °k ~ code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) Not applicable (The applicant states that `' _`` this facility will not house patients that suffer from disabilities that may cause t. disorientation.) Existing Structures: The site currently contains an existing home and a garage, which will be s . `;r removed upon development of the site. All structures shall be removed as proposed prior to ._ ' {~ release of building permits for this development. ( .. f Landscaping: The applicant has submitted a landscape plan, dated 9/17/08, prepared by BRS ~;,ti_lF- Architects, (included in Exhibit A.3) with this application. Staff has reviewed said plan and ,~ requests the applicant comply with the comments/revisions noted below: ~ ~ • A 25-foot wide landscape buffer to residential uses is required in the C-C zoning district, ~ . per UDC 11-2B-3. There is a mobile home park located north of the northeast corner of the site in a C-C zoning district; a buffer is required in this area. Said buffer shall be ~~'~ ,~, ' comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or h ~, :. ot er vegetative groundcover; the buffer azea shall result in a barrier that allows trees to touch at the time of the tree maturity, per UDC 11-3B-9C.1. No trees shall be planted ~,~ :.n, within the area where the sewer easement lies along the east property boundary; shrubs ~" ~ and other vegetation shall be planted in this area instead. (Note: A residential use exists `~ ` ~ adjacent to the northwest boundary of the site. Staff is not requiring a buffer in this area because there is a 25-foot wide driveway and two rows of parking that sepazates it from the assisted living facility. Also, the home is currently a rental owned by Mazc Johnson, ~ Talon Construction, and will be converted to an office in the future.) . ~ .v. ~,~ ~ . The planter island on the south end of the row of pazking in front of the building shall be revised to be a minimum of 5-feet in width measured inside curbs, per UDC 11-3B- ~ ~ry;< 8C.2.a. 4 ~` ~ ~ A 15-foot wide sewer easement exists alo • ng the east boun of the site. No new trees ~'Y shall be planted within this easement; existing trees may remain. Shrubs maybe planted within the easement instead of trees. Revise the plan accordingly. ~r 5y.; Site Plan: The applicant has submitted a site plan, dated 9/17/08, prepared by BRS Architects ~~` " ~ ` j , (included in Exhibit A.2) with this application. Staff has reviewed said plan and requests the ; a licant c pp omply with the comments/revisions noted below: • The planter island on the south end of the row of pazking in front of the building shall be ~ revised to be a mmunum of 5-feet m width measured inside curbs, per UDC 11-3B- 8C.2.a. ~?~ Fencing: A 6-foot tall cedar fence is depicted on the site plan along the east, north, and south ,. property boundaries. Six-foot tall wrought iron fencing is proposed along the west side of the >; ~~ ~ `~ Shaylee Estates CUP PS PAGE 8 Y: ~ ~ ~~s~,~ Fs. ~ 1H~t ''~'b' - k3 °' yinl' "' k" ""~' .Y.yr a lip ; . n ~ ~~yw'~S'4~ f~ r t?. 3 4~ " ' a i,."~ -0,, ~ ~, } t g $, 1:;,, -T.E.. ~;4 9~~XRY fir, :I - 1?f~ r q 'r'. ~. ~ a~f. k K~~ q T C '- ~~~~ , - ~~,. ~ ~ : ti ~~~ A, t , ,~:, ~ ~~~ ~~ _; ,~,~ ~~ ~ ~3~ ~ ,;~ : ~ - y f ~1 _ ~i' ~~ ~~ # r 4~ ~~8~~ ._ . ~~ra w, - r `~i~ ~;~ ~~ t ?y~~a~ r.rm ~' .rzx~ 3 4.> . z ~ ~~`~ ~ " ~-,rir ax .. t~ ii ~~nri v:~; o-~' C w..-i a°-' . i ~. i,r 1 q P t :_4~~ 4* 3~ .~" ,...a'.~ ~; ~:; ..:^f t+~, =;k :; j_ i ~~ ~ -~ :S: r:~ f~ ;: '. ,, ,~ ;: ~. 4~ 1; :~ ;<; . Y. ~~,~~:: fi:_.~~ 'F r~ ;:;~;: .~: .; ;r :! k± r, y , ~ ~ ~ s ~ _, _ r; - `:ir lr` ~s }.~` {; ;~ ~ ~ ~~~. ;~~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 common area on the north and south ends of the building. Fencing shall be constructed on the site as depicted on the site plan. Access/Cross-Access: A 24-foot wide private street (Kimberlee Lane) is proposed for access to the site from Meridian Road. Additionally, an existing 18-foot wide (+/-) driveway is located at the southern boundary of the site and is shared with the adjacent property to the south (approximately 10-feet of the driveway lies on the subject property). The applicant is proposing driveway stubs to the property to the north and to the shared driveway at the south of the site for future connectivity and cross-access. Staff is supportive of the proposed cross-access as it should assist in reducing access points to Meridian Road, an arterial street. However, Staff is requesting a minimum 20-foot wide driveway be provided south of the site if the driveway is to function as a 2-way access driveway. Otherwise, the driveway shall be restricted to a one way only access into the site and traffic generated from the beauty salon and the subject site shall eat through the subject site via Kimberlee Lane. A reciprocal cross-access agreement shall be entered into with the property owner to the south in order for the driveway to serve as a 2-way driveway (part of the driveway will be on the beauty salon property). Cross- access should be provided to the property to the north via across-access easement. A recorded copy of both cross-access easements/agreements shall be submitted with the Certificate of Zoning Compliance application for the proposed assisted living facility. Staff and AChID are supportive of the private street and driveway access to/fYOm this site to/fYOm Meridian Road with the conditions contained in Exhibit B. Parlung: Per UDC Table 11-3C-6A, 0.5 off-street parking spaces are required per bed in the assisted living facility. Because 15 beds are proposed, 8 parking spaces are required; 13 spaces are depicted on the site plan, which complies with this requirement. All handicap accessible parking shall comply with ADA standards. Additionally, per UDC 11-3C-6G, one bicycle parking space is required for every 25 proposed vehicle parking spaces or potion thereof. Because 13 vehicle spaces are provided, a minimum of 1 bicycle space shall be provided as proposed on the site plan. Elevations: The Applicant has submitted building elevations for the proposed assisted living facility that are included in Exhibit A.4 of this report. Building materials are proposed to consist of vertical siding and cedar shingles with manufactured stone and timber accents. Roofing materials are proposed to consist of architectural asphalt shingles. Staff approves of the elevations and construction materials submitted with this application for the proposed assisted living facility as they represent high quality materials and design. 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 used, 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. 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 9-1-28. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for the proposed assisted living facility and shall be approved prior to release of building permits. Plans submitted with the CZC application shall be revised to comply with the conditions of approval listed in Exhibit B of this report. PRIVATE STREETS: The applicant is proposing a private street for access to the site from Meridian Road and for addressing purposes for the assisted living facility. Shaylee Estates CUP PS PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 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. Because this site is not being platted, the private street shall be constructed on a perpetual ingress/egress easement. 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. ACfID has approved the proposed location of the private street. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. The Fire Department has stamped their approval on the submitted site plan. 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 Marshal: 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 standards 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. 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. 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 the subject applications (CUP-08- 025, & PS-08-009) based on the Findings listed in Exhibit C and the conditions listed in Exhibit B of this Staff Report for the hearing date of October 16, 2008. The Meridian Planning and Zoning Commission heard this item on October 16 2008 At the uublic hearing, they moved to aoArove CUP-08-025 11. E~~ITS A. Maps/Drawings 1. Vicinity/Zoning Map Shaylee Estates CUP PS PAGE 10 ~~_,~ . ~;3: ~~ -~~, 'r ~r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. Site Plan (dated: 9/17/08, labeled as Sheets SD.1, SD.2, and SD.3, prepared by BRS Architects) 3. Landscape Plan (dated: 9/11/08, labeled as Sheet LS1.1, prepared by BRS Architects) 4. Building Elevations (dated: 9/11/08, labeled as Sheet A4.1, prepared by BRS Architects) 5. Property Line Adjustment Record of Survey B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Shaylee Estates CUP PS PAGE I 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 A. Maps/Drawings 1. Vicinity/Zoning Map Exhibit A as ff';~~ I ~'~ xis ~~y }... ` ,. ;~ ::, .~~: y3 'Y . ~fi~.# c !`~.. s„~';~<. ~1:.:, ~..., k+ 5 t:' ~~ .1 L, ~ ~?: ,~. r4.! ra CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. Site Plan (dated: 9/17/08, labeled as Sheets SD.1, SD.2, and SD.3, prepared by BRS Architects) - - - - --, , .} '-' E7QSTm[G BUMING ~ , it ~ ~~ I ~~ l I > ~ i 1Y y ~ I ~ I s~ ~. I °°°. ~ ( { . l7 C ~ ~ ) ~am ~4 ~ ~ 7 1 7 r d. tp ~ G1 ! Q ~ ~I~ J • .. .I _. i . ~ ~rrP ~ _ E LEE L G J' - - - `-t ~ t~ -1 K~P ~. ~ ~ I ~ I I I I •I. I ~ a : I ~ T` d ~ E ~._ ` 's I 4 IU~ - +'~'~ ~ i c I I ~. ~ e mi0 I ~ ~~ ExlsrwG i+, BUILDIIdG ~ ~% ~ ~ PO5ED ASSISf® I ~ , ! LMNG RESIDENCE ' I ~ FI': (4,500 SQ, FT,) k i • 't ----- ! ~`~`•cr ~ A ~.,.,~+.a~ '!' I I 1 ~ 1402 N MERIDIAN RD I 1 ~ ~ r' ~ ' ~ ~ 1 .. - ..e __ ~_.,ry I ! ~ W ~ > ~ ~ II ~~ r i Q ~- U i , i - r r ~ ~ Fu7uRE PAD slrE I .n _ - ~ ~ ~ I ~ i " ~ ,~.~,~,.m I . . ~ } ' , --- ~ ~• { ~ C f 1 ~ - i ~ ' i ppp ~ ti ~ c) I .. .~ a' , t x s t I ~, p 1 v ; y ~ m, ~' _ - /~ r t " ti sl E PLAN c . „ ~ y _~ _.~ ~ .., ~~ -• •-~~- ~ SDi.1 Exhibit A ;~~y~ ?its-S~r ~' ;ti:.: t .~ :~ ~y 3 ~ 5y$ ` Y'v ~~ „. 1 ~~~ ~' i - g 1 ~~-- t; ~ f f' Y ~'.; E' 1 ~` ` ~'> y} 4 `c' L^R.:. F: }• ~~ ~M 3 j r° ~= ~` { - ~, t ~- y, i ~; ~ ± ;s~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ;;. Y` ~c,,'_ ~' ~~a ~s, ;..: 4~i -~ f ~ '- ~l~ . ~,y i i '. =~' Exhibit A 0 0 ggyd~ c~ 4 ~~ g W Q a = e .-~~~.~. SD1. _ M ~y'IIt., .: n~FtiKn g ~ '.. ^ ' .~_:~ m 7`U + N `T Q etc d ~ GF~I ~R.~r _~ s.F. ~'- i 2 3 q .,ds 'a ~, ,~ - . . ~ ' ~ ~ ~ ~4~ ry . . -a ., ` .~ t 'R x'31 .4 ~ a'b. i'~7~.ti eo~ m.. "` ° -~ l :i .. 6 7 8 - ~ P ... a o . .. ~,.1 r,. °r. i-- -9'.'~. L 5 ® B ® 10 Il . b;..„ ~. { ~ - C 9 .. . ~ ^ ~ __. ..... T-. i°.~ -_ 0 ~'~ _ ~. a.;.. a.~.. ~;.. ~" ems" r ~GUtoEa ~®woern aEV ,_,~~a ~RVa ~ sawm ~v. , ~~caaoQU suv war ¢EV, - cywc~w srreu ~ ~v. ~; easnAU sin ~ ~.. ~ ~ m,.,.,.. a U--- ~~ i--~-- i ~' ©"~ i } i - . ,~ i ' ~-<=c i ~~~ I ~u ~~,'.' ~n ~~ ~~ W _~.~-~~ r ~~ s, . {~, -~u., ~, r ~:-' ~ ;~ ,~- ~~~*i~~~ b ~ ~ r i - ti '. - 3 7 ~ r~~ ~ ~,+u, ' C - ~ h L M1 t ~ r ~;ti.: ... - ~ i`~ ;,~ R` w `~7•#~ Y - ' y W •M1 h~~ gg J 5 ~~ `~~ ~ !. y.,, ~'~t' 5yt~, ~ . 1 L ,syt jr3, ~~" ~, ~ ~ y ~ x Y {. ~r. ~. ~rC.~ '.~~ + ~' Ld;~1p ¢~ ~l.~f: aX ~~ 'i'v.~ ..,K. . ~!4t~_k~ $ . ,¢ ~ . ~'#~~ ~~' vs ~ ~ - Ff ~ ~~. ~ f 5 ~~ ~ '^RR~ ~~ 4~~ r _ .~~~..Ya~ ,al ~ =~;. _ ~, ~ ~ „aF ~ ~ ~ i c ~~ ~ ~ ~~ ~ ~. ! t a.?L+r^ ?i r ~r ~~u:` 4 ~'R'YJ ti7 .p.'. r~ w~ _~,~y~ra~~ ~ ..~`, k r r ~~-~~s 3' aS ~~y ~ ti"=~' a ' ~~" ~ ~4J. ,~'.rxk. ~ -. .~ 4~!a,i ;' ?, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Landscape Plan (dated: 9/11/08, labeled as Sheet LS1.1, prepared by BRS Architects) i T v Z.. - +~ S i ,~ p y :i' k ~ } ~; r 1 ~ (. t f Ic +s F1 j r~ £.._.:~ i{p :, :3 c 3'. e, s. i~~ . I:{ 4 fk: .~{ S ~ ~ . ~ozgl ~~. ..:r` ~. ~, Via;.` I'-;.1 ,~I. i r I$-- _- - -- - - ~ _ _ _ J _ Q _i _ '.E - w' I v_J W ppG~~~~try~~,t~G I I VYaW~~j I _ i i Ir4 pit MC tt ~DC~• ~ k4:. 1 :. a @ t,'' ~ E- LEE L' ..yy { a ~ , m .r' _ E - W -" ~ 1 ~ ~` ~ ~ ~ _ ~ } T ~ -u ~ E7Q$~G @_1.@~ @ ~~~~ ~. ~ ~ I l; y l ~+ LE @ -- -~ 1 - (f ~Lt .LL 8 e _ _.. _ I _ ~ C C-~ re le t 1 ~ ' i QFL'aE P "8 -L ~ ~~ 1 ?" f ~ / ~. l ~L r~ .mt. ~ •mr i - E. - - a,~ pp .. ; --------~ I 1 i i ~ I,..t ~. i ~ ~ururc~ Pnn strE ~ •- 1 1 1 i - °ti _ R f _ _~~ -`paw ~':_.--~ P 1 __ -:,~ S ~ k'_ 4dlu\Yl tvYllVi1\~ Y'~i. (9,5~ ~. Fr J °' ~, -~ ~.. a s°~ "'g. ~r. ._ s _R~a T k,. . ~I a, o p~ :;i 'ifl t ~ f ~-f' ~I ; L~__ __~___J 1 +~ ` ) -. ,fnt ,c i6 +1..x.1 ~ ( l 't ( ?- LAt~9D5CAPE PIlW - __~ ~ 1.~"ti~ i i +i~~~ s t I I M1 i y 1 - `-- ~ pgtm W _ -_-- - ---------- __ - -- -..-- ------ ~- -_x--- waRrccumpuocsna,mlu4v~c@c~+p~® a tsa~,r.~ au's.+m+zca mmm III wretea!re •,r- _ .~C~"Ft~`al'si7 Exhibit A Fy <ta t ' t !tl '' i Cam/ Sw L+ ",t'~( ~••° s3n ~~~:1';. ~w v, {~;` ~_~ ;ti; ,:-, n.;;r~, •.; ~y ~~ -' .i ,;:{: `~~-~F` ,; ~:. ~~: ;~ fir. '~; '' Y~~ '_1; r :i ~. G?~T :1~, -:. ~:.5 '`!Y! i,+3 'h' -. ~ ~k _; ~ti i c;~,. ~ ~ rY J A;f: i _:t.~".f:. fix': Y~~~~ E:s ~ .~. F ,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 4. Building Elevations (dated: 9/11/08, labeled as Sheet A4.1, prepared by BRS Architects) WEST E1,EVATIOtd r'% 6a1-•4ipYV ~~A `- r~ -- u u u na s -¢ n. e n a t .. narm -n .~ ~ra r~ o-•~ e i .. ao -a. .m Exhibit A .. S ~. tN~~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16.2008 a. 5. Property Line Adjustment Record of Survey "~`°~ ACiCdVOVN.EDWAEP3T wm °'IOW m awn a aw r waa~°w ma rwum m Is, wnm ~ ~"ma~PO l~r°~w ~ ~®T N. amnaaamrrm m r as waffiao n wa w wad rrv, a lap¢ w, q rw m w¢ tw m ro am a Ta tatlldll4W gq{!„fal .>,,,~aE.~...s°bbis rarutlr~sar~ seas e, ee q > *uTAy''tt 4+ +9~.~c ~o I 6 tnw M1 T a®tt yv ~aa s~t~r•fr BLOCY, a F.A. td~~4fia8H'8 TFagn avn b~ er, ve i ®~~ee°ae~ r a9ss~ t ~ O.IE3 sa. 9 m~ try rarwv I n Bolus as am. p Cqo~+~' t t '~ aJ .s rnsw~anvav a BLOCK a ¢ }+~W$~ ~I $ ~~im~rila ioan ~ 6fg ®V ~ BLIJCK `l '~ r a >vcun¢c~n rianv o.nv. g 1° a IS t F` a ~~ ~Fl ' ~m "~ a ~ ,~...,.--- ---p .....__--- -------__~_- 1 ~~, rm ~ ~ aA~eea 1 t 3 ~~ it ~ ®8e9 k BLncK ~ ~ ~ c A aatAdrip}B'B Ta/1q® Aga6 j~~ i R•Cnw~ WIIW~I ~ M~iS~~W, wtHa. \~1' 5 &4.8D'@S' Y ~~ ` J~ I ®® q1Ia BLOCK 3 Rm W 1~ V8~ F 4. MOWABG"4F r4{An h~IID r ~Sm'&•A"V 499' ~ 7 ! ya srwr waoom A1'TENTtON Tr~~9~a s¢9 ~~w o~insresM°. r ~emr e66e m ara atscanma ew rs mmnre sour m>m Ino. ~,»..~ .. 9,~. ~'i ~~~:~~~- y.,,' ~4.{ Y a' F~ ,,,'~ i3 .+uw Exhibit A e9~3vgr r osY BLnCiS 3 r~t~m ~ staa+r~v r~...~Y ~? mtSTRtusetT ap. 1s QL~~ _~ PRQPERTY LOVE AD,1<ISTAAENT RECORD OF SURREY FOR MARL JOHNSON Pa[~6 ff a01~4 3 AID A fd IW~'S 1~ AD?1~ LMNS !I ~E pr i/4a ~ 7, Lxt, R.E9 BY, IE1~iiy, AQA Q]Nh; DIYD CQSTIFL?ATE ~ OV/IiP.ItB I~~~tmTlYTw wrYwOa Aww9t awry ®~caaaew 1wrI910p rnv Ow CEItTIFlCATC OF BYlEVE1P~ L IaPeea A. mos. a wao9 west nor I rA a 9aa1rl1la11L uo awn~.l9~ a m rns w uaw. nD Tcrt Taw wnutrr rseF1®~.eRl®ani mnrJn®arr wo~n.eu luT. vM~~ltlllwrwre+GW Var 4i w9aa warn aralm ar se®norowam AAlmab LC~1 •rsas~nr rm to lantac w ar lafp aa~n aan a06Mm ar or mo 9ma9w9m w raw a9, aA~m. .,.S F,° 9..'y Hall r. T[11,9'p. a>=s ra rw ° .. "~n3~,7 t °~ ~ f',- ~' ' QOUNTI' REGORGER'S CFgTlFiCATE ~.nva~r°e® 1 T1} tiw w8 g AT 4eat{S KIST raw o.r a o w~¢9 y e ~~~~3~~ 1aiv: ~S©® 0~- 4EG~a[D ~'~ ~.. ~~ 1~ I9ataw4NawVi!®Cw®IIF9warYaatl - _ _ ~~ o.AriL Srxwrrw ®auasesaufuuam o+v®nr:on -- Oa71Mt tatM11I9'J. Yi rwr r. wwa somas s r um • sna9at rwm. nrmmn erelarssw arn. 1,616!8 A sax aB~ Oa X~.rTQ.Y ~. ® R~Jd ~S~ ~ • MI®!!!•la Pa C ~ VY RYI AI • ~ 1a4" • Qs• w7i //Y alCy a Eae6.eam saa TtA111P6 LAt~ iYN@ we-mm=wsr c e~c reo. atFOr-4-o-o-os-oza9 ""° ~ p a ~~uaT, x~e a~ '~_. vr. ...., ~, ;;.,. `2~ li ~. y` '7f:-l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 '~ B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 CONDITIONAL USE PERMIT -SITE SPECIFIC CONDITIONS OF APPROVAL t;~' 1.1.1 The site plan, prepared by BRS Architects, dated 9/17/08, labeled as Sheets SD.1, SD.2, and ~~b ~"` SD.3, is approved, with the conditions listed herein. All comments and conditions of the accompanying Private Street (PS-08-009)) application shall also be considered conditions of the conditional use permit. ~~ ~ ~= 1.1.2 The landscape plan, dated 9/17/08, prepazed by BRS Architects, (included in Exhibit A.3) shall ~~ be revised as follows: °`~~``' ; a. A 25-foot wide landscape buffer to residential uses is required in the C-C zoning district, per a„ UDC 11-2B-3. There is a mobile home pazk located north of the northeast corner of the sit Ass e in a C-C zoning district; a buffer is required in this area. Said buffer shall be comprised of, .,;;; but not limited to, a mix of evergreen and deciduous trees shrubs lawn or other vegetative , , , groundcover; the buffer area shall result in a barrier that allows trees to touch at the time of ~:.~~ ' the tree maturity, per UDC 11-3B-9C.1. No gees shall be planted within the area where the ~r ,~ sewer easement lies along the east property boundary; shrubs and other vegetation shall be ~.~ ' planted in this area instead. ~ b. The planter island on the south end of the row of pazking in front of the building shall be ~ ;~ revised to be a minimum of 5-feet in width measured inside curbs, per UDC 11-3B-8C.2.a. _~ c. A 15-foot wide sewer easement exists along the east boundary of the site. No new trees shall '~ }_ be planted within this easement; existing trees may remain. Shrubs maybe planted within the ~~ -~~ easement instead of trees. Revise the plan accordingly. 1.1.3 The site plan, dated 9/17/08, prepazed by BRS Architects, (included in Exhibit A.2) shall be ~:,~:;;, ~ revised as follows: ~ a. The planter island on the south end of the row of pazking in front of the building shall be u~~ ~~~ ~~Y~_ revised to be a minimum of 5-feet in width measured inside curbs er UDC 11-3B-8C.2.a. ~ P y~' ~ 1.1.4 The applicant shall comply with the standazds for private streets contained in UDC 11-3F-4. A - ' recorded copy of the private street easement shall be submitted with the Certificate of Zoning ~ _ Compliance application. 4$ } ., 1.1.5 A minimum 20-foot wide driveway shall be provided at the south boundary of the site if 2-way ~~ access is desired. A reciprocal cross-access agreement shall be entered into with the property owner to the south via a recorded cross-access agreement. Otherwise, the driveway shall be restricted to a one way only access into the site and traffic generated from the beauty salon and ~.P ' the subject site shall exit through the subject site via Kimberlee Lane: A recorded copy of the ~= ~ cross-access easement (for one-way) or agreement (for two-way) shall be submitted with the ` Certificate of Zoning Compliance application for the proposed assisted living facility. ~.:-~ ~ 1.1.6 Cross-access shall be provided to the property to the north via across-access easement. A ' recorded copy of said easement shall be submitted with the Certificate of Zoning Compliance : application for the proposed assisted living facility. ~`~` 1.1.7 The applicant shall comply with the applicable standards listed in UDC 11-4-3-29 for nursing or " ~.._ ~. residential care facilities. 1.1.8 A Certificate of Zoning Compliance is required prior to issuance of building permits for the proposed assisted living facility. The proposed structure shall substantially comply with the Exhibit B ~ t~~ ~~: ~u1 Thy ~ ~'J~ ~~ t 4 r ~~~~ 3 ~ y t ~r~ fG"5• ~ ~~~ ll ~r'Cf~i. ~ k"`~.~L ~aµy4r '~ K' " '~ ~~+~ b~~ "}~ n~ ~ ~ i~ .. ~: ~i ~~~ ~i'~' - ~ ' - - r yy~1,, 3` }. aJ~~ h ~ _. I~ 3u r~ k L K_ - ~ I }. ~~,~,, - ~ ~t ~ _ ~ ~ ~ n T, ~ ~~~ ~yy' ~ = ~ ' ~~ wa:,itr rYtb'S ~~N'i Y+ 3_'~* C-' ~ t y .. r ~~ ~. i qt 2, ~` $ ~~ ' ~ ~~~~f~ - : r p~. ~ } .. ~~1 x»xfJk C,i ~a ~S ~`~~E t ~, , ^If{~ ~. . . 'T3 r~~ ;... 1 ~ L ~ ~ 3 ~. ~ ~~ J ~ ..t' F.tY ~:~' J'. tT ~ s, 'z ; ~.`r1~ y .. ~2 g ~ +ti. ,. t F ~ ~ i ~ . t ~',~~~~a , rsry w, ..a~ "`• <"' ~ ~ ~ ~ i .,,~ :_: , 1 r ~; ' F~" f~ ,;. w__ , <x;. 1.> _: ;~' t',:, -;;.; y~x~~. ~' ~4 X. `~J± t ay:':_, ~:`. _ ~ .. ~ r.,, , ~_ i 9 r:- ;~r. ., ~', - _,;,; ~: -: E i f ,. i ' A ;~ ~~ '~ 93 ~~~ .. $. ~ +t ~ ~:~ ~ ~;~tyt . _ , ~ _ ~ ~ ~ ~ . . ~_ ~' ~ z~ s` ~?'~ ~ }~'r..' ~ rL SS • -r ,, ~~ ' ~ : "~ ~~ _ ~ ~~ ~ _ ; ti t 1. ~' ;;s~~ P A r K~ ~~ «' . ry. ` s e s ~' f', x r ~r ~~ ' ~ ~ ~~ k ~ - b6~. ~ '. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 elevations and construction materials submitted with this application and the conditions of approval contained herein. 2. PUBLIC WORI{5 DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located on the east side of the applicant's project. 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 Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Meridian Road. 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 common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 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, asingle-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 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 or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to the issuance of an occupancy permit. 2.6 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. 2.7 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. 2.8 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. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.10 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. Exhibit B a< ~ 1 4 _ T~ k~_,, ~ C . ~ ~ .. ~ r .~ ~ ''~ }j ~. t ~'k '' ~ o (Ycr'~ d „: ~ r.>,c -= ,G w.yx ~ y ify,t~~ 'j3"p~t~?x "r ~r~yr~~e 1 ra :a ~- i ~ ~$ '2 .~. xa -h i!~T4.i;, {'~ _.~"„~~ r ~ r ; 1 frF~ ,r 4~'~i~* ~, y~.•~+~tf~~ ~._.~"' `~ _' Y. .;4 2K ; 5 I n4 V ~ ~1'.x ~t,~>i J`r-.H, 3> ~ ?G'~~tr:3':~~~b~S'`~'Jr'R~i~"~°~'4~"'°1 ~tiyA~r9~~'Yr~ti ~Py~Y~:` ., Ir ...a.. ~ ^t:r "/ ~,~~ -: q c <~~~ tit ~+; 7~ A '~ ~,I,~ ;:~.tp $~'3N7~d'~ a ~~ _ "4 - ` '3 ~ Wye } .~ Jv Lf '~1 z'-1 _~ Y L _ "+1~.~` '2~ dt it~`~~,~i ~~} ~~ ~ v r Ta.~~y4 T r~''~~~~~ ~q y ~' '' ~'t3' h f4 ~~ _ ~ tr i f il a '~ y ~. 'i s"36~f~. L ~ yltQ a} .f~,i ~ y s ~ i~ t Fr , ,~ ~~,y~` ~t ~ '~ ~ d 4! : y .~ 4.t1~"E: 3'~~- - i' ~S7 ~r,~ ~`- ~"-'. ~~ J' e fF?Y~~ A l w ~ ~ - , 4 :. } . ~ ~ .7 r i ~ i j .~e. ~ ~.~ ~. ~-ate a'~' 'f`~~'L 4t' .ry3° ~."~~.'+~ .. ' ~ ".;~ ,` G~ y '~ d^ ''7{' '~i1"c'~'Sf,`,~ae~,&'1 ' 3 ! ;~^~ ~se{~~~~-r~a',..~` ~~`~~" ~tv ,::+xs ~ - ~=4 r y 'k .,~ T 1- ~~.:n sr ~+a-. t• at-t Z~..1 ~'~~4^Y.41~"~,L ar ~,,`X aSr_` ~~: . 'S..~~t,~ ~ ~ - - E ~ - .,~.! ~r~~3. $+#"~~-f'..rn'(~.~. if T'tE~y'.E'~}i~a'fsY3t:{ fY;-~t ~a:?!r' ~~~ ,f-.i ~`? ,. .. *s z ryt _ F ' Vrf 4~~`'j ~ 7~'f yu' ~'at,.x,~l?`ft"Y '+ ;,-t ~t~ r ... i Y~' i.f ~ .y-' n.,~ a'~',-"•~ {`r't6;i 3} 1 ` ,-~ ~ 1~ ~1 ~, 'i ~:~yx-d ~. r ~. 8 ~','* ? _.: L ~ .. ~ ..4 ... ~ 3 1T Y ~ti ~ ~ f~lili. _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~ 2.11 Applicant shall be required to pay Public Works development plan review, and construction ~ z;s inspection fees, as determined during the plan review process, prior to the issuance of a plan U ; - approval letter. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permittin ~ g that maybe required by the Army Corps of Engineers. ~k H ~ ~ 2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building ~y,.` pads receiving engineered backfill, where footing would sit atop fill material. E~ ~ 2.15 The engineer shall be required to certify that the street centerline elevations aze set a minimum of =K-~ 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom ' elevation of the crawl spaces of homes is at least 1-foot above. r.c ~ `~ 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or f ~ drainage facility within this project that do not fall under the jurisdiction of an irrigation district - or ACRD. The design engineer shall provide certification that the facilities have been installed in '~.~ accordance with the approved design plans. This certification will be required before a certificate fir':'„ ~, of occupancy is issued for any structures within the project. '~ 2.17 At the completion of the project, the applicant shall be responsible to submit record drawin s g 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. i i, ' 3. FIRE DEPARTMENT ~ ~:~ ~ 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire De artm t ~-~: >" p en . a. Fire Hydrants shall have the 4 %z" outlet face the main street or pazking 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. '' ~xf,, e. Fire hydrants shall not have any vertical obstructions to outlets within 10' ~ i ~;.~ . f. Fire hydrants shall be place 18" above finish grade. ~° - -~ ` g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. ;; h. Show all proposed or existing hydrants for all new construction or additions to existing r buildings within 1,000 feet of the project. ~ 3.2 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 ~ .~ azound on streets greater than 150' in length with no outlet. e,~~,, `~ "' 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and ~~ ~'r shall have a cleaz driving surface which is 20' wide and support an imposed weight of 75,000 GVW. ~` `~ \ 3.5 erational fire h drants tem or ~ y p ary or permanent street signs and access roads with an all weathe ~ r~; r surface are required before combustible construction is brought on site. ~ ~~' ~ 3.6 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. ... Exhibit B ~~~b--LY~ ;~:.: ' ~a ~.: f ~ j~~ H„ i }~ x~;.~ a.3 ~-~~i ~; ~..V.i ., ~ d'. ,~~ f ., r . ~ ~ ` ~ ~m . ,, ; a ~ >; ., ~, r yrM H ~s~. ~ '•~ ~r'`~'~ r ~~a'~' ~ t~, ~~ ~~ ~ ~~~ ~ ~;~ ~ ~~' ar t;h~ e ~, •~ ~~ ,c r ~. , ~7< a ~r ~ ~~[-~4~ E ~i~. ~~ ~ t ~ ,gr~~Y Sk ~ ~ [ ~"~~ w~ Sf 7 '~! ~~~~~ ~ :, ~~ ~.' ~"~,~ ~ ~c ~'~'- H ~~ ~~/ ^~ ~~~~ ' T,~ ~~ ~s '_ ~ , ~. .'~ f~. , ~ ~~ ~r~a~ ~~- ~~ Y~ ~ 4. t A ` t~ ~ z R r:,~~~R CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3.7 Where a portion of the facility or building hereafter constructed 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). 3.8 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Waste enclosure gate locks: The applicant shall provide gate locks for both open and closed positions. 6.2 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft, clearance inside of the enclosure gates with the gates in the open position. 6.3 Waste enclosure bumpers or stops: The applicant shall provide bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 6.4 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Complete one of the following: • Construct one half of a 31-foot street section with curb, gutter, and attached sidewalk abutting Meridian Road. With the sidewalk located a minimum of 31-feet from the centerline of Meridian Road (measured centerline to top back of curb) with either a 5-foot wide detached or a 7-foot wide attached concrete sidewalk. • Construct a 5-foot wide detached sidewalk a minimum of 36-feet from the centerline of Meridian Road. • Provide the District with a road trust in the amount of $5,747 (209 ft (frontage) x $25/per linear foot x 10%) for the future construction of the sidewalk along Meridian Road as part of the Meridian Split Corridor Project. 7.1.2 Construct one private road (Kimberlee Lane) 24-feet wide located approximately 51-feet south of the north property line (property line to near edge). 7.1.3 Utilize the existing 18-foot wide driveway located approximately at the south property line. 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 15-foot radii abutting the existing roadway edge. Exhibit B l;R': Pl~:. ly~y Yn ^C1- ~i 1~ ~a._ .~ ~: . ~-' <. ~~.;~ ?~; ~: "E a~~ r _ ~~ -'r .S.~Y . ~:~ .;tom ;~~~+ .:, :'~i Viz: ~~~ ~~r r ~~.~ ;: i~ ,~.i ',y~'. I3x ~ if-; n t t ~4 , ;: .-kafF ~"`:t "~i"i~ r~xv < h' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7.1.4 Other than the access specifically approved with this application, direct lot access to Meridian Road is prohibited. ~? ~r. 7.1.5 Comply with all Standard Conditions of Approval. 7.2 S TANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. ~ 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be _- borne by the developer. 7.2.4 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. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing x~v~,~ by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. ~ ~„r; 7.2.9 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. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGL]NE (1-800-342-1585) at least two full business days w;,,., prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase of construction. 7.2.12 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. ;~,~ 7.2.13 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. }yea. ~~; ~' ~; ~ < ~~~> ~`~~_ iii a. w1.: H~,; 4~= ~~ ;, dra ;~~ ~:;~' ` SFr 4Y. :~ ~ _,~; t''~ y ,:~ 7: ~~, `~`~"; o ti~ ; ~,4 ~'Rs ~:~~~t .~': ~~. ~,a; ~~~._ i~'.~;; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. 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 Applicant is requesting a CUP for an assisted living facility in a C-C zoning district. The Commission fmds that if the site is designed in accordance with the site/landscape plan submitted with this application and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet all other dimensional and development regulations of the C-C district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission fmds that the proposed assisted living facility complies with the objectives of the Comprehensive Plan for the Old Town designated area. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission fmds that the proposed use of the property as an assisted living facility is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission fmds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water and irrigation is already provided to the front portion of the development where the existing home and office are and can be made available to the assisted living facility proposed at the rear of the property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Exhibit C ~::, ,~: >~€ `_~ ;~~: ~ ,~, ; .'"`'" :,; ~: `~' _. !f rl ' . .i F: 6 ,.';r 5 - " ~ > }; ..'_ ~, ~~ .; ~~ h ;z , - ; , ; ~:-~ ~;.~~' ~# z ' .~-< r~ +.. N~1 k ;~ ;.rte r ~, . , ;: ~ ~~ ~~ ~: ~.`~ ~'G . ti k~ '"° .. `F~ C~5 kvy'°, , ,p~x= r; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The Commission fmds that the applicant will pay to extend the sanitary sewer and water mains to the assisted living facility at the rear of the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Commission recognizes the fact that traffic and noise will increase with the approval of this development; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. h. 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 Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 2. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street name. The design of the street meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff does not anticipate any hazard, nuisance or other detriment from the private street if it is constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C a ~~ ,r ,::1, a ~~,. :G; r `'w ~: } _ ~.-~-_ <~a NJ _~ ~` -~. ;_ ,.fix :,~, '~~ ": q~ ~'S ~ ? ~,! ,; «_ _~-~.~ zy ,~,,:~ ., f,~, •i~' ,~,,;~: . ~~ ,~ ,.~. F; :;5~: F~~~,;~F :~ ~ f ~ $': _ ':::v_ ..~: November 3, 2008 CUP 08-027 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Eastern Woshinton/Idaho Synod of the ELCA ITEM NO. 3~D REQUEST FFCL for Approval -CUP approval for an assisted living faci~ty in the TN-C i3< TN-R districts; to exceed the maximum building height allowed in the TN-C 8, TN-R districts; and to exceed the maximum building footpri square footage allowed in the TN-C district for Beacon at Southridge - s/of Overland Rd, 800 feet w/o Linder Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ,n~ 1~V " CITY BUILDING DEPT: CITY WATER DEPT: ~ `r !(~ J CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. l7YiR'~!.. .It"" ~~" . ~ _,r - i J .. ~ v~S , . , _ _ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER F ~~'al~a E IDIAN~=-- 0~~-~~ ~~w' In the Matter of Conditional Use Permit for an Assisted Living Facility in the TN-C and ~~ TN-R Districts; to Exceed the Maximum Building Height Allowed in the TN-C district; and s.:`;,' to Exceed the Maximum Building Footprint Square Footage Allowed in the TN-C District, f: 4'' ''`'° ~ by Eastern Washington-Idaho Synod of the ELCA. J« Case No(s). CUP-08-027 ~, ~.;_ For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on `~s>z~§ November 6, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 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). CUP-08-027 Page 1 ~:,... "_-- ;r 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. '` r ~" 6. That the City has granted an order of approval in accordance with this Decision which , shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works :' .~,~, Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of October 16, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition _~w of approval of the application. ;; ~ C. Decision and Order r Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City `'-~ Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein {?~ *~ adopted, it is hereby ordered that: '~°~~ ~ 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A.3 of the staff report dated October 16, 2008, is hereby conditionally approved; and, -~- 2. The site specific and standard conditions of approval are as shown in the attached Staff ~ " Report for the hearing date of October 16, 2008, incorporated by reference. Y ~~; -x , ~~: D. Notice of Applicable Time Limits r ~ , 5 ' Notice of Eighteen (18) Month Conditional Use Permit Duration `~ t ~~ ~> Please take notice that the conditional use permit, when granted, shall be valid for a r= €~_ .~: maximum period of eighteen (18) months unless otherwise approved by the City. - ,, E : ~ D urin this time g ,the applicant shall commence the use as permitted in accord with the ' ~`~ conditions of approval, satisfy the requirements set forth in the conditions of a rov l ~ , { pp a , and acquire building permits and commence construction of permanent footings or ~'! ~. ~ ~. structures on or in the ground. For conditional use ermits that als ore uire latti the p q P ng ~ ' s - r .:..~ , final plat must be recorded wlthm this eighteen (18) month period. For projects with .~ ~. '= =: ~ multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the ~i f~ l event that the development is made in successive Conti ous se ents or multi le ~ Sm p . ,~a 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 ~m 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 r~ ~` ' : CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER -~ ~,.,::? CASE NO(S). CUP-08-027 Page 2 ~ ~` ' ,, ~ .N . t ~~ ; ~~ { 1 ~~~ J~, ~ ~' t Q, ~ t .~ . [Y~w Tc~ rs~, t 4^~ ~~ 7~'`t ` o ~~ F, T _ ~ . x~ 111 ~ ~.~ ~`F?k~~ .~. 1 fJ.~{,rl ..f.h:l - '1+.~. ~' i YY . . ~~$ 5~ ,.~ yy~y~/Y~ "~.l . Y't-~ fS ~ ' h'~ ~ J~ . ~;sy,~. { i , ' ~t x V t2 ti~~ s ~ ~, ti - +9 ~ x,~ . ~ ~ ~ ,~ N, ~,, ~ ~~~ ~ , ~` r;n ~ "~ ra f > 7.~ - - s "rc'~i~ p ,,~r ~~ 5~' k - ' --~4 .- s ~~~ a a _ v. L - r ' m~ ~' a ~ .mot .,. ,. ~~ .. ~~r ~ ~" ~- ~ .. . . '~. k j', _ Y . ~~ !~' llSS fix. , ~.. I' I ~ jY,. ' _ l ii i{ 4y ~ s..~ 4CMAJt ~. fir: -# ~ . «~ -` ',n -t .:3. .Y`} 1{, ~.- I .~ ~ /.. ...-~~ i ` ~~ v + FF 1 t , I x. k. 4: : ~ ,, it.Kr.~},W! p~t.r. . ~' A ~ ~, 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 maybe 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 filed 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 67, Idaho Code. F. Attached: StafFReport for the hearing date of October 16, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-027 By action of the P nning & Zoning Commission at its regular meeting held on the day of , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~i-~- COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL ~' VnTT~n l~(p/i Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. `~~,,,, ~ ~ ~ ~ ~~~ u~~,~~ L ~ a~G A~® By: Dated: ~ ~®~ - ~.~~ City Clerk's Office = ~ ~~, ,~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-027 Page 4 fa?„..,. ~; t~;... ~'~y :, ~ ~~ ~~~ , ~,~~, a:~~,= vF ~,~ ~;,~. ~. ~a ~,: t t LL !'~x~ -:yr• _, '. ,~:; vY ~r <. ~~: . - ~; t ++'~3 Gw.- s~~, , ~~> ;?~;:; , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Bearing Date: October 16, 2008 TO: Planning & Zoning Commission ~'`~ FROM: Sonya Wafters, Associate City Planner E IlJIAN%'-~' (208) 884-5533 9 D A ~ Q SUBJECT: Beacon at Southridge • CUP-08-027 Conditional Use Permit for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Eastern Washington-Idaho Synod of the ELCA, is requesting Conditional Use Permit (CUP) approval for an assisted living facility in the T'N-C and TN-R districts; to exceed the maximum building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. The applicant is proposing to construct an 87,757 square foot assisted living facility. A 4-story building is proposed to contain 139 assisted living units. There are two attached 24-unit, 1-story assisted living wings with a memory care emphasis located to the westlsouthwest of the 4-story building. This site is designed to connect to a future church to the east, which will provide access to church services and activities for the residents. A town center will be the center of the community with public spaces such as a caf6, club lounge, beauty shop, library, fitness room, and child daycare. Many units have decks or ground floor patios. Memory care residents will have access to a secure fenced garden with a gazebo for shade and outdoor activities. The subject site is located on the south side of W. Overland Road, approximately '/a mile west of S. Linder Road. The subject property is within the corporate boundaries of the city and was annexed as part of the Southridge development. (NOTE: With the annexation of Southridge, this area was depicted on a master concept plan to have a mix of multi-family and single-family buildings. The development agreement (DA) and master concept plan are proposed for modification to reflect the subject nursing care use. The DA modification is scheduled for a public hearing before the City Council on October 14`". If the City Council does not approve the DA modification and concept plan, then the subject CUP should also be denied, as it is not consistent with the approvals currently in place. Staff will provide the Commission an update on the DA modification at the public hearing.) 2. SUNIMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-08-027 for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on October 16 2008 At the pubhc hearine, they moved to approve CUP-08-015 a. Summary of Commission Public Hearine• i. In favor: David Olson: Dan Nudiker• and Van EI ii. In opposition: None Beacon at Southridge CUP-08-027 Page 1 v'~ = ~f-yi 4: s , ~° ~ - ,;. ': ' ~: ~; ~i z~ _~~ ~ ::~; .:.-.< ~ -~ « ' ? ~•~ y ?~ ` h:~. .s, `,~; ' - ` ~ ~, ~, -~ . ~.:,~ -' k b.~i ~_. `<~'; =~~= ".~' ` .x,. .. ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 iii. Commentinc: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commentinc on application: None b. Kev Issues of Discussion by Commission: i. The enormity of the proposed 4storv building heicht• ii. Discussion about the applicant's ability to comply with Fire Department conditions 3.12 and 3.18; c. Kev Commission Chances to Staff Recommendation• i. Modify conditions of approva13.12 and 3.18 in Ezhibit B to include " or as approved by the Meridian Fire Department in writinc " 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 027, as presented in the staff report for the hearing date of October 16, 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 Number CUP-08- 027, as presented during the hearing on October 16, 2008, for the following reasons: (you must 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 Number CUP- 08-027 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the south side of W. Overland Road, approximately % mile west of S. Linder Road in the NE % of Section 23, Township 3 North, Range 1 West. b. Applicant/Owner: Eastern Washington-Idaho Synod of the ELCA 314 S. Spruce Street, Ste. A Spokane, WA 99201-5823 c. Representative: Van Elg or Phil Hull, The Land Group Inc. 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 d. Present Zoning District: TN-C (Traditional Neighborhood Center) & TN-R (Traditional Neighborhood Residential) e. Present Comprehensive Plan Designation: Ten Mile Interchange Specific: Mixed Use Commercial (MUC) & Medium Density Residential (MDR) f. Description of Applicant's Request: The applicant is requesting Conditional Use Permit (CUP) approval for an assisted living facility in the TN-C and TN-R districts; to exceed the maximum Beacon at Southridge CUP-08-027 Page 2 r;~4~, ; ;; ~;' ~~~ . ',; ~~, r.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER I6, 2008 building height allowed in the TN-C district; and to exceed the maximum building footprint square footage allowed in the TN-C district. g. Description of Applicant's Justification for CUP Approval: "A senior living community such as this would be a great benefit to the seniors of the city and surrounding area as well as the community as a whole." See the applicant's narrative submitted with the CUP application and Section 10, Analysis, below for more information. 5. PROCESS FACTS a. 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. b. Newspaper notifications published on: September 29, and October 13, 2008 c. Radius notices mailed to properties within 300 feet on: September 19, 2008 d. Applicant posted notice on site by: October 2, 2008 6. LAND USE a. Existing Land Use(s): Vacant agricultural land. b. Description of Character of Surrounding Area: The surrounding area consists of rural residential and agricultural properties. c. Adjacent Land Use and Zoning 1. North: Overland Road, rural residentiaUagricultural land, zoned RUT in Ada County 2. West: Rural residentiaUagricultural land, zoned RUT in Ada County 3. South: Agricultural land, zoned TN-R 4. East: Agricultural land, zoned TN-C and TN-R d. History of Previous Actions: - In 2007, the subject property was granted Annexation and Zoning (AZ-06-031) approval with TN-C and TN-R zoning districts (Ordinance #07-1319). A Development Agreement was also approved with the annexation (Instrument No. 107074205). - A Preliminary Plat (PP-06-031) was approved concurrent with the annexation for 239 lots consisting of 189 residential lots, 11 commerciaUother lots, 8 mega lots (to be developed in the future), and 31 common/open space lots. - A Property Boundary Adjustment (PBA-08-014) application was approved by the Planning Department on October 13, 2008 for the creation of the subject parcel. - A Development Agreement modification (MDA-08-004) application is currently in process to eliminate the mega lot concept which requires platting of all parcels to allow for property boundary adjustments and platting. The conceptual master plan is also proposed to be modified to include the subject assisted living facility and future church and reflect changes to the alignment of streets within the site and Overland Road due to topography and ACHD requirements. e. Existing Constraints and Opportunities 1. Public Works Beacon at Southridge CUP-08-027 Page 3 {'.``"r °'~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Location of sewer: This project will sewer to the previously installed 27 inch Overland ,'} Road Re-Alignment Sewer Trunk. ;,;~.: ~' Location of water: This project will be served from existing water mains located in W ~4, ', Overland Road and S Lender Road. F; ; Issues or concerns: None 2. Vegetation: There are no existing trees on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: Two ditches traverse the northern portion of the site. 5. Hazards: No hazards are known to exist on the site 6. Existing Zoning: TN-R and TN-C 7. Lot Size: 19.62 acres f. Conditional Use Information: 1. Square footage of structure: 87,757 2. Hours of Operation: 24 hours aday/7 days a week g. Off-Street Parking: (0.5 parking spaces required peY dwelling unit, peY UDC 11-3C-6; 187 residential units are proposed) 1. Parking spaces required: 94 (based on 187 residential units) 2. Parking spaces provided: 149 (97 surface parking stalls; 52 underground parking stalls) h. Landscaping 1. Width of street buffer(s): '~ ~+ ~~~-•~- n..oa.,--a; '^ ~ ~+ ~----~ c--•-*~--~a---- None required if the TN-R zoned portion of the site is rezoned to TN-C (No street buffer is required in the TN- C district) 2. Width of buffer(s) between land uses: NA 3. Other landscaping standards: See 11-3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards of the TN-C district (UDC 11-2D-5): - Maximum building height: 45' - Minimum number of stories for new construction adjacent to any street: 2 - Maximum building footprint is 20,000 square feet (s.f.); however, other than retail, all other uses may be allowed a footprint of greater than 20,000 s.f. through the CUP process. - Minimum contiguous district size if 6 acres. - Administrative Design Review: NA (NOTE: The criteria for administrative review have not yet been implemented, but may be in place when this site applies for building permits.) j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed from one public street, Southridge Drive that is proposed to intersect Overland Road approximately % mile west of S. Linder Road. One 26-foot wide emergency access only driveway is proposed to Overland Road, per request of the Fire Department. Internal driveways are proposed for circulation within the site. Beacon at Southridge CUP-08-027 Page 4 ~~: 5 ~'~~ti ai''t ' ~ .tot , .s'j ~ r ti~ i'1 a r~ ~~ry ~ d ~ ~`~ , ,:~~, ;. ~ -,x y { i; f i ~ f ~W~ ~ ~~ ~' ~ C, - ~. ~ ~ ,~f~ 74tH ~F,~ rA.j •. _ 1 ' J < (r . . 2~Y G y Y ^_~ ~'~ ~'h~4n.~ . - 6t ei 3~ [ _ t ~:~if~ ti.• ~ ~ f~'i ; ~ ...f ~ } b t- ~3 :t ;A 4 _ ~~+~ Y 94y ~ f ~ry r ~~ ~ Fd J,' U 't` S' s ~ r - ~ ~ r, r-. ~Y ~~~ ~' ~~ ~V k~~, 3. rs iy-llne ~ P ~,A- k,. ~ S . x ~f ~ ~ ' ~~+C i y~+ ~ ~~ _ _ '3R'~ ~ .~` ~. ._, Tf , ~:3.TS u TS , - :7 tiji VG Z 31 r~~,ti. E ~ Y CKS y z r ..! ~- s ~ ;~ 1 A " - ~~,~t~ ~ ~~~~ r ,~ . r~;'^~ ti ~~~ ~ r:;. " ~f„ -~. ~Y~ ~~~ .~ 4 ' _- t~~_r vJ~ ~Jk3A Y ~~ t ' 1'iC t~TYt~ - ~. ~~~~~,~ +`' S . ~ ,~:. r a~ ~~~~ 7 ~~r~ t~ . ~~~ S Z f ~ .4 ~~ ~}.'" } - t s F " ~ ..; :~~. . 4. 1; 4~ ~~ +,, ~~t t x~ ~~~~~ y; ~ 2. .~ ~,~ ~~ , _~ ~~ ~+ - .~ ~ ' ~~ r~~~~ . .. ~~~ ~ ~ f~~ ~ ~ ~ ~ ~ . f '"~'• x~ ,~ 5 '$ ~ i ~ t:~ . ~C "r 5 . - ~~ ' ~: rF 3 _ 4: ;. a ~~ ~~~ x '' 1 f ~ . ~ ~~ ~ ~. ~~ ~ }, ;E~~v~ ~~ ~!~ _ . ~„ ` r; ~~ ~ ~ - `.~~ trti x' '~ ~, f " ~~ .. .. ~~.: t- ~ {~~ ST'4 3 ~ ~ ~~' r ` ~; ;~' 4, ~L ~~ "' s k ' +y ~~.. ~j ~' +~+5 _ ~ 1 ,~~. ~~ + ~~! W ~'~ ~ ~ xy 7~ ~i~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. COMMENTS MEETING On September 25, 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 Parks Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as within the "Ten Mile Interchange Specific" area. The specific land use designations for this property are Mixed Use Commercial (MUC) & Medium Density Residential (MDR). The purpose of the MUC designation is to encourage the development of a mixture of office, retail, recreational, employment, and other miscellaneous uses, with supporting .multi-family or single family attached residential uses. MDR designated areas are characterized by relatively low densities and a predominance of single- family and 2-unit housing types emphasizing ownership opportunities. Smaller two, three and four unit apartment buildings may be compatible in a MDR area but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 4-8 units per acre. Most developments should fall within this range, although small areas of slightly higher density may exist. MDR areas should be designed to be conducive to walking and all of the housing and other uses should share an interconnected sidewalk and street system. Higher density housing types within MDR areas generally should be located nearer mixed use or other more intensely developed areas, with a transition to smaller buildings such as duplexes and single-family detached houses as the distance from the more intensely developed area increases. See Ten Mile Interchange Specific Area Plan for more information. The proposed density (number of beds/units) of the assisted living facility is 9.53 per acre, which exceeds the target density of 4-8 units per acre for MDR designated areas. However, as previously stated, higher densities housing types are appropriate near mixed use and more intensely developed areas. To the east of this site on the southwest comer of Overland & Linder, commercial uses are planned; directly to the east a church is proposed to be constructed with phase 2 that will be associated with the assisted living facility and connected by a pathway; and phase 3, to the south, is proposed to consist of 4 brownstone structures consisting of 16 units per building for a total of 64 residential units. An elementary school and public library are proposed southeast of the site on the west side of Linder and medium-density single-family residential homes are proposed to the south. Staff finds that the proposed use of the property as an assisted living facility complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner: Beacon at Southridge CUP-08-027 Page 5 ,~1u J ~.ii 'Y t,f `. ~t ~~ rY C ~+t t t s s~~€i a~r~s~,~+~?~-s~"'r"'.>th a'~i~r'<~`tt ~ ~~ .A„~~ ~~r,~~ ~~'~{~ ,~, ~'~'tT. - - ~,•: ;: 1 ,.~ -.~ y,i ire ,.: 4 y, ~ ,.`-Jt '~E- ;r ~f-v .u tale r~'. _ .. +: ~ ~°~{~ ~ ,~. - = .I7t . ~ ,: c irz y ~ -yt J r _Y5r Y 5a.1 . _,ir ~ - ~~a car ~ b ~rol?.~ p ~~~ ye ( ~„ rk ~ 1 Y _ . ~t '~. 31F ~.j.`:A A -d~Sa. r.,~ t 4~ i ~ ,~~k Sl~~t~~ * ~s - ~1~5 4 t _ ~x -.4 J 1-fv 4 ~, 5~ ~ A i .z ~ ~~ ~r~ z -~~ i~ 6 ~~'Cc~~~Jr~1+..n ~~. '`~~,~cy~+pd~C'~~ ~' ~n .~.; ~H-.rt'i;~ ,%c Y ~... 14 .15 f ~.443~ Y ~'t F~ ~1 h lT:i~4 t f~ ~ 1Y„L n~.yT - ` , may i +i.. ~` S tip, } ~~ ~ ~ 5. r1 5 "~ a ~'^. "'.fi' Z~ ~ ~r~~r ~ ~'E-° ~r ~ 5tY' h ~~ A'p. ~f`~ d j ~. ~ t ~ ~.~~~x~ti""R ,~`~a~L~AF I~y~~ ~'My ( i ~ ~ ~~,,,. ri=- 3 _ R;:. } 4 3N ~'t~ l" ,.'~ #i:,At.,F ' tY.y~~7t3.4' 3 F '. c 'I . 1 ti `'r r ~ ' r •~ r ,~~"~~?~` f z, ~+ ` ' f1.1: x ~ i;? fi'''r t ,..y .~ ~: ~ 4 j4A~!i~ Y ~ F .. K' „- ` ~ t ~ ~:A YSf*'' j~,.~,r t ~' y` i 4~~ .y{ ~~~~ i r~ r .it~~ .. a' ~, ~ . .:, - `~,,~.~ " %, +, s1 t-~s~~xvi .{~ ~ t r ~ { .~; t ~ ~~~4i~ }'~.~yu# r l~th' ~ ' y ~5 ,~ .h. j ~ TT ,~{+v' x r ~ ~.t~'St.}~'r-~diq~ ~ ~~ FnSS"~~ ~1.h _w~.+L "~~"~ r ~~+£~~. ~t4/. ,a`.. i eot Y~i~l!Ai'']F'a~~` 4~`ti{iT I~ ~ 7~~ `,t 4.}.. .. . ~ x r " ~ ~ a ~t `E~ ~R~~~• -~. R'~~~ ~•tr 2 r-r ~" ~.~'~`4"s7~C} `~ , 1'rr7i`#`,R~k - 4 ~' ~`..q~ ° ~ r_3Fv. ~~ ~ i ~~ F~ } H ~ s ~ . ., , .:~~'t.'Yf :x ~ .Ya. ~ 1f[l~:.fua'/ 1 k, h:i?c '~. q ~ ` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ' ~ ' - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire ~.,^Y:: Department, who currently shares resource and personnel with the Meridian Rural Fire r'~ Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). Y' - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. ' ~=" - The subject lands are currently serviced by the Meridian School District No. 2. This ~~~~ ~: service will not change. - The subject lands are currently serviced by the Meridian Library District. This service =~, will not change. r~~r .~,.~ . • Insure that hi - uali ewer enc care rim ~ q tY g y , p ary, outpatient, home, and long-term care and other types of health care are provided in the community (Chapter VI, Goal V, Objective A). Staff is supportive of the proposed assisted living facility and believes it will contribute to the :~Y~`' variety of long term health care options available in the community. ~;:, - • Protect existing residential properties from incompatible land use development on adjacent ,,.. parcels (Chapter VII, Goal N, Objective C, Action 1, page 113). t ter ?''`~`'~ Staff believes that the proposed residential use of the property will be compatible with existing adjacent residential uses to the west and north. -~~'~ • Develop methods, such as cross-access agreements, frontage roads, to reduce the number of ~'~:' existing access points onto arterial streets (Chapter VI, Goal II, Objective A, Action 12). A public street, Southridge Drive, is proposed for access to the site, and other phases of the 3,` development, from Overland Road. This should help to reduce the number of access points on Overland Road. • 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 in compliance with the standards listed in UDC 11-3B-8. `n"' "~`i • Chapter N, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or ~ j industrial developments only where urban services can be reasonably provided at the time of ~'j;-;:,i final approval and development is contiguous to the City. ~~i The subject property lies within the boundaries of the City of Meridian and can be provided .;~ with City services. s<1 Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible k ~.,~ with existing and future 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. `~ s. w:i; 3;`~ _ 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-2 lists the permitted, "" accesso ry, and conditional uses in the TN-C and TN-R zoning districts. Nursing or Residential Beacon at Southridge CUP-08-027 Page 6 ~,~ ... . tt~~ r2:?~ ~i Z . ~ b ~ '~ r . rf `~`~A-~`~~ ~h ~j~~ i ~~ ~~ 7~ , _ _ 3 .,.' y 5~ ~ ~ ?/1r.,S µ~~ ~2~ . S ~ ..~'~i'9s~QY ~~: ~.bw. ~ ~CiL'F. ~, t '-,~ =~F f r~~ +.:~ Y} ~ A ~ ~{ j'~~ p'"4'~}~ L L _ .. .~: ~ ~ r ~z t ~* r ~ ;. ' ~, i l 5_i _ ~^nJ< ~ -~ ~~ f C hP t { l~ ~~ C ~ .~x3sc ~~N,i` f y,,a. .~ t' s.¢. ~ ` .::3 A E~ Y5~1ulr ~ K. _+~ fi5~ t . F 1'~~Y ~ yr ~ f~ Y ? ~ k ' x~ ~~~+ 1 ~ _ ^t k~ ~jd~f3~~ ~~~~ x ~~ { n,Ya9a ~ - y ~ J. ~ i~ ~ ~ ~ ~ ~~` _ ?.N s, vat, ~. ~ "~ ~ ~ tB 71 ~. ~ ~ • L~ yy ~s,~6. ; ~C t ~. j V C L~ ~5*'~ ~ r ~ ~~ f ~~ , ; "" ~'I v , r ~Y ~ ~ ~ ~t ` ,. k r ~ ~~~~' '~ ; ~~,~ - ~ ~if, Y l F .~ ~t ~~ a z ~~,~~ ~~ s ~. x~ ~: r,. _ T~,~- °'>~ ~, k r, <~'~~ ~ ,~~,~~ , ti: F t; .n ,~ ~ - ~ ~~~ E r ~ .~, ~ ~ ~~r ~. v .~ k~~~ ft ~ . y~~ . ~ i j ~ t } f` ~n ~- 4.. +' k }_ t ,:~:: =,r, :. v~ ' ~ ° ~~~ ~ r .ryr `+ '~ s' ,, _ Cik ~~ ,.~~} ~.~~ ~r~' } f. r ?-, ~ ,~ :~ „~' a ~ ' ~~ ,~, r ^~=' , ~ ~ u ~ ~~ ~~~ r ,- 4 ~ ~'E 4r ~ 2: ~ r - ~1 . i ~' " h:• ~ ~j ~ ~ ~~ 1 ~. ~ . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Care Facilities (assisted living) are a conditional use in both the TN-C and TN-R zoning districts. b. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects. are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant is requesting CUP approval for an assisted living facility (nursing care facility) in the TN-C and TN-R districts; to exceed the maximum building height of 45' (measured at the midpoint of the roof per International Building Code standards) allowed in the TN-C district to allow a building height of 56'7" (measured to the ridge); and to exceed the maximum building footprint square footage allowed in the TN-C district of 20,000 square feet to allow an 87,757 square foot building footprint. The site is currently zoned TN-C and TN-R and the proposed 4-story structure spans across both districts (see Exhibit A. 7). The TN-R district does not allow an increase in height above the maximum allowed of 40', even with CUP approval. For this reason, Staff is recommending as a condition of approval of the subject CUP that the applicant rezone the TN-R zoned portion of the site to TN-C, prior to applying for certificate of zoning compliance for the assisted living facility. Because the applicant has already submitted the rezone application (a public hearing is scheduled for November 20, 2008), Staff is reviewing the subject CUP based on the dimensional standards of the TN-C district, assuming that the rezone will be approved. Dimensional Standards: Staff has reviewed the dimensional standards listed in UDC 11-2D-5 and 11-2D-6 for the TN-C district (listed above in Section 6) and found the site to be in compliance with the required standards except the structure exceeds the maximum building height and maximum building footprint, which are the subject of the CUP. Staff does not object to the requested increase in buildingfootprintavd building height. Specific Use Standards: Per UDC 11-4-3-29, the following standards apply to nursing or residential care facilities (staff analysis in italics): 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 construct a new building for the proposed assisted living facility. The applicant shall comply with the Building Code requirements for this occupancy class. 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. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: (Not applicable) Beacon at Southridge CUP-OS-027 Page 7 ,~ f ;,x ~ ` ~~ ~".Ir'i'~au , ~ ~ i' )Y~FGa # ~•, ~~ ~y1 ~ z;{C ~ _ *,i~. yyy F F ~; ~cia. u.S~3~ y. ,.' ,r ,~tii~~~ r y.. -. 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F ~ ` s - :.`. r him r ~ ' t 1~~,~a,~''14Kat ~~~~>sb h ~s4 ~~' ~{ :'~~#.- ~ L '}7 -~ ~ a a 4 , ~s .~ i tJ. ~ a ar .~/bi.~k~'II., 1~. z` ,~ ~#-^ ~ ~`{+2~. sN ~~' L~ t..i;. •2. ~ c ~ o ~".< - - _. - aF ~ +~iw r i'f ~ ~ ~ ~> ~:'t. ~~hik.`+'~,'X~ ~!~ r .,~t~~+~a r -' ' ~~~~ ..RR " ;- ~ e, n.i ~7 rl ,a ~1 Y. f~ ,t . ~ ~*i' ~ aS f~r z ~%. yF d ~~ ,. .r ": b ~., .ai ~. .Jsel,i. i.:..-_~.,,. .._.~~ tiv_J.'Ia u; i.i /4AALLU ~.tw.,:wJ..u ,_ ~. ;, ., ;~ <.;~, ,~~;; `~ '~:~~ w~. ,.. ,.a ;~;;,: =;_ :°:z _`Y, `;~.i -~.- ~_ .ak', i'~ w ~. ', ~w~: -~~- l}'~' i `~<~5 ;~_w::~ ::;^x 'i- ,:- :- N°~ ° ?~~ ,,::~: k~;' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') non- scalable fence to secure against exibentry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yazd or within any required yard. 3. Outdoor play azeas in residential districts or uses adjacent to an existing residence shall not be used after dusk. C. Additional standazds for uses providing caze to patients who suffer from Alzheimer's disease, dementia or other similaz disability that may cause disorientation: Abarrier with a minimum height of siz 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) Because the facility will contain one story assisted living wings with a memory care emphasis, the applicant shall comply with this requitement, as shown on the plans. Design Guidelines: Per the Development Agreement approved with the annexation of this property, all development in the TN-C district that has frontage on Overland Road is subject to design review approval. Because this site has frontage on Overland Road, the applicant shall comply with the design standards in effect at the time of Certificate of Zoning Compliance application for the future structure on the site. Building Elevations: Building elevations for the proposed building were submitted with this application, prepared by Pope Architects, and are included in Exhibit A.6. Exterior materials aze proposed to consist of cement boazd horizontal lap siding, cement board shakes, and cement board with batten, with manufactured stone accents and profile asphalt shingles. Staff is supportive of the proposed elevations and construction materials as they represent high quality design and materials. The future structure on this site shall substantially comply with the elevations and construction materials submitted with this application shown in Exhibit A.6. Access: Access to this site is proposed from one public street, Southridge Drive that is proposed to intersect Overland Road approximately % mile west of S. Linder Road. One 26-foot wide emergency access only driveway is proposed to Overland Road, per request of the Fire Department. The Fire Department is requesting that bollards or an electric gate be installed at this driveway to restrict access to emergency vehicles only. Internal driveways are proposed for circulation within the site. The Fire Department has included a condition of approval that a third access point to the site be provided with phase II of the development (the church site to the east). Staff and ACID ate supportive of the access points proposed to the site. Parking: Per UDC 11-3C-6, 0.5 parking spaces aze required per dwelling unit; based on 187 residential units, 94 spaces are required. The applicant has provided 149 vehicle pazking spaces on the site (97 surface pazking stalls and 52 underground parking stalls), which complies with and exceeds this requirement. Per UDC 11-3C-6G, one bicycle parking space shall be provided for every 25 proposed vehicle pazking spaces or portion thereof. Per this requirement, a bicycle rack capable of holding a minimum of 6 bicycles shall be installed on the site in compliance with the standards listed in UDC 11-3C-5C. Site Plan: Staff has reviewed the site plan, prepazed by The Land Group, dated 7/30/08, labeled as Sheet C2.00, submitted with this application. The following items should be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: Beacon at Southridge CUP-08-027 Page 8 ~'~~;s. ~~%~ ~~z. ;, ;: ~. r ., ';; ,, ~,;~-. . x; ~a <. }~ _~~~ ;'~;~' ~_-: ._~. ,, ~':: ,,:, .,~~.- ~.` Y I 1a , ry r, ~^ -t~1 -~s~~°~5 ~K; ~~;~ F ~_ R: ~~ ~. _. e a ;_ ~~ ^ . , "~~r:~ >: ~~ +c. ~=; ,3, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 • A bicycle rack capable of holding a minimum of 6 bicycles is required to be installed on the site in compliance with the standards listed in UDC 11-3C-SC. Landscaping: Staff has reviewed the landscape plan, prepared by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, and L1.10 submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: ' • One tree shall be added within the planter at the east end of the row of pazking in front of the assisted living facility, per UDC 11-3B-8C2d. Existing Trees/Structures: Staff visited the site and there aze no existing trees or structures on the site. Ditches/Canals: There are 3 ditches that traverse this site. The easternmost ditch was allowed to remain open as a water amenity with the annexation application. However, the applicant is now proposing to the it. Ponds: Four ponds are proposed on the site. Per UDC 11-3B-9C.6, open water ponds may comprise up to 25% of required open space area. All ponds with a permanent water level shall have recirculated water, as proposed, and shall be maintained such that it does not become a mosquito breeding ground. Fencing: Fencing is proposed on the site for the memory caze units (see Exhibit A.8). Because the assisted living facility will provide caze for people who suffer from dementia or similaz disabilities that may cause disorientation, abarrier with a minimum height of siz feet (6'), along the perimeter of any portion of the site that is accessible to these patients shall be provided, per UDC 11-43-29. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. Proposed fencing shall comply with these standards. Hours of Operation: The applicant is proposing a 24 hour assisted living facility on this site. Staff is supportive of the 24 hour use for the site. Certificate of Toning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of a building permit for the proposed structure 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 shall be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-08-027 for the Beacon at Southridge assisted living facility, as presented in the Staff Report for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on October 16 2008 At the Aubhc hearine. they moved to anurove CUP-08-015 11. EXH)BITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Conceptual Master Plan (Development AgNeement modification in pNOCess to modem the master plan as shown) 3. Site Plan (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) 4. Landscape Plan (prepazed by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, Beacon at Southridge CUP-08-027 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 and L1.10) 5. Floor Plans & Underground Parking Plan (prepared by Pope Architects) 6. Building Elevations (prepared by Pope Architects) 7. Zoning Boundaries 8. Fencing Plan for Memory Care Units B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from the Unified Development Code A. Drawings 1. Vicinity/Zoning Map Site Beacon at Southridge CUP-08-027 Page 10 k: '~ ; ,.,k `c,`^ x~ *r ?~~~,:! ~`~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Exhibit A Page 1 ~n c, F~;~ ~+. r~ ~ ., "~~" ,~k °~~~ ~;.;.~~ s .~r~ .~~_ y:~ ~. } 2 T ~ L ~ '1 ~~~.{fi ~, r.~ i~-, . nF' = ~- Exhibit A Page 2 1 t r:F t k i 4< ~ . try~~ t3 y, >3iG:S~ ~` ` ~u'Fyi +, ~r 2 ~. r, : ~ §erf3F ski "~~',~ c t-~ 1 : `,y,,, ~~k =~ a,. ~ ,:Y:~u ~"'~ '''y w rY :ts4t 5 ~~~ ~~~.%; r R;Pri r ix~ .,<K ....? -, ~~~~ s _ '~' ~;,~` -.E ,~ ,: ~~ F~~ ~ ; t ~~ ~ " ~ ~ ~F s .~~r. ti~`''~}~ r,~~ p, ~ _ .` `=~~~. ~ . ~ E tt~,~ 5~ 3' .t ~'~ Y f 1 ~> ii I i2''~~` y,~, y~e 7, W,FTP~3c i'r5 {•~ I 7 ~~~"' c c t ~ ,r°d -~,a~~tr t rC;rS. - <. ,. ~+f:~ r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. ~epesec~Conceptual Master Plan (Apnpoved with MDA-08-0041 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Site Plan (prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00) ~~ ~~ ~~a~~ °_" '~® Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 4. Landscape Plan (prepared by The Land Group, dated 8/11/08, labeled as Sheets L1.00, L1.01, and L1.10) 7H6 B6ACON A7 SQV[~tIDGfi Q 11LQl71AT~19 v DEfEIr~NPN~OdYM018 d ... °~ c,~~.::°. .. : Y, ~,_. - - ~ ~ - - ~ f ~~ _ s 8 ~. . ,.~... ~~ ~ ~ ` . ~ ~ ~ - e - . ~, -- ~ . ~ „~~ ~ , ~~ ~ ~ I ! ~eves~-_! ..._NOr~ ~ ~~ s ~ ~ ~~ . Schematic Landscape Plan I® • ~•~._ ~- .. ® ° ~ L1.01 Exhibit A Page 4 't~,. S.; ~~x~2 .w, .t ?~ sy' _: ~-~%: ;:'~~; F~Q,i~. 6~. r .> S, `', . v a .. ~ V ~t, t ?Lfi; , ~ j'?'~i µ .'',;'~: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~ ~ m j G ~Q 47af.JA ~ ~ ~••~~.,• ~.2l1~ 5 ~ L. 3 V GR071NOCLIVER PLANTfNQ ,~,.~ ~ ` ~. ^'~ SI® ~fdT SPA4INfl ~ III Exhibit A ~•: ,, ~.4 ~~. ~:_; ,~q, ti, Page 5 ::; ~`~4 H H C ~ E ~ ~ E C C F F H H C E w G A' "'~~ ~~ .F e ~ ,y w°q,TO. ',~'~ ~~,m F:. r2 ,:;{kt x ~- ~ ;:: >. f hr.~ 3 s': `i [_ o- .. a ' ,'7 r 7 ;w.. ~:. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Floor Plans & Underground Parking Plan (prepared by Pope Architects) FF~htT The Beacon at South Ridge - i - Meridian,fD .v oo. I mnwisyinu amss.aao~s rm,Ea ~~ The'Beacon at South Ridge • • Meridian ID ~,.,~..e i ~ ~a,~~,L„„now Exhibit A FOURTH FLOOR LEVEL H H C G E E E E C C F F „~.. rim :. C Ea. THIRD FLOOR LEVEL o zs sv iov ~ /~, ~~ fLVMEN .gig ~~ P ~°j°w w~m,, man C ~9°~ ~~ F a H w`~m ~;~~ ,,,oe ~./ o ar m im '/~, ~"~~ ll L~r1 ELVMEN' ~~. Page 6 I ~a i ~y 4,i„ ~,.~ r yl u~ 4~~t1~~. G x~"..'T lj aHd-. ~-~ '. ~': ~ i i ~c ~ t~:.k'itSYf .,,~ .,' ~y ~F" ~ ` i ~ ~rti> ~. ~; =7 ~, - ~ • r,s '~~- °`aviz'~ ~ r ~~' y t.~~~i 1 Ya A ~~ ~; ai ~ k.y, V. Y -~~ ~ _ F~'L°Sf s ''~ ~3 F a ~.?~;, z i, ~. ~ ~~~~. ~~ } ~,~,~ !1'~ ~' ~ ; 'r'[~, v.t ~ - ~ ~ ~ r, fu~~~r ~ • ?,`e " 4 i 5. ~ t1+ 4-$^1 ~ 41 .T f f } ~~~~ 4 ~ pf+be `.~., xf - ~~ ~~f~ .,;} ~~ 'a?` Fr= d CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 PftOhCT The Beacon at South Ridge • • • Meridian, ID i~oa I COMMISSION aYxft-ufluis UNDERGROUND PARKING LEVEL o zs sv los .r1..~~r aare PRUIECr The Beacon at South Ridge • • • Meridian, ID max Ux 1 fOMMl441UN otn::.0eo» I~r~ ELVMEN ',. 1'~ L2 ', ECVMEN' I ~,enu~'rm+v Exhibit A Page 7 ~~.. 4 a d :,. s K_....~, -' t'+!_ ';A;' s,~;i- ~ ~ i.l 2:j ~F ~~-'~~~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 6. Building Elevations (prepared by Pope Architects) ~~ RB~F-.® APPNpLT ISTEIyT BOA@5 Ytl.F9 f(01[4RIf01.3~APAP 8mAV6 Q7'BR BPOfA AATiI \\\\ @A/R/pi Y _ _ LEI , i73 ; AI , ;1-I ~, _ ^ - _ . , ~.~ _ ~ ~~ i 8~' ~ Cli ~ ~, , ~ II7 ~ _ _ ~ 11t ~ 11I:, ' ~ 'i If TIf fft IIt ~C# r- '~, ~ ~ ~,, B3 ,~ ~ ~~ ~ ~ ~ ~ I11 ~ ~ ~ ~ ~I j . ~ ~ I ~' ,_ n , t~ ~ 1~ 1~; ~ .} _~ ~ _.. Iii ~ 1~' ~ ~ ~; 1 i '~ ~ ~ - ~ ~, ~~~~ ~~ i~ f[VMEN y I: -a?~~ ~, ~~ (,yyC ~ y~.- sic^~. -ic ~ C ~, ..-®,5 a.. ryroJER The Beacon at South Ridge • • Meridian, ID wu COtAMISLO~pL>5i-aeon -__ Front View - ~ _ ._ - _ m --a Courtyard View Cb ~ (~7< -~` ~ ~- Front Fntry miaECr The Beacon at South Ridge m•n.oal <ornMissiun a~~a.oaozs Exhibit A Page 8 ~` ~ ' i'~ u'~' R~ ~ ' t~r _. L ti Y,- f i T ,r ' t r ~F• ~y 'v`, ~r ~~+h <.. t t '- ~s ~~ , F : ;T, ~ ~;~ ~ + t .-~. 3~f~ t;r G '.... RS .f Y Y9 _ ~~~~ f~~ ~~g~ ~ '~ ~ ~ ,3 ~~~?~' ~r i8~~1 fx, .S £~l'r ~~.+' ;fi t ntMtt r y rte:. ~w. ~'«~° { w ~ ~~5. ~ F _ - 's h ~,~>~ qti~ ~'r;~ 8 ~~ ' i ..__ ~ n r` ~~X i` d ~, 1 a ;;~. a >' - ~r-- W~dmm CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 _~.'° '~ ~~~ ~ ~ ~ _ J i ~~ ~ / 4~ ~ _- ~ , 5 ~. ..... View from Southeast Vlew from East ! YV ~ ~- ~ ~ ~- ~i View from North AROIECT' The Beacon at South Ridge • • • Meridian, ID OJ~z3AS { COMMI551oN oxlisbO80x5 View from West ~. ~y -~ ' i`w .,, f -~ ' +,~ ~~ ECVA.tEN Exhibit A Page 9 :,~~~ .~ ;Y ~~~.~ E~ ~~^ ~~!~.,11 -: ~: ~t' +'~ ._~~_ ~t~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. Zoning Boundaries Exhibit A 10 Page 7 ~ ~~-zs 4i'-. 1 !I .. _ -, . f~ ~ ~ '.i y 5 ~4~~1~K ~`i'{II S`1:~-_. ~'.Yif .:,. .~ .. ~I'n~'t i .~ .' w~.,Y.. ~~ ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 8. Fencing Plan for Memory Care Units ,,~~ ~ ~ ~ ~~~ f ~ i ~~,_ ~ ~ rn'i'Tfi ~ ~, ~~~- i,. ~ r d it n- - -- ,~, ~ ~ r ~ ~ ~ rtvas~ ~~ ~ ~ ~ - - ~, ~, W O ~ A- ~ f'i:u®g o'' w. s jgjpg ,~ ~ ` M`" ~,tt ~~ ~~. i ~ 1 ~, ~` id w u ~ ~ r 'ter ~ r ~yi. ;. _ _~~ "`i~~Ml t?' ~fd ~1ifiPr~. Tbi-Yd ~' - n r ~ ~ pia ..~I 11 ~ ~r4 I l fr~a~~ ~ Fl ~._,t u - ~ ~~ 'r ~ ~ ~h- ~ It li^n ire ,mdt r5 ivg '~ ~ ~+ ac '"S '~~.. ~ ~ ~a LS t u I i~~r_ ~ r Uud~ilc _ 194' :~-' .c+~~`C~,, ~'- °4 R. ` ~4. ti ~ may. ~ ' - t~' }1. ~+y¢, . 44~ "+4 ~ ~ __ .111 ~ ~~,',t 1 ~'. -- - -~-- _~~ - - ~ ` `,.~-.c-~M?A:EST+~'MEfiL,4ilCrtistaASlP -s_ _ . _ _.._n _~._- ,.. +'° ,. ~.~~uc4 i' f~"~~li~~.'T T~~~ ~~~~~r~ ~~ ~~~lt~ f~~d -y.`r~ye I ~f=~„idsdF~;al~E~td~sl;+~~.r~~.~;,~~ ~~ ~~~~1~..~~~..a= Exhibit A - Page 2 a •. y.,.. ~ s x:,v r.::;;~ ~~ ~~ . 4Q4Q i r ~ Y~#~ij:hS t~ t~.Fl ~~~ lr,.~.--:~ ~..a ~'`~ x 7 '-k yd t ,h ~ ~:~ 4 ~! R r ~ ~~~~~ y ~'~' Y~ ~4 `~I a4 ' pv F ~~~ N ~.:~(;' ,`A- .-< ~-: ,' ~ t ,t ~s s I ".~ ,, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 B. Conditions of Approval _~, 'y 1. PLANNING DEPARTMENT 1.1 CONDTTONAL USE PERMIT 1.1.1 The site plan, prepared by The Land Group, dated 7/30/08, labeled as Sheet C2.00, is ~:.~`'"' approved with the following modification: ~~ • A bicycle rack capable of holding a minimum of 6 bicycles is required to be installed on the site in compliance with the standards listed in UDC 11-3C-SC. .b,9 '~ 1.1.2 The landscape plan, prepared by The Land Group, dated 8/11/08, is approved with the following !` ~:~ modifications: ' a. One tree shall be added within the planter at the east end of the row of parking in front of the -: assisted living facility, per UDC 11-3B-8C2d. ``' ~,,~~ 1.1.3 Buildin elevations for the ro osed assisted livin facili shall com 1 with the elevations g P P g tY P Y shown in Exhibit A.6. Building materials shall consist of cement board horizontal lap siding, "- ~:'LL cement board shakes, and cement board with batten, with manufactured stone accents and ~, ~',^ profile asphalt shingles. at a minimum. 1.1.4 All of the assisted living portion of this site currently zoned TN-R, shall be rezoned to TN-C ~_ ~ - and the amended Development Agreement (NIDA-08-004) shall be recorded, prior to submittal of a Certificate of Zoning Compliance application for the assisted living facility. 1.1.5 Per UDC 11-3B-9C.6, open water ponds may comprise up to 25% of required open space area. j `~ f, .: All ponds with a permanent water level shall have recirculated water as ro 0 p p sed, and shall be maintained such that it does not become a mosquito breeding ground. ' : +. 1.1.6 A barrier with a minimum height of six feet (6'), shall be installed along the perimeter of any '~ portion of the site that is accessible to patients with dementia or similar disabilities that cause disorientation, per UDC 11-4-3-29. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. ` 1.1.7 The applicant shall comply with the design standards in effect for the site and future structure on "'" ~` ~ F.~, ~; : , the site at the time of Certificate of Zoning Compliance application. 1.1.8 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 a building permit for the <~`_ proposed structure on the site. 1.1.9 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed structures. A temporary Certificate of Occupancy may be obtained by providing surety t: , 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. -y~ 1.1.10 No new signs are approved with this CUP application. All business signs require a separate sign ;;~-:Y' permit in com liance with the si ord' p gn uiance C 11-3D . ~~~, (~ ) ~ ,~1 1.1.11 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of ,~F:~ approval, a new conditional use permit must be obtained prior to operation. 1.1.12 The assisted living facility may operate as a 24 hour care facility, as proposed. t `ri ~~ 1.1.13 The site shall comply with all of specific use standards in accordance with UDC 11-4-3-29 for nursing or residential care facilities. :Y.~ 4: ;;: ~R ~ .'tiSS...,.,i: :: .;kr. it .;Xy;*~, .. ,:i '': ' .r ::j: : ~ ~` . . k'n2 ~. : ' ~': ,~ .i~y'~. .e:: , .r1 ~ ~ ; t4. . ,. ~., ~P.... 0 . .. .. .~.iT ~F :' .. ^ ,q, , .. . ~ .. .,,1. .. ..y. v .. i .. I •. ...• n U ~ . t :. ' L .. „ ~ '- g _ 3~ ~. C ~ 5 ~ . }.l J.{"~' '~1 ~ ` 1 ~ r .af .. . . i ~. ' . y . .. :YL• 1. ~ `` k4.. ~ ~ r} S .Y. 1 Y { i }Fl K~ 31 ~'{F~ ~~r1'. ~ ~1 ~. GA'E.$~Y ~ '• rk LL ux ~n "fr ~ ~~, 'I~1:• , 3 ~",S`F~ .yJ' ~.~n';x``7 :5:Y. ~l 'lf iiI ~ / 4 . . a ~.er.. ~s' ~ "~ f ~ r ~ y.~ . ~ .'{. ~ r 8f^H ~ ' 1 '4~ ~'~ F . ' ~ 4. t _ s • .ts . +/ . ' sr° w ;' , ~ . s 4 r i ~~~ cr 'hii~ ~ rc z ? . ' A d f~ .S t. ~K-~!"^" .t. ,~~ ~1'W l ~>1 r r . .. ~ `~~ ~ . ; S . 1 .LIST ~~ f p ~ S Yr~ y'4 F ~:r. #S•~%13 ~~ ' "4° w . . 1 ri .a ' ' v . ~~i .r Y • t~ ~/'. 1 '.. s ~. seq , .: ,'~ ,n`~: ~a :.@- ~. ~ •.t,+;~^:.~ i: ~• '~a 5 < . ~ r t r;.:., ":;~ • . F r : ._ ..~ 5 y~,.: : .. ~'y' f` ~ t ~i M i . spa .. .. Pa~ 6 , ,. i ~~ y,{{ ~4+:r[g:. ,% v ~ ik . L4 r ~ ' " Y p:k .. , f3. . :. : n ~ P . ~yl i + M . •: yA_ F ~ 1 '~ . ~ : ~~ > ^{f ~ r y . ~ t tiY 'j`~ ' ,+~r•': ~ a ~ .`r ~. .•7`n. °•~,~. .4, .. ~~r•.lj; 1.. t j`~ f :s~ n,. ~ ?..',¢ .~ ~ ,y , , . ~ ,~ , n . . : ' , : .. • 'n "~5~~'° ~ ' "~ " ^r ~ ` Y~'~ sYl:': yes ^.~k~ i :Y,}. 3 ~ . . ' a; Y.t a. . ,' ..r, ~ ~ a . ry , u' 4a d ~ 'F :s ~c ~ ` * ' ~ .t -~ .h s „},Y a .; A { {, l R_, : 1? :;C,',T v ' • : , ~ ~. . .. , ' V ~ ;•. is t 4 { 3' , t~; $ g'.C R. ~ ~ ~ Y,'i Y ~R ::F+~1'°l1s . y l .~ Y•Y. ~ ), .i .. .z. ' ' y, , I '.:', ' .. . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 1.1.14 The applicant shall submit a copy of the Health and Welfare license with Certificate of Zoning Compliance application submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Overland 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 Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Overland Road and S Linder Road. 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 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, asingle-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. 2.4 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 or non-approval. submitted to the Public Works Department. 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. 2.5 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 maybe 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. 2.6 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. 2.7 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. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.9 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. 2.9 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. Exhibit B Page 3 ~~~. ` - n-~ ~ ~. 7'' y ' ,4 ~ p , ph . E { i ~~~~ y .^ it ~ k 7~';`y ~ F+~r ~t ~S ~l .a R } 2'Si Y ,~ i .,y+i ~~. a(.f ~ ~~ r3 liT .kJ,~,i:J .L4i.,~.y.~E ~ ~ ~ l/ , i qs~ v~ hY 1 r ~ ~~ ~ ' ~V { ~ ~ ti y {~~ ~~ ~Tt _ 1 `~. ~ ~:~-rrf~ y~y ~ '_ t?r'~ d"- t~ l ~ 1 :~xt~r x2i,.'.~~ E Y^~ b,~ t . ,, ~ ~ ~}'t?ar o,a n f ~a ~~ t E' E rt-1'~~ ~~l hr ~ u .:~:~~~7 , w.i~.jj. ~ e~ 1 . ~ _ r ~~ ~ ,yx` 1ri ~ ~" ' ~S','.~ Y ^l:F I ~~~7~ N .. L Y ' ~ - l~'},!V Y ~ j ~ - ~ - ,~ ~~~3r~ - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2.10 A licant shall be res onsibl I :-~; pp p e for application and compliance with any Section 404 Permitting '~ that may be required by the Army Corps of Engineers. z 2.11 All grading of the site shall be performed in conformance with MCC 11-12-3H. ;aL `r~ 2.12 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. ` .'- 2.13 The engineer shall be required to certify that the street centerline elevations are set a minimum of `4 ~ 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom =' elevation of the footing is at least 1-foot above. Ai 2.14 The applicants design engineer shall be responsible for inspection of all irrigation and/or ~ ,~s drainage facility within this project that do not fall under the jurisdiction of an irrigation district , ~ '~3 or ACHD. The design engineer shall provide certification that the facilities have been installed in ~~'%~s accordance with the approved design plans. This certification will be required before a certificate ~ of occupancy is issued for any structures within the project. ' 2.15 At the com letion of the ro ect, p p j the applicant shall be responsible to submit record drawin s ~ ~ ' g 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. -~'~. "'~- ~ ~ ~ 2.16 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 '~ Y ~ ~ locations 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 5 {. contractor shall obtain design and permit from the Public Works Department prior to A .. ~ ~~ ; commencing installations. . =~ ~ ,~~ g 3. FIRE DEPARTMENT ~ ~ '~' ~~ ¢ f .~ - Y ~ 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water x;~ i' ~ r ~~ ~ ~ " quality by the Meridian Water De artm t f b i i $: 3.2 p en or acter a test ng. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. ~ <': a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle ~ : .f ~ ~=, . b. The Fire hydrant shall not face a street which does not have addresses on it ~w . 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'. ~ ~ G R '= f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 %" outlets . g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509 5 . . h. Show all proposed or existing hydrants for all new construction or dditi _ a ons to e~sting buildings within 1,000 feet of the project. ~ 1 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside ~, radius. u~ .. ~' ` ,,a 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an ". J _ ~~ :;;, imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D ~ , :~ Section D103.6 Signs. _ti F ~ 4 ~! ~ = ~~ 3.5 For all Fire Lanes rovide si p gnage "No Parking Fire Lane". ~ M; ;: 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical ~ ~~` clearance of 13'6. Y,~ ~.~ ;~ ~: K g'h ~~,- t t ph % ~` Exhibit B Page 4 ~~P' 1~ ~~ z; > ` 1 s{ ; 1 ,} r„~~ 1a5 k ,~~ r~.. ~ _~ ~ VIII I 1 . ~~ ~ L x' ~,y~ y . ~. d, i " I . _ .. T :f H !Y 1'., '1'~ > .. A X~ '~C ~ .. r ~ .. . .~- _ + ~' r5 _ y~ ~- - ~ I tr rr t I (( ; r} ~ f '~~~J~ ~~1A~..T-' ~`v A~~. f ~ * ~ ~ ~ <.~ ~- k.. ... - ~ w,' 'a ~ tt'~ v~ psi '~ ~ ~ . ,~ a ~-v+rr ti ~~.. ... ,.: s .. fl ~' ~fa K F ~ ~~~ ~~ p3' ~ ~ i w .Y~"„ 'i $ ' ~ ,.,, ~ 5a'~~"'«x'tCy': ,~, 1yr# .+ y..~. . .^Wx.. ~Y_ 7„r rY LS [ t A Ts' c ~ "A! 1' I ~~ ~ 1 i ~ ~ ~ ~"~~r ~}ff3~ " r ' # " ~ ~ Lr?r. q r4x : rq;_~ r1 A~~.~~Y` ~Y.~ ~~ - .. - ,~ ~ d•- f y ~ ;` i:'1L Y. ~ .tV ~ .jl~ b.. ~ =~ t,~~~~'~ a fi` ~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 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. 3.9 The proposed development will have an estimated 187 residents at build out. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 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 portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building, or as aonroved by the Meridian Fire Department in writins?. 3.13 Where a portion of the facility or building hereafter constructed 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). 3.14 All electric gates are required to be 20' wide and be equipped with a Knoxbox key switch. Provide knoxbox access to garage at all access points. 3.15 There shall be a fire hydrant within 100' of all fire department connections 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 Pool chemicals shall be stored in compliance with the International Fire Code. 3.18 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. The applicant shall comply with this requirement oY obtain written approval from the Meridian Fire Department for any modification thereof. 3.19 Provide detailed access and ventilation plan for underground parking structure. 3.20 All buildings will be required to be sprinkkered per NFPA 13. 3.21 Provide a third access point to the site when phase II is developed. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3.22 Install bollards or an electric gate at the emergency access driveway proposed on Overland Road to restrict access to emergency vehicles only in accordance with Fire Department standards. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT) 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the previously approved conditions and requirements set with the South Ridge Subdivision application. "~ 7.1.2 Construct a 5-foot detached concrete sidewalk on Overland Road abutting the site. The sidewalk `~w shall be located a minimum of 41-feet from the centerline of Overland Road abutting the site. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 7.1.3 Construct a center left turn lane on Overland Road at the Spanish Sun entry road. Coordinate the design and construction of the center left turn lane with District Traffic Services and Development Review staff. 7.1.4 Construct one service/fire road to intersect Overland Road approximately 450-feet west of Spanish Sun Avenue if the service/fire roadway is to be gated or have bollazds. If the service/fire road is not to be gated or have bollazds, then the service/fire roadway it to loop around the building intersecting either Spanish Sun Avenue (a minimum of 160-feet south of Overland Road) or Southridge Drive(a minimum of 75-feet from Spanish Sun Avenue). 7.1.5 Construct afull-access commercial street, Spanish Sun Avenue, to intersect Overland Road located approximately 710-feet west of the existing centerline of Linder Road, as proposed. 7.1.6 Construct the following roadway segments as commercial roadways with standazd 40-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 54-feet ofright-of--way unless other wise noted below: • Spanish Sun Avenue from Overland Road to Southridge Drive. • Southridge Drive from Spanish Sun Avenue south to the roundabout intersection with American Frontier Drive. 7.1.7 The following internal commercial roadway segments shall be constructed to accommodate one parking lane, a center turn lane, and 2-travel lanes with on street parking restricted to one side of the roadway. Exhibit B Page 6 ~w,. ' ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 :' ~; Fes, ~~;~t: • Southridge Drive, from Spanish Sun Avenue to a point north of the sputter islands for the proposed round about (this location will have to be coordinated with District Traffic Services staff). 7.1.8 On street parking will be restricted on the following roadway segments: • Spanish Sun Avenue • Southridge Drive on the segments leading into the proposed 7.1.9 Construct one roundabout, as proposed. Coordinate the size and design of the roundabout with the District's Traffic Services staff. The roundabout should be designed in accordance with the District's Draft Roundabout Guidelines. Design the sputter islands to provide 21-foot street sections on either side of the center island. Dedicate the splitter island and the roundabout island as right-of--way. 7.1.10 Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 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. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--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 ACHD right-of--way. The applicant shall contact ACHD Traffic Exhibit B Page 7 ;W,::,: ,.mot, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 R Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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. Exhibit B Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 '4_~ C. Require Findings from the Unified Development Code (UDC 11-SB-6E) '. ;~ Conditional Use Permit Findings: ~r ' The Commission and Council shall base its determination on the Conditional Use Permit ~ 4 >- ..-: request upon the following: ' "=`Y 1. That the site is large enough to accommodate the proposed use and meet all the °Y >;>~. dimensional and development regulations in the district in which the use is located. ti wz The Commission fords the existing site is large enough to accommodate the proposed use and ' , meet most of the dimensional and development regulations of the TN-C district if the TN-R ;,, portion of the site is rezoned to TN-C as conditioned with this CUP. However, the proposed r, development does not comply with all of the dimensional standards of the TN-C district ~ ~ ' noted in the UDC. For this reason, a CUP is requested as required by UDC 11-2D-3B.4.b, for { `~ buildings m the TN-C district to exceed the maximum height limit required by UDC 11-2D- ~ , -_ SA. A CUP is also requested to exceed the maximum building footprint square footage ~ },;_ ~ allowed in the TN-C district. Furthermore, the TN-C and TN-R zoning districts require CUP ` ` approval for Nursing Care Facilities in accordance with UDC 11-2D-2 and strict adherence to °~~`` the specific use standards in UDC 11-4-3-29. See analysis in Section 10 for more ~i information. ~ ~ ~_ Off-street parking is required at the ratio of 0.5 per dwelling unit. Ninety four off-street rr ~fi ~ ~, ' ~ ~ ~~' parking stalls aze required for this site based on the number of beds (187) provided for the ~' ~ ' residents of the facility; 149 are provided The applicant com lies with this i nt r 3 . p requ reme . ~ ~ Staff recommends the Commission rely on Staff's analysis and any oral or written public ~ J testimony provided when determining if this site is large enough to accommodate the ~' ~~' " ` proposed use. s ~~ ~~' ~` ' ,~ 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in ~~. tx~ ~ . "" ' ~ ~:: accord with the requirements of this Title. M2 .:w, ~ ° ` ~ The Commission fords that the Comprehensive Plan Future Land Use Ma desi p gnation for ~~ '' ~ this property is Ten Mile Interchange Specific: Mixed Use Commercial (MLJC) & Medium ~ ;,. Density Residential (MDR). If the TN-R zoned portion of this property is rezoned to TN-C as required, then the site should comply with applicable dimensional standards The ~ n ~..; . Commission finds that the proposed use is generally harmonious with the requirements of the ~ x . UDC and the objectives of the Comprehensive Plan (See Sections 8 and 10 above for more y 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 with the existing or intended character of the ` i '. general vicinity and that such use will not adversely change the essential character of the same area . I :~ ~ ~ ' The Commission fords 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 ~ ~s neighborhood and with the existing and intended character of the area. Further, the , "; ~~' ;y; Commission believes that the proposed use will not adversely change the essential character ,~~i of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed will >, , not adversely affect other property in the vicinity. ~ ~.4 ` ~ '=: ,.r; -~~' M Exhibit C Page 1 r, ,~~"~' ^~~' w ~.~u. f . 3 a - :~.. t2` ~~ . -+rrfi ~>:Mr~ ~ ~ '"~ > ~~ , it ~ ~ ~ .`. fr~ ,; ms's x~ a+~ K~}p. t ~.. "_ 4• ~~ ~tt r ? i ~~ 9 ~s~ ~~ ~~ { ._ ! ~ {~ ~~ P .~" e. _ rte' , ~w ~~. -~ YZ.fd:. ~ S ,, ` ~~ '( . ~ t f ,. ~ ~~ ~ ~ ~ M ~ N~} i /N~ i , µ r` T ~i` ~~h y i~ 'h' G rp ~J '.T ilk ~ (yt j~ ~, +k . N~~ ~~ - . -.. .?~.. ~ S F ~>f1Y.~ C _,( ~ Y ' f ~3~ ~.~- ~ E~ T~~'k`' Y3j`j 'S e~y7dt?+ ~~}'~ ~ -- t ' ~' ~ qyq~t{{,, - 't1 ~`. 3c ~~Sf`K ' ~' ~¢ ~iY.:•7 ~ ,1 _ r4 ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 The Commission fmds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission 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 Commission recognizes that traffic and noise is a concern; however, the Commission 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 Commission 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 Commission fmds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 ~h ~'` 1 r, November 3, 2008 MCU OS-002 ~` ~~'~' ~~~~~ MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Doug Tamura ITEM NO. 3-E REQUEST Findings of Fact 8~ Conclusions of Law for Approval -CUP approval to Modify the previously approved site & building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail - 950 E. Fairview Avenue ,,, ;~`,~ ,,~~,~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: ~; y~" ` CITY PLANNING DIRECTOR: See Attached findings ~:; CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: r} ~' :. T:r: CITY WATER DEPT: ~~ ~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: :, ~,; SANITARY SERVICES: ~ ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: "' ~ IDAHO POWER: ~~ ' > INTERMOUNTAIN GAS: ~~ r~,~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: :,,~^, s~i Materials presented at public meetings shall become property of the City of Meridian. 7 ti.#' o .~ w~:. .' _ - -'k 73... i ,. ri::F`xi' . ~ i ',a ~ -. CITY OF MERIDIAN =~~ FINDINGS OF FACT, CONCLUSIONS OF '~ LAW AND DECISION & ORDER u = art- @~y'.. .,,_. ..-.n fE IDIAN~%=-- oQA~~ ~~" In the Matter of the Request for Conditional Use Permit Modification to Amend the Site z~ and Building Layout Approved with CUP-06-032 for the Northeast Portion of Lot 4, Block ~~; 3, of Devon Park Subdivision No. 1, by Doug Tamura. `~, A'~" Case No(s). MCU-08-002 x For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on '~ November 6, 2008) °':;~' A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2008, ~t_~~ incorporated by reference) ~~.r ~:;:,,,. 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16 2008 rp y ) ~.,~ ,into orated b reference 4. Required Findings per the Unified Development Code (see attached Staff Report for the ' hearing date of October 16, 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 a.~~.°" Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). Y'" 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified ~~ ; Development Code codified at Title 11 Meridian City Code, and all current zoning maps ~ ;< thereof. The City of Meridian has, by ordinance, established the Impact Area and the 1, _'~ I Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, ' --'y',~ 2002, Resolution No. 02-382 and Maps. _ ., b ~! j 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § ,.,,:, '~ ~"'' 11-SA. r 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the Ci of Meridian lannin 'urisdiction. ty p gJ a. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page I ~.t` ~ Fti ~ ~- y ~,..- „% ~j~. a_r x K ~, .~ ~~ ':t'" '~~ ~w:+ 4~ j ~~ r ~~ ~±~: ~; a :.;;~`s ~ .. ~t~krtw ~ , . r~!€~. cf~~~s~ ~tf;?' ~n!._~ e" f .; ~ qq k ##~~~~j s~~u'~~ S 'i ARP ~r ~, ;, k r , e: i r- r jt~ ~ Y` ~T r,!' 3 ~`~'+~?~ ~f 4 s;y' ~~ ~.4.-~ „ `5~. yn ;~"~~ S ~i i:'4 b x ~,. ~ ` ~ ~ t'- r.. ~ ~, - '. 35 Y~i .t ~~yF L'~~ { ~s ~ ~~~ i ~,,. ti~~ ~: `.ti .~~~~~~~ ~~`}kT v~ .,.'~ r y~, t~ < r`~t k~t~,~~~t , ,~ ,,.}~ ~. ~ _ ~: s~ ~rMS ;W ~.5 ~~ t. t:Y~ iYi ! ' r~r ~ ~ i c 4~~~~ . Nye ,.~' firs ±tf ,~ ~y~ <" ti, ~ ni_ ~ 1~:~; _. .. .. t v3~~- ... .. ,, -. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works .Department and any affected party requesting notice. '' 7. That this approval is subject to the Conditions of Approval in the attached Staff Report ~~ for the hearing date of October 16, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition '~~`~s of approval of the application. ~_, C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City _. , `~ Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Y°;, Plan attached in Exhibit A.2 of the staff report dated October 16, 2008, is hereby ~~~^~ conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 16, 2008, incorporated by reference. ~ D. Notice of Applicable Time Limits ~s ~:„=.~ Notice of Eighteen (18) Month Conditional Use Permit Duration .* r,~ _ ' ~ Please take notice that the conditional use permit, when granted, shall be valid for a _ ;~ maximum period of eighteen (18) months unless otherwise approved by the City. ~' ~, . During this time, the applicant shall commence the use as permitted in accord with the ~ ; ~..~~. conditions of approval, satisfy the requirements set forth in the conditions of approval, ,'- and acquire building permits and commence construction of permanent footings or '~ structures on or in the ground. 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 (18) month deadline shall apply to the first phase. In the N' ~ " event that the development is made in successive contiguous segments or multiple ' phases such phases shall be constructed within successive intervals of one (1) ear ~ , y 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 ~''=K''~` 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page 2 ~ ,~^ ~ ~, yYn~;. ,~~ , ~ _ . 's. Y '~`3 s cr ~~ -. ~ti~ 1~~y r'I, Fr ~~F~~ 'Z +w * ~ S 1. ~ I i~'h'{i"' 3"` .f~r1r r .< ~ .. .. r~ iii; ~ '„ ~ ~ 4r~Tt ~''tintr~'c ~, ~ ~f~ :i ~ ~- ~~~ ~> s- ,~ i t ~ o- ~_ s'a~,4 k.F ~+ . ,n~- '.~:~Tk v v,ap z r~~~ M+~u ~5:.4~ I ~rf't` - ~~ - v ~~ I }~Wftil" ~ S ~Y ~- f? l S- ti ~ t4~ ) ~. }'nxi } . w.r eti ~ t i~~ ~.~ r '~•r~~ r~F'l~, ~ ~ ~': ~r t 9 e~~ . 5 ir. ;S 3 Ah f ~ ,Y G;''4' ~~ ~- ~S ' a € , +• , r '~, -. ~ } ?, ^i+'a~~ ~'.V p~;....r. o-:, ~.~ Y~ .~~ .r'.' ~~:; ~: i .: ~.sr.,t .~ ~t ~,, ,; ~k:. ~; . ~,:''- ~. ~. i~~~ ~~' -'~~~ -a>l f i' ~. ,, ~: ;i= N'- t Commission maybe 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 filed 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page 3 i - ~~ t . ;. ~ r~kK~ '=`Va ~~~y~ - -~qi .. ~ , qtz ,wad! ~~+µ . ~i' `~, ~{S~L J ~~ ~' •~ . 1.:,~~1 F e,t ~~~ s. '~~' ~~~ - 4 3~1CLi, .fit u £~ r.i,t f Y ~- ~ r`,C1:` a t 1 , ~' :~ {l~+ w ~' M` d9s.i'L ~~i3ri,. ~~;•' Y ~, G ~~~ (t~~S ~~~~~ J S ~i{ f h ~fq;! T i ~ w J~ n ~k S =~i' i}~ ~ .- ~. "~ ~"`S~yyx ~ ~x. - , L t ~. ~.-'.. ~~ ''~~ By actin of the Pl 'ng & Zoning Commission at its regular meeting held on the ~~ day of , 2008. ;1~~ :. ~,:; Y ~ COMMISSIONER DAVID MOE VOTED {-I'~Spa/1~ _. d •y=~ C air) ~' >. ~k'`~• COMMISSIONER MICHAEL ROHM VOTED W, /~-In Co /I ~ ~~ ~ :~ COMMISSIONER WF.Nnv NRWTn~I_ur rru e u e v vn-r~r. ~~~~~~. ~; «~ COMMISSIONER TOM O'BRIEN VOTED_~ .r COMMISSIONER JOE MARSHALL VOTED tr.,,, ~. CHAIRMAN ~l,c Cha~l ~. 12a~1G/l ~? Attest: ;; ara Green, Deputy City Clerk _:''~, Copy served upon Applicant, The Planning Department, Public Works Department and City ;~; i Attorney. rr . f: ~,~~~ ~:~<; Ey ;`.; t>; BY~ Dated: Crty C erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 ., Page 4 ~;. ~-~~et fgst ~ ~.~ , n K i ~~?('yy ~,°~ y !~, Y .1 4 ~~V ~N t ~;1 tel. ¢'...n_ ~. ~~, u 3 } ~ "Pa . i r~F =x ~ ~ ,~~ r o- i{;5~ ;t ., ' ~: - ~ fi ~~ " 'y' `''..' t y~~~~_ - .~ f ~`,~, ~ ' 4 ~ a _ ,r. ~~'~~' 1 , i- - f~ ~ ~'1 RK ~~ ~h ~: - - k ~i~ '~ }~~~ l +e'i't ry~5'~p - p~ .,.,~~ fr - ~c's..t.. ~.ik - rk~ } `.; ` ~~ ~ ~ ~~ per M '~ ,, .~ '~ r r~0 H~,l~L ~ 4~ ~~~~, 90 ~r tic ~, ~ ,~~~ ,9 Q1' ~. ~N'6Y ~ • >¢>». ~. r ~', r~. ~ F d' 5 -. i ~rQ,~r , i~ty I ~Y.~ 3 /+t„, t i~Li~, k - i r •; 3r }-i f ~~ ta~ f ~ ~~ t ~t - ~ ~~, h Y ~ / ~ ~ »'~v 4 =~ .F ,: ,. ~:i s„ } : ~"~ ~. ~~~ ~ ~ h .y ~~ ~ .q E C ,:a ~,~{ 1 ,~Y~rc fRti ` ~ 0 y k~~i } ~a r. ~~ t ~~ _ '~~ ~~,~. . ~~ z ~ .~ 4~ ~ : `~' ~~ F Ns.~,~,; , s , '.:; f M1 ~x3a.a; ..,, ~. _ z:,'1 f,~ ~ , ~~ t~ ~~ µ- ~. , ~ '~ ~ ~x ~` af,;4, }~t~ . ~, ~ ~ ~, i Ft ,.Y~ ti°~ ~< '. 5 f ~. ~~ ~x~` x ~; r~r4;~,w .t tY,~ -~.: rn~y V +~ r ~ \ :. ~ yu' s ~~~. r." ~~ r ~`» `rs:: ~h~ . ~ '{~~ 3 ~ S ~ ~~ ~~~ ~ ~~tx~~ `' ~~ n.~ ~,~ ,; ti s~u~ ~. z:s' x. ~ . - Qt„ a i ~- r~~trr'..> r .~ ~ .:. ,af ` ,~ ~~~ ~ _ .. :a~ +. , ~ ~.~ a r ~l 'Y ~'t"~;. kkrr tri to a c s •- t h^ '1 ~>~ -- S . ~ 1 E 4.' )~ h ti. ~ ~. k _ .. ~,~ .g~ ~ r~ - ~ ~;,i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 STAFF REPORT Hearing Date: October 16, 2008 (Continued from September 18, 2008) TO: Planning & Zoning Commission E IDIAN~,~-- ~~~H4 FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Fairview Lakes Retail • MCU-08-002 Conditional Use Permit modification to amend the site and building layout approved with CUP-06-032 for the northeast portion of Lot 4, Block 3, of Devon Park Subdivision No. 1, by Doug Tamura. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, is requesting approval of a conditional use permit modification (MCU) to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06- 032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed for the remainder of Lot 4 or Lot 3. (See Section 10, Analysis, for more information.) The subject property is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. The site is currently zoned C-G. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP modification application below. Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. The Meridian Plannine and Zoning Commission heard this item on September 18, and October 16, 2008. At the pubhc hearing on October 16 2008 they moved to approve MCU 08 002 a. Summary of Commission Public Hearine• i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: Ryan McDaniel iv. Written testimony: Ryan McDaniel v. Staff presentinir application: Sonya Wafters vi. Other staff commentin on application• None b. Key Issues of Discussion by Commission• i. Whether or not to reauire additional windows to be installed on the west end of the buildm~• ii. Whether or not to require a stucco or alternative finish on the walls of the enstm~ structure: iii. Whether of not the planter should be required to be installed per Staff s recommendation• iv. Discussion re¢ardin~ the letter of testimony submitted by Rvan McDaniel• and v. The necessity for changes to plans to be approved by the City prior to construction. Fairview Lakes Retail MCU-08-002 Page 1 ~:. - ':. jrf,~~ ~TJ4r P' {~1 ~1~ ~ ~ ~'~"D~~~~l cJlyk:'t~~jt D'yL~ ..-. f R 2'.~ t `A ~ :'~ Rwt x~ / r 4 4r ;fir ~ rv 'v;R 3! n'F 3'ta G t _ ,.~- s;~ ~ ~ yy v ,! ~ ~f,"~` ~ ~ G i ~S i ~ ~ v, ' ~ 't. .~~ eK,Fx ,;- RS,t #~-d~~~1'~~ rr~e~a'' r , i,,' rat :',t'- ~,~µ ~ sit 1.., ~x nc-t k ~t ~ ~~ ~ - ~ 1 ~ ~Sft ~sr,~.~l h r "' o- 4 t~ ~_~w rv;i _- M 7~ v~x~gT"~x "y,'-~,~t, ~^r@~ ~ ' ~, _- a "'~. ~ ~' ~ . ``' .. .. ... _. r T 3~ r { .~ ~ yy~~ ~ vh H.~ ~ f 2 ~~. ~ f _v A ~ ` - ~b t ..K...a qj.' ~ ' H.. .. ,..FS .t., ' , $ ;K z ~' `~ 3 rt1a ; j 0. ~".h Y' "32 tir{w..a~.X . s~.:% r4 tt 7ti "~iE'~~a . , ~j ~S.S"~; r~k ~;?k A A ~~'n ~'~ ~n ~.~; 1.4?`4~s`ri U' ~'rs~ Y 4 ~, a •_r- v ~N G"~h-X"~.r'. +~£ X 'P,'~}3~ °.w ydc ii 4.{"k - k- ~ - ) ~ i 2 1 ~_ {. ~t~+1+V ~I F.i ~ i rju 6 ~C4f .t!Y`.J' f"-ti l ~.+ t w.St ~i i tg' 1 ~ ~. t r . < ' w ~ rF+F~ <t i~ ' { 1:_+~~ f ?;f tl L'r>F F''F t,3~,,Y.~ ~"r si k 3 {~[ ii i . _ ,~1 x :`Rt~ Lei, .^.'^.ic/.., 5: - _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~`.~ ka c. Key Commission Changes to Staff Recommendation• i. Modify condition of aAUroval #13 a to require a tex coat on the wall surfaces of the buildm~ instead of a 2-coat stucco system ~~'. ii. Strike condition of aoAroval #13 b that reauired additional windows to be E ~>~: ~,u.... installed on the west buildin elevation ~~ _ s.:::;: 3. PROPOSED MOTIONS ~'' ;;'~ APProval =" After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- ~,~ 08-002, as presented in the staff report for the hearing date of October 16, 2008, with the following ~_ modifications to the conditions of approval: (add any proposed modifications). I further move to .direct Staff to prepare an appropriate findings document to be considered at the next Planning and >~:;, Zoning Commission hearing on November 6, 2008. '~ ;: Denial ~~`` After considering all Staff, Applicant, and public testimony, I move deny File Number MCU-08-002 , as presented during the hearing on October 16, 2008, for the following reasons: (you must state " specific reasons for denial and what the applicant could do to obtain your approval in the future). I ` further move to direct Staff to prepare an appropriate findings document to be considered at the next " ~ Planning and Zoning Commission hearing on November 6, 2008. ' Continuance ^ r ,; . After considerin all Staff A hcant and ublic testimon I move to continue File Number MCU- g ~ pP P Y, 08-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you ~,:. a should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. Southeast''/a of Section 6, Township 3 North, Range 1 East b. Owner: Fairview Lakes, LLC 1124 Santa Maria Boise, ID 83712 c. Applicant: Same as Owner d. Contact: Doug Tamura 1124 Santa Maria Boise, ID 83712 208-721-2151 Phone/208-343-2210 Fax e. Present Zoning: C-G (General Retail & Service Commercial) Fairview Lakes Retail MCU-08-002 Page 2 ~ ~. 3f~< b ?~':~_ , _ Xf''~ ^l"~^[~yti~lj's? 2A .Y ~! ~~ w kK ar~. ? ih+~b.i A{4 i"r~ ,iJ' + ~, Ka i ~ r._~ ~. ' I~`{w"~ v .. ' '~' r ...r .1 • ._ u.~5 C w Y, 1': .F 1~ ~, ?,~~_~, + '~,'H~'' '?~ „ "' s ~`~~ a '" ty-i ; q ~w ` 5 ~ i+{i ~ _ '.~~ ~~~ '~r~€ c -` fi ., { .. t~~r f _ S ~" F t ~~ tt((ff_' .~ ~~ t ! ~1 r F ~1 C,, i 3~ ~~ i'`}` E.. ~:~. r~~~. ~~:. ,„ ;' "_ ~- yr r::. ` -- ~ ~ `~, ';di i_ ~yS f= ,;. ~~~ r ~~~,1 -,:;~ ' '~r'4~ r ,: ~,i~, t " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 f. Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to modify the previously approved site plan and building elevations approved with CUP-06-032 for a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. See Analysis, Section 10, below for more information. h. Description of Applicant's Justification for CUP Approval: "Because of the difficult times in the retail leasing mazket, Fairview Lakes LLC has modified the retail center to be predominantly a strip center. The first phase (Retail 1/2) of the retail center has been constructed. Fairview Lakes is proposing an alternate landscape plan in lieu of a pazking island. We have installed an 18-foot patio with a bike rack and bench to break up the pazking in front of the current retail center. In phase II, the required courtyard was increased 3,150 square feet. The proposed landscape courtyard will include a water feature. The building elevations and heights will remain similar to the existing structure. Please note the building modulation has changed to reflect the building that was built. The buildings were modulated to provide a lazger courtyazd azea for phase II. All other conditions of CUP-06-032 shall remain the same, including the approval of the two drive-up windows." See applicant's narrative for more information. 5. PROCESS FACTS a. 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 Planning and Zoning Commission on this matter. b. Newspaper notifications published on: September 1, 2008 and September 15, 2008 c. Radius notices mailed to properties within 300 feet on: August 18, 2008 d. Applicant posted notice on site by: October 1, 2008 6. LAND USE a. Existing Land Use(s): The portion of Lot 4 that is requested be modified contains one commercial building that has not yet received occupancy. b. Description of Chazacter of Surrounding Area: Residential uses abut the site to the north and east. Existing and future commercial uses abut the site on the south and west. c. Adjacent Land Use and Zoning 1. North: N. Teaze Avenue borders the site on the north; offices and single-family residences in Settlers Village Subdivision exist on the north side of Teaze Avenue, zoned C-N 2. East: Single-family residential properties in Settlers Village Subdivision and carwash; zoned R-8 3. South: Bank and restaurant, zoned C-G 4. West: Retail store (Hastings/Hazdback Cafe) and Department of Motor Vehicles, zoned C-G d. History of Previous Actions: • This property was annexed in 2002 (AZ-02-011) with a C-G zoning district as part of the Fairview Lakes development. A Development Agreement was approved with the annexation (Instrument No. 102143306, First Addendum Instrument No. 103097614). Fairview Lakes Retail MCU-OS-002 Page 3 + ~ ~ `+ k3±~i.r~~~ ~,~ ~,~ ,~ 11` q h - - ;~ t# } r '~iF. ~r 4 f. ~},~ t;~' iyr ry+. . -~ n t 'yS~Gt~` ~ ~ k_a q ,n=y ~. ~ .:s- x'11 ,2:; :N - i' ~' ;~ s 4:t' s` `' i ~~r '~~t rte, ~ r' ~ ~ _ " ty e a z' 9st. ~Y ~. ."li Y ~~~ SAT y ~ ~~ y v~ ~ s c c~' ~} ~ :4..~ x~~§ ~r w ri ~. ~ ~; a~" ~ ~L ( ..i ~ ~~: ~. ~Y: . q*ai~vvc .> y~ ~ ~ -4 ~i ",-: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ~'"` ~ • 'The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500 E square feet of commercial and 15,000 square feet of office space, and detailed approval for c~:~ 192 apartment units. In 2003, the first modification to the conceptual PD (CUP-03-014) '' included the approval of 122,000 square feet of commercial and 52,250 square feet of office ~_n = space, and detailed approval for 96 apartment units. Also in 2003, a second modification to the conceptual PD (CUP-03-054) increased the office component by approximately 35,000 '~ square feet and reduced the commerciaUretail component by approximately 18,000 square - feet. r ~, "~ • In 2004, CUP-04-049 granted detailed approval for the construction of four commercial E ~ ~ buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot l - ~ and a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. Banner Bank has already ?,;Y;,~ been constructed on said Lot 1. In 2007, CUP-06-032, a modification of CUP-04-049, ~; granted approval of a new development plan (site plan & building elevations) for Lots 3 and 4, Block 3, Devon Park Subdivision No. 1. ~•,, • A Certificate of Zoning Compliance (CZC-07-027) was approved for retail building 1/2 on `~~` the subject property in 2007. The site plan and building elevations submitted with the CZC ~" varied from the site plan approved with CUP-06-032 but were deemed to substantially comply with those previously approved. e. Existing Constraints and Opportunities `'' 1. Public Works `, ~ Location of sewer: NA Location of water: NA ~``: Issues or concerns: None 2. Vegetation: There are several existing trees and landscaping on the site. 3. Floodplain: NA ~,'~~;: 4. Canals/Ditches Irrigation: The Flume Canal nms thrn„oh th;c c;rP t,,,r ~,~~ 1,00„ ~:1oa 5. Hazards: N/A ~`;. 6. Lot Size: 5 acres "'s . , ~'~; ~ s ~~~~ f. Conditional Use Information: r ~ ~I 1. Non-residential square footage: 44,000 overall; 11,700 existing (only includes retail buildings :, °~~ 1-4 at northeast comer of Lot 4) ;~-. Z. Hours of Operation: 8 am to 10 pm >~;~ :~ . f,' g. Off-Street Parking: Off-street parking exists and is proposed on the site with future phases h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the ~<.i subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. n,, No new access points or streets are proposed with this application. r -~~ 7. COMMENTS MEETING =Y On August 29, 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 Public ~~'~ Works Department, Sanitary Service Company, and the Meridian Police Department. The t aforementioned agencies and departments had no comments on this application. ~,~~:: - Fairview Lakes Retail MCU-08-002 Page 4 > ,~ :~ (} ~ y: ~ <~ ~~z~ ~rN~ ~ 4 ,,.. , da ~ i =~~~ ~y ~~ z 7 ' ~i } - ~K- t d t '~r ~ ~: p4j;~~w rt~ '7~ - r ~`~F t' , '} {~ r ~ ', ~~~~`~ {: w / M - f.~L} h Y.M1• {{ I f , .~ ~rc ~~~ f ~h P,~ rSY1 } ~ j ,14'~'s'"~YkN ~ ~!~ 4 f4~~~flt~~t~ ~ ~~ a .:L. # Fv =,~ h `~:~~ ~ y~~ 1, ~~~ T r~.. `~ E ~ S r :.. r ~L ..~ .tit - 4 ~ ~,9~.,„'x e.'. i ~~h ~ .(~ } !V F. ~ ~- ~ -, ~y~~~ ~}f 1` AAS S7" 41~~L,~... 1 ~ r'~aflL' l ~~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Community." The purpose of the Mixed Use azeas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are flue sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that aze typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which aze either infill in nature or situated in highly visible or transitioning azeas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use -Community" designation allows up to 25 acres ofnon-residential uses, 4~. up to 200,000 squaze feet ofnon-residential building area and residential densities of 3 to 15 dwelling z,~~ units to the acre. In Mixed Use -Community azeas that aze not Neighborhood Centers, over 25 acres .~ 1 of non-residential uses shall be permitted through the CUP process. Per the conceptual development •~ ~~' plan, the subject site may develop with commercial uses such as retail along Chinden Boulevazd/SH ~`'°t 20-26 and retaiUofflce along Ten Mile, with multi-family residential units internally within the >? development adjacent to future single-family residential uses. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): f„ • "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." (Chapter VII, page 103) The northern boundary of this site lies adjacent to N. Teare Avenue, which extends through ~`~ ; ~ this site from Settler's Pillage Subdivision. A pedestrian sidewalk exists along Teare Avenue. Staff believes that this site is directly accessible to the adjacent residential subdivision. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter ,~ VII, Goal 1, Objective B) ;~ ~ Staff believes that the proposal will contribute to the variety of uses in this area. . ; • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) r +4! Internal parking lot landscaping and street buffer landscaping is required to be installed and ~;;;~ maintained on this site. Refer to the CUP Analysis, Section 10, for more information on ?I landscaping at this site. ~'.`t • "Require all new pazking lots to provide landscaping in internal islands." (Chapter V, Goal III, Objective D, Action 3) Parking lot landscaping has been provided on the site. Staff is including a condition of approval for one additional planter island to be installed on the site (see Analysis, Section 10 below for more information). rf'<`` • "Require screening and landscape buffers on all development requests that aze more intense than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action 2) ~P; The north side of this building is adjacent to office and residential uses and does not contain any windows or architectural design features. To lessen the stark appearance of the building, staff is requesting the applicant provide additional landscaping within the street buffer along Teare Avenue (see Section 10 below for more information). 9. UNIFIED DEVELOPMENT CODE ;.`;~ Fairview Lakes Retail MCU-08-002 Page 5 ,T r ,,;ys_ :„ ~• - _ .~ „c~- .~ '~ .~~ y SS ,t ~ m ~`i, %~ ~,' .FH vii Hay ~ r:4'vw r-~,R '~i4, ~~~'r r,~.,+u ld t~"~; to pis "'~ , ;a ti:~~-~~ r a ~'~t r. fY t . 1 ~ 1 a Lea I ~'", ' rr ~~~~~ _ V ~~r YNl}.i- - _ ;!- ;T -~ /, }~ari5.`~ ~ . r ~ ~~ ~`~ ~~~~ ~r ~~y ~ 1 E f.71~`, ~. .,}. ,. . u~` r` ~~t. 1~ YM1FTF F „ µ y 4k ' ~J.: ~~i ~ `.it~- .~.. ' ;: CI'I'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 F>"`~, '~ y a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail shops and restaurants as princi al P ,:,' permitted uses in the C-G zone. For a complete listed of permitted and conditional uses in the C-G '~'~` district, see UDC 11-2B-2. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses ,, which are customarily operated or almost entirely within a building; to provide for a review of the ;w impact of proposed commercial uses which are auto and service oriented and are located in close F~, proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well <,;~ as retail sales for the transient and permanent motoring public. k ~M, " 10. ANALYSIS , ~+ . ,. ~~ y ,.may , a ,~ r~ a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the .3 J ~'' ~, .y~ proposed CUP modification request as presented in the staff report, with the following comments: : ~` ~ .; Conditional Use Permit Modification (MCU): A MCU is requested to amend the site and ~~J ~ '~ building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-032. The proposed ~ ~. modification only applies to the previously mentioned retail buildings approved on the northeast ~~ ~ ` portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed to the }~h ,~ ~` '~ ; ~ ' remainder of Lot 4 or Lot 3. ~ ~ S `j ,.; ` A site/landscape plan (see site plan attached in Exhibit A.2) was submitted for this site showing . ,~ X34 ~ how the site was actually constructed in contrast to what was previously approved with CUP-06- ~ ~ `~ r_ ~ fi 032 and CZC-07-027 (see site plans attached in Exhibits A.3 and A.4). ~~ rik ~~k The previous site plan approved with CUP-06-032 depicted modulation in the building facades ' ~R F',: between retail buildings 1 and 2, only five parking stalls on the south side of retail building 1 and , no parking in front of retail building 2. The structure that was built on the site combines retail ~ } ~ ~~ buildings 1 and 2 and has no modulation in the fagade. Parking exists along the entire south side .~ ~ ' of the building. Retail building 2 was pulled back to align with retail building 1 creating an y •; ' appearance of a strip mall. The overall structure (retail buildings 1 and 2) was reduced in size °; r ., from 13,500 square feet (s.f.) to 11,700 s.f. Future retail building 3 decreased in size from 8,000 f ~~~ .r_ s. . to 4,800 s.f. Future retail buildings 4, 4A, and 5, consisting of a total of 18 900 is now ~ y, . ; , combined in one structure and depicted as 15,000-18,000 s.f. The proposed site plan depicts retail ~," $~ 3 building recessed back approximately 5 feet from the face of retail building 1/2 and retail 4 building projecting approximately 25 feet from the face of retail building 3.Overall the proposed I ;~; ~~ , site plan depicts modulation between the existing structure and 2 future structures; however the ~-~ Fy ~~ , modulation has decreased greatly from the original approved plan. Staff favors the original plan ~ d if ~~~ ,::. an the applicant had requested approval prior to construction as required, would most likely },~~1Y~ ` '~`~ ` { not have recommended approval of the request. Because the applicant has requested approval of a ~j ' ~:~i $~,, chan e in the site desi g gn after it was constructed, there is not a lot that can be changed at this , r T,~ .~ ' ' point that doesn't involve knocking out walls. Therefore, Staff is reluctantly supportive of the ~ ~ st41 ~ ~ MCU request with the conditions of approval noted in Exhibit B. (See site plans attached in ~R °° ~ ' ' Exhibits A.2 and A.3 for more information ) s ~" ~~ ~. . A Certificate of Zoning Compliance (CZC-07-027) was approved in 2007 for retail building r _ .~ 1/2. The site plan submitted with the CZC varied from what was approved with CUP-09-032 w ~y ~ w: ~ but was deemed in substantial compliance (see site plans attached in Exhibits A.3 and A 4) The ~ ~~F r j . . structure approved with the CZC combined retail buildings 1 and 2 but still showed modulation ~ ` ~' between the two buildings although not as much as in the CUP site plan. ~~; v Access: Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets are proposed with this application. r Site/Landscape Plan: Staff has reviewed the site/landscape plan and has noted the following s. ~ xi ~ Fairview Lakes Retail MCU-08-002 P 6 ~ *~ _ age `~~ .Y~. Y.rh.~: ,yy CL^t SS~O f.^ ~~ A!~ Y V ~ ~' ~ RarY ~ y ~ '~ ' ~+ hr5 ~ }~' , x 41{ ~ ~f h~. (jri~l {~ lt~ .. ~, ~ " ~ ~ ~ ~-~zr ~ ~ ~ _ _ ~d _~ "1 ~ E~ ~ ~~ ta- - u ~ ~ .~" ' ~i1i £ __ ~ ~ ~ ~~~~ +" S i.~, ~"' k, -> caw w`~.-.1~ - r:r .,.~° µ jy~...,~ k r~ ~~ - s~ a~ ~ rr r { i ~ Y a. ~ c`~a ~'11;''~ a.. ~ ~n~h tk~~~, - ti r;.` ~~ r ar?t-p ~I;~FE ~~ 4 ~aa~4}+. : ~ i r ~ ~ t ~*~~ '- , s .; d.r ,;,,F~ t tv~t<c.. vat, '"':r~,n ,~' ~ h#.. Y;~. ~i. .1?. r .. ..~. Q ~# ;; ~ - a~' ~< ~ j~~ *c, . ~~,~~ fF , ~k ws'~r,; ~ ~~t r~ F ~ ~ ~'~~ ~ , i f'..=%''a ~' ~ ~~~~ ~i ~ f a• ~~ j ~_; ~ ~ i µY- `a ' ~ s ~ ~ ~T~. - ~ '.ski `~' <,4'~ w, Y rv~ ~~~ k 3 ~ z~,~ R n.:9 .~!.,.. i^y ~ ~ y~46'~RC ~, D~ ~~;~ :" ~~ ~~~ F ~~ ~;~ . ~~ ~ ~ ~~ ~ ~ ~~ry ~~; w r*~ f.,-rry 4 i :?~ ~= .. t.. .?v i~ ~., ~ . ~: y~~ ~? . xta`+: s '~'a'''. ~:.5`-`k~s:... i -, ,~~ 11 ~~. _ 4 ,~~ n:~ r ..' S ~ i ~, n.i ~~ ~~ ~ ~~~ ~~~, x~ ~4 -Fip a T ~ r ~ ~-~ ~,-' .~ dA:~ f '.~,4 ~` ,°~`~ ~ - r ,t .~~f .' r ': t -~ 1 A '~ ~ ..~ y U Y ~ ~ 1~~ .! ' ~ ~ ~~ ~~ .~; ~~__~ .: : ; F ,: ~=h r~' 4 4 }fi ~ ~ jJ~,1 ~~~°~ t ~ >.u,-- ~.~ E, a ~.; - ,~~ Fir. . ~' ~~ Ef7 ,r~4 - j,1G^ .~~~~v h.'r..:u `hj ~` `~ S~' ~.>~ . ~{r7 a5 .- ~ ~~ "1 n y~ ~ , ~. b~ _ ``. 1; S ,, ~p .f ar ~} y`S~l t~ 1 l f ! i ?l. ~~ p^, ry(~ sr yCt ~a ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 revisions as conditions of approval of the subject MCU: - Per UDC 11-3B-8C2, planter islands aze required at the ends of all rows of pazking. The parking area on the west end of the building does not have a planter island on the north end of the row of parking as required by the UDC and as shown on the site plan approved with CUP-06-032. The applicant shall construct a planter island at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. - Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the reaz of the building. The buffer azea shall result in a barrier that allows trees to touch at the time of maturity. - A trash enclosure shall be constructed on the site in the location depicted on the proposed site plan. Said enclosure shall be constructed of like color and materials as the building. Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully. contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. Submit details of trash enclosure with CZC application. Building Elevations: The building elevations that were approved with CUP-06-032 and CZC- 07-027 vary from the building (retail 1/2) that was actually constructed on the site as discussed above, as follows: - The construction materials that were approved on previous elevations depict a 2-coat stucco system on the walls of the structure with manufactured stone veneer accents. Upon visiting the site, I found that the north and side elevations, and the lower portion of the south elevation consist of painted block wall. Stone veneer accents have been used on the building in compliance with the elevations approved with the previous CUP &CZC. Staff believes that the painted block wall construction does not represent high quality construction materials and is not consistent with construction materials of existing buildings on the site. Further, staff believes that the appearance of the building from the offices and residences across Teare Avenue from the north is not visually pleasing Therefore, Staff recommends that all wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with stucco as originally proposed and approved. - Windows were shown along the entire west end of the structure on the elevations approved with the CZC. The existing building only has windows along 'h +/- of the west elevation. Staff recommends that windows be constructed along the entire west elevation as previously proposed and approved. - The design of the entryway features constructed on the building facade has also changed significantly from what was approved with the CUP &CZC. However, staff does not object to the changes made. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for the proposed changes to the site plan and building elevations, prior to release of occupancy for retail building 1/2. Note: When the site plan or building elevations change ,from what was originally approved through a CUP and/or a CZC, the applicant is responsible for requesting a modification to Fairview Lakes Retail MCU-08-002 ~,>, s;i~ ~j ;; ~ ~ ~ . J c ~ a. 5., L ' '~r : ~ wi ', 1 if+ _ ~T~r T ;. y~lf i 1 ~: ~ Y~ ~~ { ~ 1 ~ + f .. ~ ti xr `t S ~kK $ ~55~ .4~ ,f x3 F 4 ~ .,F.4q •` ~ ~ t ~ } ~ ' r s,~ rr ~ f#" ' L~' t t f '4 1- '' f r S, . Yn ~ } { ~ ' ' .. .. ,... r j 1 -r ~~ ~ ~.~ ~' < r t~Y '~~` f'~ _ ~: ~~+3`'~1~ti r ~~ ~~~ t .r ~ rV~~~ ~{~ :'{ Si ~ T~ r_. ~4 ~'3 ~ YY y ' ~ ~ I 1 ~y .~ [ i ~" M 'i Y/YY~ ~ ~~f1'1T. . n k:li. Y r; as w'L- ~ ~~a ~'~ ~ cM„~ s ~~ . T, t1 ~~~ ~r i< r i n~~' S .` ,. ~~q. i, - ~'~, 7 ~ v.=H 'r.... i` ~ . IY ~...}.f:. ~°'ar`r f+.~ H' ~ ~m ~i~ry F ~ ~, ~. r~~ ~ S~.i~ ~ . ,fir ~ .xtl}Srt _ C.t ~ ~ ~~ `~,~WG yr{ !' ~''.1.,. ~y f ~ •.}~; G r a 4..v,-tip. ~l~ ,. 4 ~ F a~~ ; irk. ~:tikt~lt~ik>~.,'~j'~ ,'~~-F} i' _ ~1 T. f ~ t .y ~'i 1' _ >1{~ ~'Y v 1 -- '~~ " 5 - ''{' ,~ 'oar ~ 7 at ~„ Page 7 . ~~ ,~` ~ Y; .. .~~ ~.. - J4 ~;;dg~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 Vic; a,~' ~.~~_~4 ~~: ~-_ ~;u; ~: ;; ": :,~~ :. w , ~, ~.; ..;:~'I ~. ~~ ~~ ; !~? ="~~> ~~~ ~~ h ~' - ~' t,.~ ~- .,, ~S .' the previously approved plans PRIOR to construction. The end result of the requested change(s) should be comparable or better than what was originally approved in order for Staff to approve the change(s). Staff does not believe that the above noted changes to the site plan and structure are comparable or better; Staff believes that they result in a product that is lesser than was approved. Therefore Staff has included additional conditions as recommended above in Exhibit B as conditions of approval of the requested MCU. b. Staff Recommendation: Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on September 18, and October 16, 2008. At the public hearing on October 16, 2008 they moved to approve MCU 08 002 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Proposed Site Plan 3. Site Plan Approved with CUP-06-032 4. Site Plan Approved with CZC-07-027 5. Building Elevations Approved with CUP-06-032 6. Building Elevations Approved with CZC-07-027 7. Proposed Building Elevations 8. Site Photos B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Fairview Lakes Retail MCU-08-002 Page 8 m~-a ~~ ~~ 'r ~~". ~,. , ' .'%x' y4 ~ ~ 1 % A ` M ~2. ~, h~~ ~~~ u .a-~ ~YS A~ ~ '~. w; J. ~..fn - _. ~.. - ''~' t,-''; v s n1 . '5 rfr ~ Y. _ ati~~~r~~~flr~• k'k ~+ r q~ xir ~r ~~, a r ~.z~ay - 1S.~:i §a ,, ~ ,,y~. t t<.its".U~ ~` h;,; .nx ~'~~A>~ r,.. i w '~ w~' $ ~" . 4sk .., s etga~" _ tt s?' ~ h d a,~,~ ~ .";~ r. ::, ca +~~~7 ~ - 3 a ' ~ a ~ r., ti7~ i Ykr ' f '_ l~yj Z~ ~+Y F.~ TT ~"~rv ~~ Y ~t t 7 -.Vtitr, it ~ ,7+~.', ~ ~ x - L-: `,'" s~~; w 1 p~ ~~I~fS?.JyF ~'SM~ :.~ f:.< CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 A. Drawings 1. Vicinity Map Exhibit A ,.. rt~' iv... ~~ ~r~rx~.Y~c .~ ~~ t;~ ': ' ,m~+' e ~^ H ti~~ t F` ~ - ~ - a tf ~~~~' ~d~~ Tl h. - ~~ :.yf4 ~~~~~1 w Y~~.~ jr ~7:~ '~~ ~~I ~I ~ • /3~ ~. ~r ~ ~~ :~' ~ }, ~ z~a ? .wS ~~ ~. ~ ~ ;.# 2. ~r "~e ~:~ ~t ~;' c pr t ~ r , z p 1 i~."r vt tFi. tZ ~ a .~~ ~. ,,, s.bc~' i 1, 0..r :.:1 irk ~sa ,t.:_ -` `~ .~ ~~ E ~, ~i 1C,{ x" 1=~ . Y N W F: ~~~~ ~~`~ ~. A.,, .'>>~~ ~ - iii ~^ddddd~ 4 t . $' M ~~+ r,. -.i:i. i8 T'~r.~'..z'•4;6 ..'.~~' . . ~, ~~, s ~+~ * , ~~ i .' t;;~ rf; f ~,~ ,. ~:~ ;:;. ~~:x :-_ a:,:::a J ,, ii ' It ._. ~' ~; ~.. ; '~,+1~ :::' P,. ~. 5+~:; . r(.Y F i5 Y:~ l {,,~ CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 2. Proposed Site Plan ' ~~- ~~ - ~ ~ t ~ ~ T- ... _; ---- E 3 t A1k r ~ ~ J~I N ~. 5~ ~ ~tie~' I 1 ~ ~ fLS~9lL S ~ run,v ~ncRxi-~~uu+Ec.? T rS ^u€ - 9itAp~ F _ C3J L PR4i[`N .,~ } `~ r'~c a~'r e~gy - o ~`~r-~' F x ~; _. ~ a u. r' I a,s5 ~ } ~. ~~ ~ v~ -I ,'~, ,~ ~ - ~.-- ;. ~, ''~ ~ ~ ~o >^ (r „~ ~ _ ~ `} ~z[a+' _ - r '~' . 1 } " ~ ~ ill y TeF~IJSV _ Ej L,~a- P - Orn'dwU1~1 ~ - v ~";~ i i ~ ~ ~~ ~ _ '° ~~ie ~ i n ~_ _ -- ~ S h .~, _ ~ ~_ - r ~ P p ' ~ lJ o ~ ; ~ 1 aUfUkl a E~:P ~ iFiJ7 i 199E S. '~1 ~A4Vi,T ArPhl uLA.C1 1 ~'~ t 1 f ~~ ~ I In ~ ~I i a 29G Fw i' ~, ~:rII~~Y-y4 ~Ji r~;U? [I~ 5 hWr- _0~~ -~~ iJ 1 ~--x s"" Exhibit A i ~r ~F i~` ..~, ~ . ~ ~i ' ~,~~ ,~ , ' ~ ~ 9 {~ E.'.: ? 4; ~n,j t e h ~ ~~~~ S ~. ~ ~ +~j " , '?~F,, 'a' ti 4 ~b .c}, a ~r.w" "'g~~aS';,c ~'-rya-.'.~ a ~ •rl~,. 5..~~~r-a~ 0.t h ~'~ * 4 4.'-3 .a~ ~ s ~~'~ _ ... YM~,.. ,- .> (. 1 s, t=3} t t ,. ~ ^'xt ~~~Si ~ [. '. , ~ra~'S ~ s.}~-~' ~+L tw ~~i. ~` ~h ~' f ti -,- Y y .. ~. - qo w'i-i ~~:.~ F~,V'~.~~~~ ~Jf:~ ~, ~ .r ~ '}. J ` F ~z~ , ~ - ix ~~ ~ ~ s ~~1,• +~~ - .. ~ 7 ~''-a-c b{~~5~...CI #;arr'S.4a s ~ ~ ~~,.k • t , r ~'~`%`'~ p~- r c ~"~F, t,,, {J ~~~'~ i ..,,1 is-= - -" ~ S ~L~ ~ ,y G, ~ ~ l ;y .. ~,,.t CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 3. Site Plan Approved with CUP-06-032 i; i:`, ~~ty (:, d, 4 E 3. a ~ .b ~ .... ..~.. 4~, ~. n1M F, .]V) ~ Ci~iillE`q ~Y F'9L I R'r 4Lf.'~d ~a4Yw~ M a uO~p.w M/M~4 N. ~W//1 ti d Y a~ri ~'_~~ ~ ~~ t~ ~QO ~ rin fir. r ~wY 10i ~ ~ ~a a i+lar~ leis p ^ MPV~aM~. ar M wY~ ~! ~iyir :r ~i..~~ s ' ~ Y aM-a'amIMASM ~ y.-fay ha..-.0 ~- °~ .~,. ~ -m ~..~,.... ~ „ »~ ~r IOIm '-~--~~ P -; i z'+` t' :; l.a+r eaaawcro ~o saw, 4~~~ ~ra+eC6sr~r'~`w'~'~ asp e~~.~•g,~a4m...~s.dssr a c~rr.au.r ata+mo.faw.eo -`T04~ f~ fll~>~~i.Y~Yn~ti~}~ rash. ~~;rG~'~7'b°oa`r aearr.unira. ~ao~urn~®m wsita+sao~ wm.ao.wu~, a~~ ~+nneac.omas ~'~~sr~ aa.m.as a,.., ~,..~~M 1 , ~ ~ ~a °~ k~ ~. Y~.a~~i 4 a aET 1w®~a-.+ ~sx e~ aster. S .Fut ~ ~~ ~~ ~~ a w ~~ 9 ~~ LtO Exhibit B ,.. . ~xv-~ ;.~, ' ,. fi"~1,4 :s, pig hr -. , `1, t }'. {1 ~ ~:.~. i;. .i~. ~~ e i~?. .. ~, y} ?~~; sr: ;i1, •r ,; i. ~r. S. ,..~..; A ir~ f' :.. 1` } .- ,`~ C x ~~ ~y 5 t 't` ~~~ '~ .*t rv,: ~..,~ •r.•,~ ,- ~,:s.:ti i ~ ~~~ ~~ ~ ~~ ~~ ~, ~, r 3 ' ~ ~ ~~,: +c:- °c ~* :. .. <4~« k; :axe _ »} r;~ v ~N'n' ~";~! ~ . , yv - ~'it %3"x 1 ~~' 7 -, ~-, ~. ~'~ .~ Lp iY ~. vii Y ~.:.,. YC. .. )' vt ~ ~~ t., ~~ti .d~; .3 rtiti-i ~~ 8 i;+Yw t «,Y ' ' 'f ~ 3'; I~3r'y~ h a .. _ '~~~~'; t ~,;ro"fu =`~J r~' ck~4 .i :tiµ .4' ; ~ t r. _.~si.~ _ •k _ ! ` + P~~• ~ F~> < .F^ s _ ,~ ~~ F ~_ ~?~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 5. Building Elevations Approved with CUP-06-032 e' '' .®~r~ ` ~ - 6~th1010 ~ RAflVEWY .~ -'~ Y .,: ~s i,_, +.-T~ .1`._ ~::: '? `~ ;._: ~~:F F~ w,~ {~~ ~', ~ ~5i ~:~? s :t ~?,,~: ~~„ r: . i ~': ~: ~,.. y~; `~~` ~ _ ~ ~~ "Y ~ ~'~. i~;J ~ ..,~,'~' 1 1~ Y: ~ 7 kT 4.i~. '~~k y. ~'( I N~~~1~ z'.~ _. i ` ne ~ S '#~M~St~ ti` (y-'~ 'T 1,7 '~.. . .ry.,9.. .'y'"~u uro '. y .. ,r, _ t. _ = ~. ~ Y ~~ ~ ~~~ : Fk N` , ~' ~:"' ° ~ F„ - r t F ^'~ t ~ Y~7~' ~ w rh ' * r _~f.. za !'k j 1- y .. r y. iii ~y ~ p~`4- ~} +4 r ~ ~ _ ~ y ,, , i F ac l .'1 r , _ F r= ,c~,r{~ r~i ~' ~ ~ ~ ~' {r? ,- ~ .. ~; {{ ~~ (( ~~~ •or~ ~9}i ~x ,. ~y h^a ~~ }t ~ i ' y ~~ ,rrwr ~. i w ' $"K k P'f}ti~ M1 ~1~~ ~~~~~ ,~ M4" y :^ y~:~, ..~hlN i Y '~ t e.+Tlr7k ~~ ~ ~. TA_ x~'~ ~ r E v - w ~, ~ ~ •t` k ` L y .,rt. t CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 6. Building Elevations Approved with CZC-07-027 Exhibit B ,+; 1~: ~;-~ 1" FiA97Lrcuur--. e~A--~fl'~ , .. ~y ~ 1' ' '... ,~ ;rf ~ =fit '~~, ~dgl1~,~~t~" h~?~'' :.L ZA'~~sy!. ~; yK'.'± i Tit - ' .. ,~ Y .v ¢~ e ~:~ '~'~. ~F ~_,~ i ~i i 1 a. ~!.~+ "x .. .. VFS~~~ - ~ S~ 1-: f ~ ~, i ~ ~ ~ ~ ~ ~ ~~ r h l~,f~'jr ~ ~ - 5"~ ~ ~ ~'~ ASK Fri ~ ~'a1sj+{~ } s . 1 } y ~ 'y yye~t, i ~ ~/.T,i~ Cr J .~c~ 4 ~ ~ J .: f ~ ~ : ~ a4t y y1~ W ~ ~[ - i f ~'" i F` p f VT ~I' C _ k# ~r r{ ,+ ~3`'` n [ ~,. ~u ~ a 3 .~ 'y . ~ r. c..U ""r, !~. iw d1~ Rt iX! a ~ .w:.T ~cr Jv~'.' , - .. ' :#., .,~ , ~ 1 4y ~,~ f ~ 1 ~ } G:. .~ •'~Ini >w xl.• y .~ f k i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 7. Proposed Building Elevations ~v~~.sv~?riox -,~ ELBVATTON «. ~~ ~~ ~, ~ ~~ '~. ~ ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 8. Site Photos _ ~~. ~. ~. _.._... _,_._ _ ~~ to r .. .,r. , ~, .,., ~o.. ..,_ ~ _.,~ ~ _ ....,.~~..-.o~ ~~ ~„ - ~ {~~. ~w- _ ~4~~ ..,~~~,c ~..a ~ ~~_ ..... ~, , --- soa~ -~~_. _. -- =,._ a -~~ t _. _ 'd...l .. - 3 ~y ~ ~ • ir3EF'*t ~ ^i~5'kiy. w~Lw~». ~ ......,. ~ Y ~r Exhibit B ~- :; ~ -: ~~ ,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ; ~• . .~~' .~'`' M ~ ~_ ; . ~ ~' ~ ;~` i ~ ~~ _ 7, T'3 'gllk' rj i:s , ~;z. .~ ~M •, ~ ~ .,~ '~' Rear of "Retail 1/2" building ~ '~ ~ _ ,~ '. c 4 . i -_ ~T .:. ;q ., p .. ^~ i ~CK ~ t a~ ~'~a 3 ~-. ~; t,Y _ f ~~ ~ 4~~ ~~ x k_ _ ~~ ~~ ~ z t y ,. I ~ _. ~ -- _ - ~-. a ., 7 , re z y r ~ I r •-- "- _,. _ ,,.. .. -- .~_~ f t 4, ., ,. ~ _ r _ r I i ~.. ,. ,~ r ... .-ter .... ~ _. C$, -. ~-t: ~° 1.. E i`~ .x a~ ' I `,~ ~ e~;..~ ~: ,.,;• s d. v v?F i a' q 1' .'F'h €.,. ,:~i ~`,:. 4 ~„ ~' ~1 ~.. ;. 9'y i4•H ~,,,_~:. j. .. T C 'if{ t t r xu ~ ~. :~ ,p i '.,~~, Y ~ '~% .At~ c;y:i .. t i-' ~s.fi,~;< ~~"~ t` y z- ;~ `~ ~ ^~ ~~f .,,.;:„ ~qn, a s;-w~' ~~ev?~ 7 _~, r.+ . ~=. ~' ~' Y, s ~ , > ~~ r?~~~ ~.. 7,„. ~ ~ ~ _ _~ :~3; n~~ ~,, w~~, ,r _ F t^ _ µ ~` k ~- Y k~yn~ x.~~ ~~. ~~, t ~ ?' 'try t. ~~y ~ y: F h r t ~j.: 7I, + ~•~. .F' ,r'r tk„ ' . ~~'ii~ rki f : { Ty . 1 ~ , ! ~~ ~~ ~ _ T ~ ~~ r ~ ~` a~~ , '~,~ ;,: .,Hf,yt, c.h~.q } ~ rr CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 _~ ,~,: B. Conditions of Approval 1. PLANNING DEPARTMENT <'~ r °~_ 1.1 The site/landscape plan attached in Exhibit A.2 shall be revised as follows: r'~r `*`"~ a. A planter island is required to be constructed at the north end of the row of pazking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. ~~ b. Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along ,„ ~; Teare Avenue to serve as screening of the reaz of the building. The buffer azea shall result in #. a barrier that allows trees to touch at the time of maturity. ~ c. A trash enclosure shall be constructed on the site in the location depicted on the site plan in ~'~ Exhibit A.2. Said enclosure shall be constructed of like color and materials as the building ~~~~''. (chain link with slats shall not be used). Enclosure shall be incorporated into the overall >'} design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11- ~;i; 3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the kh° visual impact of the enclosure to passersby on the adjacent street and from adjacent ~.~;' .. properties. r.a o e.~ n4 4L.e ..4L. .~ X41. ~ f f~ n i> s `_ 'M' ~'; ~ Already stated above in 1. l a. ° =` a 1.3 The building elevations included in Exhibit A.6 shall be revised as follows: <;°; a. All wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, ~. consisting of painted block wall be covered with tex coat. ;~ "~~` *t,,..,e ., ,-,...aa ..;+t, non n~ m~ .,....t.t..... v 1.4 The applicant shall be responsible to obtain a Certificate of Zoning Compliance permit from the Planning Department for the proposed changes to the site plan and building elevations that complies with the conditions contained in this report, prior to release of occupancy for Retail Building 1/2. 2. PUBLIC WORKS DEPARTMENT Public Works has no comments on this application. 3. ADA COUNTY HIGHWAY DISTRICT '::' ~. ~ See next page ~- -~ •;~ ,k 'a:7 f' Exhibit B Y ~"~~'-.. u. -..: j: _ w ~_r,a ,a ~ ~ ~ §5'~. ,~ t ~x'~t f~v r t~ ~e ~ '. ; €,~~_ x :~:,r „rF ~' ~"i: ~'~' ~4rti. ~~: e. _ ~ tip' ~ a,r t »x i ~ f;,: s ~ V~~, - 3 ~.k d.' ~~~F~. f .d 7- r ~a,c..rt~ ~ ~ ~{~'p3~y 2 v~y4~1J ~ _. ~~ s' t~ ~S•, 'r 'T xF, i~4 r ?~~~ ~ , ~ ~V ~r'k'k j' - ~ ~ -. .:y~ k•*: I y ,4>`~ ~~! V'. r - .'~. 1. • y'4' ,r y ~~__ d r ~ `:.; i y~r i. ':r..5 :'`"" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 i ~' 3~ ~ ;,< ,;'". CBIgI A MldiEe, Ott S~eny R NuFAtr, 1ffi ~ P-esidait ova ~, trod ~ Fte~ld~@ ~~ taoraawL~"~~o ]ofin 3. rte, Cantn~sinner y, ~;r W. ftfh~da Calull~a .'.. ~ .'~ 1}' ......~ ~r - a~ ~ X14, 2aaa _ ~ e ~ ~` ~~' T®~ Fa6euiew Lakes. L.L.C 1124 Barite f1flarfa ^~~~ c~ ~ ZOQ~ ; ®aiae, td 83712 -~ _ ~.,1~ Ur ~n-Z ~a~ I~EP: Doug Tamura Pt~MA,~~ ~dT'1(~~~fC ~~~I~f"' ~; ~ SUr3,lECT~ f4lfillCt1s08~02 ;H ifNo~liFy Bfd~. Layout ~~ .~.~ 9sfl E. t=alr~rie~wAve~. ,:may "? do March 28, 21)03, ~e A~ Courtly fllghway f]isbict arxed cn tl~ revised MPP-42-03~f Por devon Park 3ubdlv~sion #1. T1Fa< ooMlitions and requlremertts a~m~ apply to MI41CU-Q~B-fl02. ~ Preor to ~nai approval you will need to subndt constructiai plans to fire ACFID F" development Reariew Secdon to insure compllaeres with ds® eortditlons identified above ~; ~~ ~ andFor for trafi`ic impact fee assassenartL Is a ~parat~e review p%ca~ss tire! requires dinmt plans seebmll~i to the Geve~pment Review staff ae lfte Highway district. "~ ~ A tratii6 inrpstt fee will bs asesaaed by AClid artd will ~ due prior to the issuenee of a ~~ buildln® pernti~k Contact AClld Planni~ 8 Develrtpnaeert Henri at 88T-8770 fbr irrforroation regar+dirgl irn~at tees. ~~ ~, If you have any aiuestions or concern®please feel free to cones this ofiace at (208} 38'71 ii. Sfrscerefy, ~~_? .,,: ~,; .:; %~' ~ Gh Kucera Right-cf-Vdday snd develo~nent ^~ntl~s ;,,:t 'sv'`~~j CCU Proms Fife ;; fit, City of Meridian '`~:~ /'4~ WIBhw~y t7ler~iet ^ 3775 A 5trest • Garde Clly, ffi • 83714. PH 208-387-68~. F:C 345~~650. wuww~dmda.fd.us x :, Exhibit B ~~~3 ~~„ k "i 3. 7i ~w~' ~ i..~~ . ;. ,~ ~~_t ~ ~ ~~ x , ? q~r~7K_ ty ^ _: ~_ ~c {S~~~Nr •nl.~t~ i!~,~ ~ R;,,- , ~~~~~ N .~~.,t.y .'u.4'' ~4$i't ~xt ~{;' t, f'?.r~,~, ~, ~.:~~:~ . CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 C. Required Conditional Use Permit Findings from UDC ~'`Y'~ "- The Commission shall base its determination on the Conditional Use Permit request upon the L~ ~ following: ~~: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional `= and development regulations in the district in which the use is located. h~ The Commission fords that the site is large enough to accommodate the changes to the CUP as ~: , proposed and still meet all of the dimensional and development regulations of the C-G district. "~~' 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Neighborhood (MU-N). The property is currently zoned C-G, which is { ' ~ consistent with the MU-N designation. The existing and future residential use of the property u= ~ ,~~:: complies with this designation. 3. That the design, construction, operation and maintenance will be compatible with other ;,N uses in the general neighborhood and with the existing or intended character of the general ,.;t vicinity and that such use will not adversely change the essential character of the same area. ~ The Commission finds that, if the Applicant complies with the conditions outlined in this report, '~ the ro osed desi p p gn, construction, operation and maintenance of the structure should be compatible with other uses in the general area and with the existing and intended character of the ~; ,t„ 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 will not '.k1` , adversely affect other property in the vicinity. The Commission fords that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. -;~ 5. That the proposed use will be served adequately by essential public facilities and services ~ ~j such as highways, streets, schools, parks, police and fire protection, drainage structures, r >~_' refuse disposal, water, and sewer. ~1 ~~ The Commission fords that the subject property is currently served and will continue to be served by the public facilities and services mentioned above. ~:~ r „ ;;; ~:,L~.: ~, <; ;_ S5 '. *,~ V': :..°~,'. '' t. }R^3; `~ ' 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use of the property should not create excessive additional costs for public facilities and services. The Commission fords that the proposed use will not be detrimental to the community's economic welfare. Exhibit C :. ~;;~ } ~JZ"t ,fix _ ,. ,~ ~S" t ~~ «Fr s. . ~ ~> t ~"x 4~ht F ~3. p 4 r- "~ ~ ~i% , `~ d' : ~r~ }~ S ~~{, ~ ~y~~< Y ~.~%, ~~~~ #~ ~ ~ ? ~ ~. ;:.y I 1 ~j'~~~i:t2 r t~~~ ~.~+'t''~~ L idyrP ~ 43'fs'~T'~+'1R't - ~,,Y.cs:~ ~~:~a. ,r u ~ .: ~~~F. a 4a'~ ~'+ti sr ,k° ~~ y~ ~~~ _ d ~+ ~ ~ i, r :. +~...• y ~, 'Sht f "'- Y '~ ~?` r~, T~' ~ C~ ~`ii~ ~ ~ ~ . _ - r6' 4i ~~ ~ i _s, .~ .. 5.~~ s `-' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008 ,'"4'~_~ 7. That the proposed use will not involve activities or processes, materials, equipment and f conditions of operation that will be detrimental to any persons, property or the general - ~ welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. ~, The Commission recognizes that traffic and noise is a concern; however, the Commission finds that the amount generated will not be detrimental to persons or property in the general area. ~. Further, the Commission does not anticipate the existing and future residential use of the property ~.~..r' will create excessive noise, smoke, fumes, glare, or odors. _,~ `r =+ ~~a:~; 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 Commission fmds that there should not be any health, safety or environmental problems Y associated with the proposed use. The Commission fmds that the proposed commerciaUretail use Y.~: of the property will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. S ,'r.,;.. Y'igc, t !z. ~1 ,_, FJ-I ,;t; p, _ .~ ~L,. i,Ii ~#•5~. ~. (~_'~ ,' f~ E} 7 Exhibit C ,.~ 1.~tvi ~ t 7 l1 Y - ~~ ~`~~ 4 FSCr }C ~ ~• ~"; :~? ~ -..4 .:.R ~f ~ ~ ~ ~ t ~.Vri~ 2t 3X. 1.:~~ z.; ~~ :3 l ~l ii` ti.~~ ~.JCC~tr f~ M ' ~~~~ 5 ': rrS :.p , ;;iC ... ..K; Y J~ ~~ T fi'~'~`J `~~. ~ ~ ,5S"' .tea.%~,P..;- "''~ ..~ s 4('~ i qt. '' ;~~ ~} ,.i '{S Ys h ~~,.; a ~ ~~ F .Y r Kh ,~ ~~12~7 +~35' ~~ r~po n see ,1?,~ r ~_(., `. + t 1, ''.~ J ka~ ~.~~ ~~ s ~~~~~~•pp 1 f~ 2 J ' Syr,,, (^a,.° f .^r M~. w November 3, 2008 RZ 08-006 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Patrick McKeegan ITEM NO. 4 REQUEST Public Hearing -Rezone of 1.39 acres from I-L to C-G zone for Lanark Property - 3131 & 3163 E. Lanark AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: Sep Attached Comments SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Sign Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian ,.;;., YlnOi~v November 3, 2008 RZ 08-007 MERIDIAN PLANNING 8~ ZONING MEETING November 6, 2008 APPLICANT Eagle Spring Investments, LLC ITEM NO. 5 REQUEST Public Hearing -Rezone of 5.91 acres from R$ to R-15 zone for Windham Place -east side of N. Meridian Road, approximately 1 /2 mile of E. Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: NO Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See Attached Comments SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Sign Posting / Attached Applicant Response /No Comment by ITD Contacted: Date: Phone: Emailed: Staff Initials: Materials presented dt pubtlc meetings shall become property of the City of Meridian ~,.~.~: y~,: '~~ ~w w,` r~;,.. ,. ,:~~; ri