Spring Creek Ustick Assisted Living Facility CUP-10-004CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF CVERJDIAN*,,-,
LAW AND I D A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for a Residential Care Facility in an L -O Zoning
District for Spring Creek Ustick Assisted Living Facility, by Douglas Clegg.
Case No(s). CUP -10-004
For the Planning and Zoning Commission Hearing Date of: August 5, 2010 (Findings on
August 5, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 5, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 5, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
5, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 5, 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 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 §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -10-004
Page 1
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 August 5, 2010, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan,
landscape plan, and building elevations attached in Exhibit A of the staff report dated
August 5, 2010, 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 August 5, 2010, 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 -5B -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 -10-004
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
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 may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be 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 August 5, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -10-004
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the 5-W\
day of Avq vsk , 2010.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
VOTED !LS
VOTED abS 4-
VOTED-woz
VOTEDges
VOTED(, fj�__
MICHAEL ROHM
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: AA Cullak" saw k Dated: I �i
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -10-004
Page 4
STAFF REPORT Hearing Date: August 5, 2010
(Continued from July 15, 2010) C>
WIDIAN--
TO: Planning & Zoning Commission I D A H O
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP -10-004; ALT -10-004; DES -10-029
Spring Creek Ustick Assisted Living Facility
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Douglas Clegg, has applied for Conditional Use Permit (CUP) approval of a residential
care (assisted living) facility in an L -O district. The applicant proposes to construct a 28,100 square
foot, single story, 46 -unit facility on 2.3 acres.
The applicant requests alternative compliance (ALT) to UDC Table 11-2B-3 to reduce the width of
the street landscape buffers along Ustick and Meridian Roads from 25 feet to 20 feet and transfer the
5 feet to a buffer between the building and the parking area. Alternative compliance is also requested
to UDC 11-3A-19A.3a to allow all of the parking for the site to be located between the building
facades and abutting streets. Design review (DES) approval is requested for the site and structure in
accord with UDC 11 -5B -8B. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed development with the conditions of approval listed in
Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning and Zoning Commission heard this item on August 5. 2010. At the
public hearing, they moved to approve CUP -10-004.
a. Summary of Commission Public Hearing:
i. In favor: Doug Clegg
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Doug Clegg
V. Staff presenting application: Sonya Watters
vi. Other staff commenting on anDlication: Pete Friedman
b. Key Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CUP -10-
004; ALT -10-004; and DES -10-029, as presented in the staff report for the hearing date of August 5,
2010 with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CUP -10-
004; ALT -10-004; and DES -10-029, as presented during the hearing on August 5, 2010, for the
following reasons: (you must state specific reasons for denial and what the applicant could do to
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 1
obtain your approval in the future).
Continuance
I move to continue File Numbers CUP -10-004; ALT -10-004; and DES -10-029 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 at 3165 N. Meridian Road, on the southwest corner of N. Meridian Road and
W. Ustick Road, in the northeast % of Section 1, Township 3 North, Range 1 West.
B. Owner(s):
David and Charlie Price
2291 N. Greenview Ct.
Eagle, ID 83616
C. Applicant:
Douglas B. Clegg
253 E. Calderwood, Ste. E
Meridian, ID 83642
D. Representative:
Douglas B. Clegg, Spring Creek Ustick, LLC
253 E. Calderwood, Ste. E
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: June 28, 2010
C. Radius notices mailed to properties within 300 feet on: June 24, 2010
D. Applicant posted notice on site by: June 2, 2010
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area
consists of public (City park), church, and residential uses.
1. North: Settler's park, zoned L -O
2. East: Single-family residential properties, zoned R-4 and R-8
3. South: Rural residential property, zoned RUT in Ada County
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 2
4. West: Church, zoned L -O
C. History of Previous Actions:
➢ In 2006, the subject property was granted Annexation and Zoning (AZ -06-034) approval by
City Council with an L -O zoning district under the name of Ashtyn Park. A Development
Agreement (DA) was approved with the annexation (Instrument No. 107022433) that only
allowed principally permitted uses within the L -O zoning district. A conceptual development
plan was included in the DA.
➢ A Development Agreement Modification (MDA -10-006) was approved by City Council on
July 6, 2010, which allowed for the construction of a 28,100 square foot single -story assisted
living facility instead of an office park as previously proposed. A new site plan and building
elevations were also included in the DA for the proposed assisted living facility.
D. Utilities:
1. Public Works:
a. Location of sewer: N Meridian Road
b. Location of water: Two connections will be required one from N Meridian road and
another from W Ustick Road.
Issues or concerns: Sanitary sewer service to this development is being proposed via
extension of mains in N. Meridian Road. There is a sewer line that crosses this property that
serves the adjacent Presbyterian Church. The service line is a private facility and is covered
by a private easement dedicated to the church. The applicant will need to submit an easement
relinquishment letter to the City signed by the church. Additionally, the applicant will need to
demonstrate to Public Works how they will continue to provide sewer service to the church
along with any new easements needed to cover the alternate routing of the sewer service. The
easement relinquishment letter will need to be provided before the City will approve any new
constructions drawings or issue a Certificate of Zoning Compliance.
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is unaware of any hazards that may exist on this property.
Flood Plain: This property does not lie within the flood plain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
A portion (1 +/- acre) of this site is designated as "Medium Density Residential" and the remainder
(1.3 +/- acre) is designated "Public, Quasi Public, and Open Space" on the Comprehensive Plan
Future Land Use Map. Per Chapter VII of the Comprehensive Plan (page 99 & 106), the medium
density residential designation allows smaller lots for residential purposes within City limits. Uses
may include single-family homes at densities of 3 to 8 dwelling units per acre. Areas designated for
public, quasi public, and open space are designated to preserve and protect existing private,
municipal, state, and federal lands for area residents and visitors. This category includes churches and
public lands (excluding parks and schools) within the Area of Impact.
While the proposed use of the site is not medium density residential or public, quasi public, or open
space as designated on the future land use map, staff believes the residential nature of the proposed
assisted living facility is similar (or less) in intensity to a residential development and will be
compatible with adjacent residential and church uses and the City Park across the street. Therefore,
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 3
Staff believes the assisted living facility is an appropriate use on this site and is consistent with the
intent of 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):
• Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the subject property 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).
➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). 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.
Municipal, fee -supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
Because the proposal is a form of residential development, Staff believes that the proposed
project is compatible with existing adjacent residential uses to the south and east, and the church
to the west due to its low impacts. In addition, the applicant is proposing to construct a 20 foot
wide landscape buffer and 6 -foot tall vinyl fence along the south and west property boundaries as
a buffer between land uses.
• Chapter V, Goal III, Objective D, Action 5 — Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping, internal parking lot landscaping, and buffers between land uses are
depicted on the landscape plan for the proposed project. All landscaping shall be installed and
maintained on the site in accordance with the standards listed in UDC 11-3B.
• Insure that high-quality emergency care, primary, 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 residential care (assisted living) facility and believes it will
contribute to the variety of long term health care options available in the community.
• Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors
and arterial streets.
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 4
Only one access is proposed to/from Meridian Road, an arterial street; no access points are
proposed or approved to/from Ustick Road. The applicant proposes to close the existing driveway
to Meridian Road.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, and
conditional uses in the L -O zoning district. The proposed assisted living facility is classified as a
nursing/residential care facility use per UDC 11-1A-1. Thus, conditional use approval is required
in accord with UDC Table 11-2B-2. Additionally, specific use standards apply to this type of use
(see UDC 11-4-3-29).
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: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the L -O zoning district.
D. Landscaping
1. Width of street buffer(s): 25 feet adjacent to W. Ustick Road, a principal arterial street; and 25
feet adjacent to N. Meridian Road, a minor arterial street
2. Width of buffer(s) between land uses: 20 feet adjacent to residential uses
3. Percentage of site as open space: NA
4. Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement. There are some existing trees on the site that are greater than
4 -inch caliper that are proposed to be removed. Elroy Huff, City Arborist, verified there is
87 caliper inches that need to be mitigated.
E. Off -Street Parking: UDC Table 11-3C-6 requires 0.5 vehicle parking spaces per bed. Because 46
beds are proposed 23 parking stalls are required; 29 are proposed which complies with and
exceeds this requirement. In addition, UDC 11 -3C -6G requires 1 bicycle parking space be
provided for every 25 proposed vehicle parking spaces or portion thereof. Based on this
requirement, a bicycle rack capable of holding a minimum of 2 bicycles is required to be
provided on the site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Conditional Use Permit (CUP): Conditional use permit approval is requested for a 28,100
square foot, 46 -bed, 24-hour care assisted living facility in an L -O district, in accord with
UDC Table 11-2B-2. Staff has reviewed the proposed site plan and found it complies with the
dimensional standards listed in UDC Table 11-2B-3 for the L -O zoning district.
Access: One access point to/from the site is proposed via N. Meridian Road at the south end
of the site; no access is proposed or approved via W. Ustick Road. The existing access to
Meridian Road is proposed to be removed. A cross-access/ingress-egress easement is
required to be provided to the church property to the west; a gate with a Knoxbox padlock
shall be installed across the drive aisle until such time as the driveway from the church
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 5
property is paved. Cross -access is not required to be provided to the residential property to
the south.
Sidewalks: The site plan depicts an existing 5 -foot wide attached sidewalk along Meridian
Road and a proposed 5 -foot wide detached sidewalk along Ustick Road. The Comprehensive
Plan (page 55) and UDC 11 -3A -17C requires detached sidewalks along all arterial streets
within the City. Because the existing sidewalk along Meridian Road was recently constructed
with adjacent road improvements, staff is not requiring a new detached sidewalk to be
constructed at this time. A detached sidewalk will be reconstructed by ACHD at a later date
with the widening of Meridian Road.
ACHD's Capital Improvement Plan shows right-of-way (ROW) being preserved for a 5 lane
roadway (48 feet of ROW from centerline) for Meridian Road and a 6 lane roadway (54 feet
of ROW from centerline) for Ustick due to the future intersection project.
In accord with ACHD conditions, the sidewalk shown on the site plan along Ustick will need
to be shifted further to the south in the ultimate location for the intersection project, 53 feet
from the centerline of Ustick for the first 100 feet from the, tapering to 42 feet for the
remaining frontage.
Either a 6 -foot wide parkway with root barriers or an 8 -foot wide parkway planted with class
II trees will be required between the curb and sidewalk along Ustick and Meridian (upon
widening) Roads. The trees shown on the landscape plan outside of the area where the
parkways will ultimately be located should be relocated within the anticipated parkway area
accordingly. The ultimate curb location for determination of the landscape buffer has not yet
been determined by ACHD; the location of the sidewalk along Ustick as depicted on the site
plan is approximate.
Landscaping: The site landscape plan includes evergreen trees in interior planters within the
parking lot which are prohibited per UDC 11-3B-8C.2d. Additionally, each interior planter
that serves a single row of parking spaces shall be landscaped with at least one tree and shall
be covered with low shrubs, lawn, or other vegetative groundcover, per UDC 11-3B-8C.2d. A
revised landscape plan that reflects compliance with the landscape ordinance will be required
with the certificate of zoning compliance. Any landscaping within the right-of-way will
require a license agreement with ACHD.
Amenities: The site/landscape plan depicts the following amenities proposed for the site: 1)
A sitting area with benches within the street buffer along Meridian Road; 2) two raised
planter beds with overhead shade structures at the rear of the structure along the west
property boundary; and 3) a water feature at the north east corner of the site. Because ACHD
is requiring additional right-of-way be dedicated at the Meridian/Ustick Road intersection to
accommodate signal equipment, the site/landscape plans will need to be revised accordingly
and the water feature will need to be moved back into the site further.
Utilities: There is an existing 12 -foot wide public utility and irrigation easement shown on
the site plan that bisects the property over which the structure is proposed to be located; this
easement is proposed to be relocated south of the structure. The easement shall be vacated
prior to issuance of certificate of zoning compliance.
There is also a private sewer line that bisects this property which provides sewer service to
the church located west of the subject site. The applicant will be required to submit a signed
letter of relinquishment from the church for the easement and be required to demonstrate to
Public Works how the church will continue to be provided with sewer service during
relocation of the service line. A new sewer easement shall be recorded for the relocated
service line; a copy of the easement shall be submitted with the Certificate of Zoning
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 6
Compliance application.
Building Design: The Applicant has submitted building elevations with this application that
are included in Exhibit A.4. Building materials depicted on the elevations include cottage lap
siding with stucco and cultured stone veneer accents and architectural shingles. Staff is
supportive of the proposed elevations as they comply with the design standards listed in UDC
11 -3A -19C, the City's Design Manual, and the elevations in the amended Development
Agreement for this site. The future building constructed on this site shall substantially comply
with these elevations.
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. The
recommended conditions require the applicant to comply with this requirement.
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.
2. Outdoor play equipment over six feet (6) high shall not be located in a front yard or
within any required yard.
3. Outdoor play areas in residential districts or uses adjacent to an existing residence
shall not be used after dusk.
C. Additional standards for uses providing care to patients who suffer from Alzheimer's
disease, dementia or other similar disability that may cause disorientation: A barrier with
a minimum height of six 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. 05-1170, 8-30-2005, eff. 9-15-2005) The applicant states that this facility will
house patients with disabilities that may cause dementia. The facility will have secured
entry and be fenced in areas accessible by these patients.
2. Alternative Compliance (ALT): The applicant requests approval of Alternative Compliance
to construct a 20 -foot wide street landscape buffer along both Ustick and Meridian Roads
instead of a 25 -foot wide buffer as required by UDC Table 11-2B-3. UDC 11 -3B -7C.1 c
allows a buffer reduction through the alternative compliance process in developments where
the required buffer width results in an otherwise unavoidable hardship to the property.
As mitigation for reducing the width of the street buffers, the applicant proposes to transfer 5 -
feet of the required 25 -foot wide buffer immediately around the proposed assisted living
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 7
facility to provide an additional landscape buffer between the resident's rooms and the
adjacent parking lot. The applicant also proposes to install additional amenities in the form of
a water feature & bench seating area with bollard lighting within the street buffers and a large
number of trees, bushes, plantings and grass within the area between the building and parking
area.
Staff is supportive of this request as it meets the intent of the ordinance and provides a
superior landscape and amenity plan for the site, which will benefit the residents of the
facility as well as provide attractive curb appeal from the street. Additionally, because the site
involves space limitations due to the width of the lot, staff feels landscaping next to the
resident's rooms would be more beneficial to the residents than the full buffer width being
required adjacent to the streets.
A second request for Alternative compliance to UDC 11-3A-19A.3a to allow all of the
parking for the site to be located between the building facades and abutting streets is
requested in accord with UDC 11-5B-5.
As mitigation, the developer proposes additional landscaping as shown on the landscape plan
within the street buffers to screen the parking areas, which meets the intent of the ordinance.
Approval of the alternative compliance request would allow the resident's rooms to be
located further from the street for safety as well as quality of life purposes. It will also allow a
rear yard area for the residents away from vehicular traffic providing a peaceful area for the
residents to gather and enjoy the outdoors. Additionally, UDC 11-4-3-29C requires a fenced
area be provided for patients with disabilities that cause dementia. If the building were
required to be brought up to the street, the parking would be at the rear of the structure which
would interfere with the backyard feel of the facility where raised planter beds, walking
paths, and sitting areas are proposed.
Because this is a residential use, staff is supportive of the structure being set back from the
adjacent streets and parking being located between the streets & building as proposed for the
above mentioned reasons.
Note: Per UDC 11-5A-21 Alternative Compliance applications are approved at
administrative level by the Planning Director. However, because ALT is requested
concurrently with the CUP, Staff has included analysis on the ALT request in this staff
report; the ALT application does not require Commission/Council action.
3. Design Review (DES): The applicant has requested DES approval with this application in
accordance with UDC 11 -5B -8B, which requires design review for all new commercial
development subject to conditional use, as follows: (staff analysis in italics):
1. Architectural Character:
a. Facades — Building facades visible from a public street or public space shall
incorporate modulations in the fagade, including but not limited to, projections,
recesses, and step backs that articulate wall planes and break up building mass.
Facades shall be modulated and articulated in accord with the "City of Meridian
Design Manual." The proposed building incorporates recesses in the favade
where doorways and windows are located with rooflines that project in these
areas to create modulation and articulation on the north & east sides of the
structure visible from adjacent public streets.
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 8
b. Primary entrance(s) - The primary building entrance(s) shall be clearly defined by the
architectural design of the building. The primary entrance is defined by a porte-
cochere; columns are based in stone, recessed panels and crown caps.
c. Rooflines - Roof design shall provide variations in profile through modulation and/or
articulation in accord with the "City of Meridian Design Manual", including but not
limited to, the following: 1) overhanging eaves; 2) sloped roofs; 3) two or more roof
planes; 4) varying parapet heights; and 5) cornices. The proposed roof design
incorporates sloped roofs, overhanging eaves, and various roof planes with gable
ends.
d. Pattern variations — Architectural building design shall not create blank wall
segments along public streets and/or adjacent public spaces. Architectural elements,
including, but not limited to, windows, awnings and arcades, shall have color,
texture, and/or materials to mitigate blank walls. The architectural design of the
building incorporates a large amount of windows and doors adjacent to public
streets. The lap siding and trim is proposed to be two different shades of green with
the stucco a bamboo color. The cultured stone veneer, wood siding, and stucco will
provide a variety in texture and materials.
e. Mechanical equipment - All ground level mechanical equipment shall be screened to
the height of the unit as viewed from the property line. All rooftop mechanical
equipment shall be screened as viewed from the farthest edge of the adjoining right
of way. The applicant shall comply with this requirement.
2. Materials:
a. Exterior building designs shall demonstrate the appearance and use of high-quality
materials, including, but not limited to, stone, brick, wood or other natural materials,
tinted or textured masonry block, textured or architecturally detailed concrete panels,
or stucco -like synthetic materials. As previously stated, the structure is proposed to
consist of horizontal cottage lap siding with stucco and cultured stone veneer accents
and architectural shingles. The siding and trim is proposed to be painted in two
different shades of green with bamboo colored stucco.
b. Smooth faced concrete block, prefabricated steel panels, and/or vinyl are prohibited
as finish materials but may be approved as accent materials in accord with the "City
of Meridian Design Manual." The aforementioned materials are not proposed.
c. Un -textured concrete panels are prohibited as finish and/or accent materials.
Concrete panels are not proposed.
3. Parking Lots: For properties greater than two (2) acres in size, no more than fifty
percent (50%) of the total off-street parking area for the site shall be located between
building fagades and abutting streets. All of the proposed off-street parking is located
between the building facades & abutting streets. The applicant has applied for
Alternative Compliance to this requirement.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of five feet (5') in width
shall be provided from the perimeter sidewalk to the main building entrance(s) for
nonresidential uses. The walkway width shall be maintained clear of any
obstructions, such as vehicles, outdoor sale displays, vending machines, or temporary
structures. A 5 -foot wide walkway is depicted on the site plan from the perimeter
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 9
sidewalk along Meridian Road and at the Ustick/Meridian intersection to the main
building entrance.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The
walkway is proposed to be constructed of accent concrete where it crosses vehicular
driving surfaces.
c. Unobstructed walkways at least five feet (5') in width, shall be provided for any aisle
length that is greater than one -hundred fifty (150) parking spaces or two hundred feet
(200') away from the primary building entrance. Not applicable
d. The walkways shall have weather protection (including but not limited to, an awning or
arcade) within twenty feet (20') of all customer entrances. A covered porte-cochere is
proposed at the main building entrance.
Staff is supportive of the proposed use on this site and finds it is consistent with the Comprehensive
Plan and applicable sections of the UDC and recommends approval of the application.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: 6/9/10)
3. Landscape Plan (dated: 6/9/10)
4. Building Elevations (dated: 6/9/10)
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
Spring Creek Ustick Assisted Living Facility CUP ALT DES PAGE 10
Exhibit A.1- Vicinity/Zoning Map
Exhibit A.2 - Site Plan (dated: 6/9/10)
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Exhibit B - Conditions of Approval
On June 24, 2010 a joint agency and departments meeting was held with service providers in this
area. These agencies submitted comments on this application, which are included below.
1. Planning Department
1.1 All comments and conditions of the annexation (AZ -06-034), development agreement
(Instrument No. 107022433), and amended development agreement (MDA -10-006, yet to be
recorded), associated with this site shall also be considered conditions of the subject Conditional
Use Permit (CUP -10-004).
1.2 The Applicant shall comply with the Specific Use Standards for nursing/residential care facilities
listed in UDC 11-4-3-29 including the following:
a. 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. A barrier with a minimum height of six feet (6) shall be constructed along the perimeter of
any portion of the site that is accessible to patients with disabilities that cause dementia. The
fencing material shall meet the swimming pool fence requirements of the building code in
accord with Title 10 of this code.
1.3 The applicant's request for design review approval of the site and building is approved contingent
upon approval of alternative compliance for all of the parking on the site to be located between
building facades and abutting streets. Development of the site shall substantially comply with the
site plan, landscape plan, and building elevations attached in Exhibit A.
1.4 The applicant's request for Alternative Compliance to provide a 20 -foot wide street buffer instead
of a 25 -foot wide buffer as required by UDC Table 11-2B-3 is approved. As mitigation for the
reduced width, the developer shall provide a minimum 5 -foot wide landscaped area between the
building and parking area for the benefit of the residents. Additionally, the developer shall install
a water feature and sitting area with benches within the street buffer and landscaping as proposed
on the landscape plan.
1.5 The applicant's request for Alternative Compliance to UDC 11-3A-19A.3a to allow all of the
parking for the site to be located between the building facades and abutting streets is approved.
As mitigation, the developer shall provide additional landscaping as shown on the landscape plan
within the street buffers to screen the parking areas.
1.6 The applicant shall revise the landscape plan as follows:
a. Either a 6 -foot wide parkway with root barriers or an 8 -foot wide parkway planted with class
II trees will be required between the curb and detached 5 -foot wide sidewalk along Ustick
and Meridian (upon widening) Roads. The trees shown on the landscape plan outside of the
area where the parkways will ultimately be located should be relocated and centered within
the anticipated parkway area; revise the landscape plan accordingly.
b. Evergreen trees and Class III trees are prohibited in interior planters within parking lots, per
UDC 11-3B-8C.2d; revise the landscape plan accordingly.
c. Each interior planter that serves a single row of parking spaces shall be landscaped with at
least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover,
per UDC 11-3B-8C.2d; revise the landscape plan accordingly.
d. The applicant shall mitigate for a total of 87 -caliper inches of trees that were removed from
the site in accord with UDC 11-313-1OC.5.
e. The water feature at the northeast corner of the site needs to be moved back into the site
further to accommodate the additional right-of-way required by ACHD at the
Meridian/Ustick Road intersection for signal equipment.
f. The sidewalk shown on the site plan along Ustick needs to be shifted further to the south in
the ultimate location for the intersection project, 53 feet from the centerline of Ustick for the
first 100 feet from the intersection, tapering to 42 feet for the remaining frontage in accord
with ACHD's conditions.
1.7 The applicant shall revise the site plan as follows:
a. The water feature at the northeast corner of the site needs to be moved back into the site
further to accommodate the additional right-of-way required by ACHD at the
Meridian/Ustick Road intersection for signal equipment.
b. The sidewalk shown on the site plan along Ustick needs to be shifted further to the south in
the ultimate location for the intersection project, 53 feet from the centerline of Ustick for the
first 100 feet from the intersection, tapering to 42 feet for the remaining frontage in accord
with ACHD's conditions.
1.8 The applicant shall construct a 6 -foot tall vinyl fence along the west and south property
boundaries as proposed on the landscape plan.
1.9 The existing 12 -foot wide public utility and irrigation easement shown on the site plan that
bisects the property shall be vacated prior to issuance of certificate of zoning compliance. This
easement is shown on the site plan to be relocated to the south of the building.
1.10 Prior to issuance of a certificate of zoning compliance for the proposed use, the applicant shall
provide staff with a recorded copy of a cross-access/ingress-egress easement to the church parcel
to the west to use the drive aisles as access to Meridian Road. The access shall be gated with a
Knoxbox padlock until such time as the driveway on the church property connecting to this site is
paved.
1.11 The applicant shall submit a signed letter of relinquishment from the church for the private sewer
easement that bisects this property which provides sewer service to the church. The applicant is
also required to demonstrate to Public Works how the church will continue to be provided with
sewer service during relocation of the service line. A new sewer easement shall be recorded for
the relocated service line; a copy of the easement shall be submitted with the Certificate of
Zoning Compliance application.
1.12 All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as
viewed from the property line, per UDC 11-3A-19A.Le.
1.13 The use of this site for a residential care facility is approved contingent upon the modified
development agreement (MDA -10-006) being approved by City Council and recorded.
1.14 The applicant shall submit a Certificate of Zoning Compliance application for the proposed
assisted living facility that complies with the conditions of approval listed herein, prior to
issuance of building permits.
1.15 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with
the conditions of approval listed above (UDC 11 -5B -6F). If the approved use has not begun
within 18 months of approval, a new conditional use permit must be obtained prior to operation.
2. Public Works Department
2.1 Water service to this site is being proposed via extension of mains located in N Meridian Road
and W Ustick Road. The applicant will be responsible to install two water connection, coordinate
main size and routing with the Public Works department.
2.2 Sanitary sewer service to this development is being proposed via extension of mains in N
Meridian Road. Currently there is a sewer line that crosses this property serving the Presbyterian
Church, this service line is a private facility and is covered with a private easement dedicated to
the church. The applicant will need to submit to the city an easement relinquishment letter signed
by the church, also the applicant will need to show to public works how they will continue to
provide sewer service to the church along with any new easements needed to cover the alternate
routing of the sewer service. The easement relinquishment letter will need to be provided before
the city will approve any new constructions drawings or issue a CZC.
2.3 The applicant shall 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.
2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.7 Additional width to the public utilities, drainage and irrigation easement along the right -of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.8 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.
2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.10 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air -testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District, prior to applying for building permits.
2.11 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, etc.
2.12 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.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.17 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.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of building pads are at least 1 -foot above.
2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All street
lights shall be installed at sub divider's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. Fire Department
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 29' in width shall have no on -street parking; streets less
than 33' in width shall have parking only on one side. These measurements shall be based on the
back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000
GVW as set forth in International Fire Code Section 503.2.1.
3.9 Commercial and office occupancies will require a fire -flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.10 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
3.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code Section 101.2.
3.14 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.15 This project will be required to provide a 20' wide swing or rolling emergency access gate as set
forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a
Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All gates at the
entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away
from the roadway, unless other provisions are made for safe personnel operations as set forth in
National Fire Protection Standard 1141, Section 5.3.17.
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 There are existing trees that are proposed to be removed with development of the site that total 87
caliper inches. In accord with UDC 11-313-1OC.5, mitigation is required for all existing trees 4 -
inch caliper or greater that are removed from the site with equal replacement of the total calipers
lost on site up to an amount of 100%.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Either provide written documentation to ACRD of the right-of-way dedication showing 45 -feet
from the centerline of Meridian Road abutting the site or, dedicate 48 -feet of right-of-way from
the centerline of Meridian Road abutting the site. The right-of-way purchase and sale agreement
and deed must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACRD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The District will purchase the right-of-way
which is in addition to existing right-of-way from available Corridor Preservation Funds.
7.1.2 Dedicate 54 -feet of right-of-way from the centerline of Ustick Road for the first 100 -feet west
from the intersection, tapering to 48 -feet from the centerline of the Ustick Road for the remaining
frontage. The right-of-way purchase and sale agreement and deed must be completed and signed
by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior
to issuance of a building permit (or other required permits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The District will purchase the right-of-way which is in addition to existing right-of-way from
available Corridor Preservation Funds.
7.1.3 Provide a 6 -foot wide sidewalk easement abutting Ustick Road for the first 100 -feet west from
the intersection of Ustick Road and Meridian Road.
7.1.4 Dedicate additional right-of-way at the Meridian Road/Ustick Road intersection to accommodate
the signal equipment. Coordinate the amount of additional right-of-way to be dedicated with
District Development Review Staff.
7.1.5 Construct a 5 -foot wide concrete sidewalk located a minimum of 53 -feet from the centerline of
Ustick Road for the first 100 -feet west of the intersection, tapering out to 42 -feet from centerline
of Ustick Road for the remainder of the frontage abutting the site.
7.1.6 Close the 24 -foot wide driveway on Meridian Road located approximately 89 -feet north of the
south property line. Replace the driveway with vertical curb, gutter and sidewalk to match
existing improvements on either side.
7.1.7 Construct a 36 -foot wide curb return driveway on Meridian Road located 304 -feet south of the
intersection of Ustick Road and Meridian Road (measured near edge to near edge), as proposed.
Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of
the roadway. ACHD may restrict this driveway in the future, as conditions warrant.
7.1.8 Enter into a license agreement for any landscaping located within ACHD right-of-way abutting
the site.
7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road and Ustick Road abutting the site.
7.1.10 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 may be 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 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 ACHD 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 (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
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.
D. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The decision making body shall base its determination on the Conditional Use Permit
request upon the following:
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 Commission finds that 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, except for the required street buffer width adjacent to Ustick & Meridian Roads.
The applicant is requesting approval of Alternative Compliance to reduce the street buffer
width from 25 feet to 20 feet and relocate the 5 feet between the structure and the
adjacent parking area. The Commission finds that if the applicant complies with the
conditions of approval in Exhibit B, development of this site should meet the intent of the
UDC.
B. 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 Medium Density Residential and Public/Quasi Public. The proposed
use of the site is an assisted living facility which is residential in nature. For this reason,
staff finds the proposed use is consistent with the intent of the comprehensive plan.
The site is zoned L -O; residential care facilities require conditional use approval in the L-
O district. The Commission finds 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).
C. 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 assisted living facility should be compatible with
adjacent residential and church uses 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.
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 finds that, if the Applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
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 the site will be adequately served by the previously
mentioned public facilities and services.
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.
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.
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 does not anticipate the proposed use will create excessive traffic, noise,
smoke, fumes, glare, or odors or result in activities or processes that will be detrimental
to the general welfare.
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 there should not be any health, safety or environmental
problems associated with the proposed use. The Commission finds that the proposed use
will not result in the destruction, loss or damage of any natural, scenic, or historic feature
of major importance.
2. Alternative Compliance Findings (UDC 11 -5B -5E):
a. Strict adherence or application of the requirements is not feasible; OR
Staff finds that the subject site has space limitations due to the width of the lot that makes
strict adherence of requirements unfeasible.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the proposed alternative compliance does provide an equivalent means for meeting
the City's parking and landscaping requirements. Staff finds the proposed water feature will
provide visual interest for the traveling public as well as residents of the facility.
Additionally, Staff believes the sitting area with benches and additional landscaping within
the street buffers will be an appealing gathering area for residents of the assisted living
facility. Therefore, Staff supports the proposed alternative compliance requests.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative to complying with the intent of the ordinance on each
of the alternative compliance requests will not be detrimental to the public welfare or impair
the use/character of the surrounding properties.