Staff ReportSTAFF REPORT
HEARING DATE: June 1, 2010 '
TO: Mayor and City Council E IDIAN~-~-
FROM: Bill Parsons, Associate City Planner ~ ~ ~ ~ ~
(208) 884-5533
SUBJECT: MDA-10-006 -Spring Creek Ustick (aka Ashtyn Park)
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Douglas Clegg, is requesting to modify several provisions of the recorded
development agreement (instrument #107022433) approved with the Ashtyn Park annexation. The
applicant wishes to amend the DA to move forward with developing the site with an assisted living
facility instead of six building office complex. A new concept plan and building elevations are
attached in Exhibit A below.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application as detailed in Section VIII of the staff report.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
10-006, as presented in Staff Report for the hearing date of June 1, 2010, with the following changes:
(insert any changes here). I further move to direct Legal Department Staff to prepare a Development
Agreement for this site that reflects the changes noted in Section VIII.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10-
006, as presented during the hearing on June 1, 2010. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-10-006 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southwest corner of Ustick Road and Meridian Road in the northeast '/a
of Section 1, Township 3 North, Range 1 West
B. Owner(s):
David and Charlie Price
2291 N. Greenview Court
Eagle, ID 83616
C. Applicant/Representative:
Doug Clegg
253 E. Calderwood, Suite E
Meridian, Idaho 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information (Exhibit
Spring Creek Ustick MDA Page 6
A.4).
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: May 10, and 24, 2010
C. Radius notices mailed to properties within 300 feet on: May 7, 2010
D. Applicant posted notice on site by: May 13, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant, un-platted land, zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by a mix of uses that include single family residences, a city park, a developing office
complex and a church.
North: Settlers Park, zoned L-O
East: Single-family residential properties in Eastbrook Village Subdivision and a Single Family
Residence, zoned R-8 and R-4
South: Rural Residence, zoned RUT in Ada County
West: Church, zoned L-O
C. History of Previous Actions:
• In 2006, this property was annexed (AZ-06-034) with an L-O zoning district. A development
agreement (DA), instrument #107022433, was recorded as a provision of annexation.
D. Utilities:
1. Public Works:
Location of sewer: There is a City of Meridian sewer main in Meridian Road. The sewer
line that crosses this property is a private facility and would not be eligible to be connected
to.
Location of water: There is currently a water main in Meridian Road and W Ustick Road.
Issues or concerns: The applicant will need to continue to provide a City sewer service
through this site; the existing line is private and is not eligible to be connected to. Public
Works Staff does not support the removal of DA provision #15 and recommends Council
require the applicant to install a pressurized irrigation system.
VII. AGENCY COMMENTS MEETING
No other comments were received by the Planning Department for the subject application.
VIII. STAFF ANALYSIS
When the annexation was approved in 2006, a development agreement (DA) was approved that
included a conceptual site plan for a six building office complex. The site plan showed conceptual
building pad locations, parking, drive aisles, and access points to the site (see Exhibit A.2). Because
the applicant did not have specific users for the site at that time, the plan was conceptual in nature.
Now, the applicant is requesting to amend the DA to develop the site with a single story 30,000
square foot assisted living facility. Specific provisions of the DA make it impractical to commence
the use and develop the site as proposed.
Spring Creek Ustick MDA Page 7
The recorded DA requires compliance with an approved concept plan that depicts six office buildings,
limits building size to 5,000 square feet and limits uses on the site to only principally permitted uses
in the L-O zoning district. Further, other provisions require the installation of the landscape buffers
prior to occupancy of the first building on the site. The applicant has provided a new concept plan
and new building elevations that depict the future development of the site. It is important to note the
applicant will have to obtain CUP and design review approval prior to commencement of the use. The
DA modification is needed before the applicant can move forward with subsequent applications.
The following is a summary of the modified provisions of the DA and staffs analysis thereof:
(proposed changes are provided in strikethrough and underline format)
1. Section ~?' ~~ ° ~" ~ ~ t t:: ~ + Pl
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• That development of this property shall eg_ nerally conform to the Concept Plan prepared
b~Aspen Engineers, dated 5-04-10, labeled Spring Creek Ustick as determined by the
Planning Director or otherwise approved through a Conditional Use Permit.
The applicant has submitted a new concept plan that depicts only one building, therefore a new
concept plan has been provided.
2. (Section 5, #6) T'~~l~v~l~e-tk~e~le~ved~se~e~ieF°~nne~a~ly
• The uses allowed pursuant to this agreement are those uses allowed in the L-O zoning
district listed in UDC Table 11-2B-2.
Staff is recommending this DA provision be amended because an assisted living facility requires
procurement of a CUP.
3. (Section 5, #7) Tl:ut two h,.,,..~ ,.c,. a .,.: ~T...~i wo i:.,.,:.ea +„ ~ ,. .,. i n ,.
v vui u
Staff is recommending the following provision be removed from the DA. The reason for the removal
is the UDC currently restricts the hours of operation between 6 am and 10 pm for L-O zoned
property. Further, the normal administrative operations for the facility will occur between the
specified hours outlined in the UDC. The primary function of the evening nursing staff is to provide
care to the residents. The UDC specifically states the hours of operation do not apply to business
operations occurring after hours by a limited number of employees. The applicant has indicated that
two nurses are required by State of Idaho for a facility of this size. Therefore, staff believes this
provision of the UDC does not conflict with the 24-hour nursing care proposed for the facility.
4. (Section 5, # 8)
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• That one building may be constructed on this site. That said building_shall not exceed a
maximum size of 30,000 square feet and limited to a sin lg e-story. Roof pitch shall be
6/12 with awnings over exterior entrances and variations over windows. Columns shall
be constructed of stucco and/or stucco accents as submitted on the concept elevations
Spring Creek Ustick MDA Page 8
(attached as Exhibit A.31. Windows with colored trim and accented fascia to be included
Said structure shall conform to pictures/elevations submitted with any CUP and design
review applications and as determined by the Planning Director
For illustrative purposes only, the applicant has provided new building elevations of the assisted
living facility. The proposed use requires procurement of a CUP. Further the UDC requires the site
and building design to receive administrative design review approval. Staff will provide a more
detailed analysis of the site plan and building elevations with the submittal of the CUP and design
review applications.
5. (Section 5, #9) That a 25-foot wide landscape street buffer will be constructed adjacent to
Meridian Road, and Ustick Road, unless approved through alternative compliance, located
entirely outside of the right-of--way; that said landscape buffers shall be installed prior to
occupancy of the assisted livin facility ~~~'~ ~~Aig on this site.
The applicant has requested to install a 20-foot landscape buffer in lieu of the 25-foot buffer required
by both the DA and the UDC. The submitted concept plan depicts a 20-foot wide landscape buffer
adjacent to Ustick Road and Meridian Road. Staff is recommending the DA provision be modified to
include a request that the landscape buffer maybe reduced if approved by alternative compliance.
6. (Section 5, #10) That a 20-foot wide land use buffer, constructed in accordance with the UDC,
will be installed along the south and west property lines; that said land use buffers shall be
installed prior to occupancy of the assisted livin fg acility €rrs~e£~€i~i~g on this site.
7. (Section 5, #15) That the applicant shall be required to install a pressurized irrigation system for
this development. The system shall utilize surface water for its primary source.
The applicant has requested the removal of DA provision #15 which requires the installation of a
pressurized irrigation system. The UDC (11-3A-15) requires the each development to provide a
pressurized irrigation system however these same standards also maybe waived if the property does
not have water rights in an existing irrigation district. The applicant stated in the narrative this is the
case however proof from the irrigation district was not submitted with the subject application.
Therefore, City Staff is recommending Council require the applicant to install a pressurized irrigation
system.
In summary, staff supports the changes to the development agreement proposed by the applicant
along with those recommended by staff, as detailed above.
IX. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to Development Agreement
2. Approved Concept Plan
3. Proposed Concept Plan and Proposed Elevations
4. Applicant's Narrative
Spring Creek Ustick MDA Page 9
Spring Creek Ustick MDA Page 10
Exhibit A.1 -Vicinity/Zoning Map
Exhibit A.2 -Approved Concept Plan
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Spring Creek Ustick MDA Page 11
Exhibit A.3 -Proposed Concept Plan
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Spring Creek Ustick MDA Page 12
Spring Creek Ustick MDA Page 13
Exhibit A.3 -Approved and Proposed Elevations
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Spring Creek Ustick MDA Page 14
Exhibit A.4 -Applicant's Narrative
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If~EPEhDEi~E[ ~ AS915tED WNG - A4EA+tD(tY CARE
Apri120, 2010
Gity of Meridian
33 E. d3roadway Avemue, Suite 210
Meridian, Idaho 83642
Itog~trding: Modification of Devebpment Agroemerrt dated September 26, 2006, reoordod February 1 S, 2007
under ~sdument number 107022433
To wham it mny oon~rn:
David Price, the origiead dervaloper and applicant of the Aahtyn Park office developmart has asked me Douglas
Clegg, as the managing member of Spring Creek Idaho; to rogtreat a modification to d~ above nrerrtia-ed
dervelrpment agreemerrt domed saptember 26, 200b and recorded F®bruary 1 s, 2007 tinder tbo inatnanatt mmrber
107022433 by 7. David Navarro as the AAA COUNTY 1tECOdZDER
Asht~m Park was origirrslly designed as a professiomel office development and was entranced and tsaned LO into the
City of Moridiatr. David boa been as investor with Spring Creek Idaho for five years and cansegrtartly has soon the
value of wdun an misted living project cxm bring bo a community. Aflor severed nwrrttrs of market studies, mapping
atndica, and site use pdara vwe have oornchrded that this location is an ideal aetNng for ono of our facilities.
Of necessity vwe are sedcing some changes to dro odgitad development agroemerrt dart aeom to adigo with the needs
of a pnojed of this nature. specifically we ern requeatiag the fdbwirtg changes utrdor section 5.1 of said
developmerrt agreerrrerrt:
• (I) That devedopmerrt of this property shall gererally conform to the Concgtt Plet- prepared by The I.attd
(3rotrp, Inc., dated 6-13-06, labeled Sheet Ll .0., as determined by the Pluming Director or odrerwiae
approved through a Conditional Use Permit
+ To read That doveiopment of this pmpaty shall generally onafarm to the Concept Plan propred by Aapom
Engineers dated May 4, 20d01abeled Spring Credo Ustick as determined by Plermiag Director or odrawise
approved through a Conditional Use Permit,
+ Reaaost for eirrrrple - Corrcapt plan will need tD reflect ono proposed assisted living facility instead of six
atllaea.
• (2) That the hams of opaatiort shall bo limited m b sat. To l0 pm.
+ To r+errd - That the hours of opaation shalt lre regulated by the Deperdnatt of Health and R-elfiae. i< is
understood that atafling for said facility is neoaassry for the life sad sakty of readdaata 24 hour a day 7 days
a weak.
+ Reseou for CI-age - A rmidesrtial haaklr care licaree in the State of Idaho na~sitaties 24 hour wekc care.
Cienaaliy apeskitrg required staff far a flrcility of this size ds 8 during wake hours and 2 during nigdrt needs,
which aro usually betweaa 10 pm and 6 am.
• ($) That up to six oRioe-type buildings may bo can~nrcted an this site. That acid bnildiaga slwU have a
maximum size of 5,000 equate few,t ~, and be limbed to a ainglo-s6ory. Bach building shall provide;
varLtiora In roof Imes widr at least a portdaat of the roof'having a minimum til12 pitch, awnings ovx some
of the windows and the building erthanoe, adunura, at lest 2594 of the front sad apeef'facing frrpado to
contain window+a, end at daaat two different types of aiding sod secerrt materials. Tlut sU now will
be generally compadbb in appearance and bulk with the provisions listed above end the picdaes submitted
Spring Creek Ustick MDA Page 15
e~prir>g Creek
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Verge 2 of 2
with the annexation application, as determined by the Planning Director or otherwise approved through a
Conditional Use Permit.
• To Read -That one assisted living building may be constructed on this site. That said building shall have a
maximum of 30,000 square feet and limited to a single-story. Roof pitch shall be 6/12 pitch with awnings
over exterior entrances and variations over windows. Columns will be constructed with rock/stucco accents
as noted on submitted concept elevation plans. Windows with colored trim and accented fascia to be
included. Said structure shall conform to pictures to be submitted in design review applications, and as
determined by the Planning Director or otherwise approved through a Conditional Use Permit.
• Reason for Change -One assisted living facility, which has been previously constructed on Overland and
Five Mile in the City of Boise does not reflect the original pictures and design recommendations by previous
applicant/developer.
• (9) That a 25-foot wide landscape buffer will be constructed adjacent to Meridian Road, and Ustick Road,
located entirely outside of the right-of--way; that said landscape buffers shall be installed prior to occupancy
of the first office building on the site.
• To Read - That a 20-foot wide landscape street buffer will be constructed adjacent to Meridian Road and
Ustick Road, located 20' behind proposed back of curb for future ACRD improvements. Said landscape
buffers shall be installed concurrently with the construction of said facility and prior to issuance of
certificate of occupancy.
• Reawe for Change -Applicant is seeking to relocato five feet of previously required buffer adjacent to
building, surrounding resident patios to provide more green-space accessible to seniors, In addition to this,
applicant exceeds landscape ratios and density in tree caliper and shrubs far above City of Meridian
landscape requirements. Application for alternative compliance will be submitted concurrently with this
application if required for approval.
• (10) That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed along the
south and west property lines; that said use buffers shall be installed prior to occupancy of the first office
building on this site.
• To Read - That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed
along the south and west property lines; that said land use buffers shall be installed concurrently with the
construction of said facility and prior to issuance of certificate of occupancy.
• Reason for Change -Applicant needs full access to all areas of site to construct one building. Having
landscape buffers completed prior to completion of proposed building would inhibited contractor to
complete vertical improvements without damage and consequently additional cost to recover damaged
landscape buffer.
• (1ST That the applicant shall be required to install a pressurized in igation system for this development. The
system shell utilize surface water for its primary source.
• To Read -Strike from development agreement
• Reason for Change -Current lateral, tap and use location of said property prohibits a rotational use of
water rights that is compatible for a pressure irrigation system (every 11 days for limited time at end of
lateral). Developer has more information willing to share at hearing.
We want to thank you for the opportunity W request the above changes and hope that some of our recommendations
will produce an improved use of said development and consequently fulfill the City of Meridian's Goal that
improves family life and community.
Sincerely,
Douglas B. Clegg
CEO
4
Spring Creek Ustick MDA Page 16