Spring Creek Ustick MDA-10-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of the Request to Modify the Recorded Development Agreement
(#107022433) to allow for Development of an Assisted Living Facility instead of a
Professional Office Park by Douglas Clegg.
Case No(s). MDA-10-006
For the City Council Hearing Date of: June 1, 2010 (Findings on the July 6, 2010 City
Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of June 1, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 1, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 1,
2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 1, 2010, 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 City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the 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). MDA-10-006
-1-
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the attached Staff Report for the hearing date of June 1,
2010, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request to amend the original development agreement recorded as
instrument #107022433 to allow development of an assisted living facility instead of a
professional office park is hereby approved as evidenced in the attached staff report
dated June 1, 2010.
D. Attached: Staff Report for the hearing date of June 1, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-006
-2-
By action of the City Council at its regular meeting held on the ~~-da of
Y
2010.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED~o._
VOTED
VOTED (,~QA--
VOTED
VOTED
Mayor T e Weerd
~,,,,,
Attest: , ; ,,`~ O~ M~1Q',9~~~~''.
v o~ ti '-.
Jaycee I~lman, City Clem ~EAj~ c
= 9 p~
~c ~~
~~ 9 GST tST ~ ,~\ent, Public Works Department and City
Copy served upon Applican~~,~e DUWT'l . `````\`
Attorney. ''~ir~~~n ni~ti~~`~
0
By: Dated: ~ "~ " ~ ~
rty Cler ' Of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-10-006
-3-
STAFF REPORT
HEARING DATE: June 1, 2010 '
TO: Mayor and City Council E IDIAN~
FROM: Bill Parsons, Associate City Planner I D A H O
(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. Thg
eridian City Council heard this item on June 1.2010. At the public hearing the Counci
the subiect MDA reauest
~.. ummarv of City Council Public Hearing:
L In favor Doug Cle~~
1L In opposition: None
111. Commenting: Tim Moran. Ida Sweet. Celeste Sweet
lY. Written testimony: Tim Morgan
Y. Staff presenting application: Bill Parsons
Yl. Other staff commenting on application: Pete Friedman. Kyle Radek
1L ev Issues of Discussion by Council:
y i,ocation of the private sewer line that bisects the property and serves the church
west of the site.
11. Nation of a pressurized irrigation system and other available irrigatio
~_ alternatives.
Kev Council Changes to Staff Recommendation:
is cation to DA provision #15 and the added a new DA provision (#161. Se
changes in section 8 below
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)
Spring Creek Ustick MDA Page 6
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 '/
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
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
Spring Creek Ustick MDA Page 7
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.
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 staff's analysis thereof:
(proposed changes are provided in strikethrough and underline format)
1. (Section 5, #1) Tl.°. a°,.°,°,.w,°~. °~.~.;~ ,. ,.°.~., ~~..,,, ,.° °,..,,,,, ° ..F ..._, .° .,,° r,..,°°~« n,.,~
aarsansrod b:~Th~auixa Div' ~~E~~te~ ~ }~ n~ 1a13ele~Sheet ~}.^~. as-clete~~ed~ tie
Dl.,...,:....Tl;.-°,.~.,,-.. .,•L,°,-...:~°., ,°.,•1,,.,,,, 1, (` .,'+' 1TT D '+
• That development of this ~roperty shall eg nerally conform to the Concept Plan pared
by 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) ~at~h~fel-lei~~g-shell-~e~~e~''y-allei~~e~tses en tl}is ~~ep°~m~-thy
• 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) -r,,.,..,,° i,°,,,.~ °r °..°.....:°~ ~~...,, i.° ,;,r;~°a .,. ~ ., +,. , n ..
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
Spring Creek Ustick MDA Page 8
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) Tl~i~p-te sic--ef~~ee-t3~~s-~~cenat~teted~r'~s s~te~~ s
> >
0
That one buildins may be constructed on this site. That said buildine shall not exceed a
maximum size of 30,000 square feet and limited to a sin lg a-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
(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 fg acility ~r~* ~~'~°°'~~~~'a~~~ 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 living facility ~--~* °~'~°°'~•~~'a~„R on this site.
7. (Section 5, #15) That the applicant shall be required to install a pressurized irrigation system for
this development, unless evidence is provided from the Nampa Meridian Irrigation District
statin there is insufficient water rights to serve the propertv. The system shall utilize surface
water for its primary source. If it is determined that the site has insufficient water rights. the
a plicant shall develop a pressurized irrigation svstem that utilizes the existing well.
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 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.
Spring Creek Ustick MDA Page 9
8. (Section 5. #161 With the future CUP application for the Assisted Living Facility. the
development plans shall include: 11 relocating and tiline the existing irrigation ditch and 21 re-routine
the Church's sewer service line and establishing a permanent easement as_ testified at the public
hearing on June 1.2010.
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 10
Exhibit A.1 -Vicinity/Zoning Map
Spring Creek Ustick MDA Page 11
Exhibit A.2 -Approved Concept Plan
~ ~~,
~...~ .
US'~~C~4 Rt}~!~~
~~
i
^~ I
n„,. ~ ~.~, ,,~.
_.,
~~
tt'
~~
~~
yN~
Spring Creek Ustick MDA Page 12
Exhibit A.3 -Proposed Concept Plan
woro.o a roc
--------------------------_.--_____-__...___ iooaoercr
-----
o..nKari wee ~ioawJO°a~ x usscc eo 1 r'a `~.r
~. ,ate.-~, .. __, .. ~ _- -
- ~ r~aao rourt~w `
~
~G~
~ ' e
~t
' ~ a
I ~.. ~I
~"
m d se , i
1
ice.? I ~
q ~~
~
•. i ~ ~ ~i~noe ~ ~
~-- ~
----=-_ ' ~~_
ti ~; ~ ~ ~.
~ W ~ ~
~
~.~ a ~
.,
~, - ~
s
jC
I _ _ rr ~ A 1 ~`
f s ~ r
g
'
''
1
(
>~ ~ ~ ,~'~
~ +
~
~ , z „
~-
~~ 4 ~ a
_~.__
__._
- _ -~. -
.~
~ DAr1
Spring Creek Ustick MDA Page 13
Spring Creek Ustick MDA Page 14
Exhibit A3 -Approved and Proposed Elevations
Proposed Elevations
~~ "VEST ELEVATICIN.
tr.< <. w.. ron
A..wn
IA
.~. ~ ~.».. r.»
1... r ww
..... Y«w w~~r..
~- ilap vrrw
~ _ _.
~--.-~
1--y
"~`
rwimc ~
mare ~e.v.c
waste utvwlura
txnuoe m.~c
q~ tns' r~cvnrrurv
Spring Creek Ustick MDA
Page I S
A4.0
Exhibit A.4 -Applicant's Narrative
gPr'n8
Creek
UVM~IG - t~MOt7V CARE
~I~ r
1L~7"'~'~'la
April 20, 2010
City of Meridian
33 B. BroMway Avaue, Suite 2i0
Meridian, Idaho 83642
Regarding: Modification of Development Agreaanat dated September 26, 2006, recorded February 1 S, 2007
undue instrwnmrt number t07022433
To whom it may concern:
David Price, the ariginel dwsloper and applicant of the Ashtyn Park offxx dovolopmat has asked me Douglas
Clegg, as the managing member of Spring Croak Idaho; to request s nsodification to dre above menkioned
QavelopmeTd a®reernerrt dated Septanber 26, 2006 aid retarded February 15, 2007 under the inshmnead number
107022433 by J. David Navarro as the ADA COUNTY RBCt)RDBR
Ashtyr- Park was originally designed ~ a pr+of'eesiarml ofFice davelopmoat and was annexed and xonad LO into the
City of Meridian. David bin aeon an invarbor with Spring Credo Idaho for five years end cronaequently has seen the
vehra of what ea easimed living project cxn bring to a community. Attar several moedra of nuuket ~rdies, meppieg
etndies, and aim use plain wro have ooctchrded that this kresdon is en ideal setting for one of our facilities.
Of necessity we are seeking somo changes in the original derebpamrrt agteemeffi that seem to align with the needs
of s project of this natwe. 3pecificsliy we aro re~ediog the fdkiwing changes utxier section S.1 of said
deve{opmarnt agraernat:
• {i) That development of this property shah generally conform to the Coaroapt Plan prepared by The Land
Group, Inc., dated 6-13-06, labeled Sheet L1.Q, as detmmined by the Palming Director or otherwise
approved through a Conditional Use Permit
• To rtiad-That development of this property shall garrerally oonfasrn ro the Concept Plan preperod by Aspen
Bngir-aera dated May 4, 201 fl kbeled Spring Credo Uatick ~ determined by Planning Diroctor or odiawiee
approved through a Conditional Use Permit.
• Reason far tle~e - Gattoopt Plan viii need b r~tect one proposed assisted living facility hretead of six
otTioes.
• (2) That the boon: of operation ahal! be limited to 6 am. To l0 pm.
• To r+ad -That the bows of operation shall be regulated by the Depatrnat of Iieatlh and R-dfero. It is
understood that atafMg for said fscilhy is neoesaruy for tho fife sad safety of rosideab 24 bows a day 7 days
a week.
• Reason for Gyasge - A residential heakh are licase in the State of hlsho necessitates 24 how wake care
Oeneralty speaking roquirod staff for a ficifity of thin sine is 8 dwiag wake hours and 2 doming night oeede,
which aro usually betwems 10 pm and 6 em.
• (lh That up tD six oflioatype buildings may be constructed on this sits. That said bnildinga shall have s
maxiamer- size of 5,000 squsro feet each, and be limbed oo a singb-story. Bach buiWiug shau provide;
vaiatiom in roof line with at least a portion of the roof having a minimum 6J12 pitch, awnings over soma
of the wiadowa end the building erdranoe, cdumrrs, ~ least 2516 of the fran aid sheet-facing fagade to
contain windows, aid at last two different typos of siding and accart materiels. Thrt ell now shwas will
be ga~ally compatibb in appearaooe end balk whh the provision listed above std the pictures sa~nitsed
Spring Creek Ustick MDA Page 16
e~pring Creek
„~,~ .,,~~ uar~ _ ~~~,~, ~ www.acmanor.com 88&408.2667 S e Page 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 accosted fascia to ba
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 C6aage -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 rho 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.
• Reason for Change -Applicant is seeking to relocate 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 Resd - That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed
along the south and wost 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.
• (1~ 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.
• To Read -Strike from development agreement
• Reason for Change - Currer-t 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 to request the above changes and hope that some of our recommendadons
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 17