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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) F". a fd )Site Plan Notes Key Notes Project Team June 9, 201C n Y U fn o Lu > 30 fill w z Revisions Index SPI.0 STEPLAN ����� .. we ? �� �ci a Y (�, �, 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.