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HomeMy WebLinkAboutDevon Park Subdivision Phase II CUP-04-037 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request to Modify the Existing Conditional Use Permit (Planned Development) for the Construction of a 96-Unit Apartment Complex to a 65-Unit Assisted Living Retirement Facility in an R-40 Zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC Case No. CUP-04-037 For the City Council Hearing Date of: November 9, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the November 9, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of thF City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO.CUP-O4-037 -PAGE 1 of5 3. Application and Property Facts In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Fairview Lakes, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated August 16,2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C, D and E. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP-O4-037 - PAGE 2 of5 1. The applicant's CUP Site Plan as evidenced by having submitted the plan dated August 16,2004, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibits C, D and E. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP-O4-037 -PAGE 3 of5 F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval (City staff) Exhibit D: ACHD Conditions of Approval Exhibit E: Irrigation District Conditions of Approval Conditional Use Permit Findings Exhibit F: By action of the City Council at its regular meeting held on the ;V~VeJJ.,6-t-v- ,2004. z -g r~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED ~~ Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By:-.JCH,QI ~"-UM..J City Clerk's Office Dated: 12-1"-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP-O4-037 - PAGE 5 of 5 EXHIBIT A Legal Description Devon Park II/Fairview Lakes - Assisted Living (CUP-04-037) .. .;¡, LEGAL DESCRIPTION A parcel of land located in the Southwest 'I. of the Southeast \<ó OfSectiOD 6, Township 3 North, Range 1 East of the Boise MeridiaD, Ada County, Idaho, being more particularly described as foHows: Commencing at the Southwest comer of said Southwest \<ó of the Southeast \<ó of Section 6, T.3N., R.IE., B.M.; thence North 00'20'01" East a distance of SO.OI feet along the Westerly boundary of said Southwest \<ó of the Southeast y¡ to a point on the Northerly right-of-way line ofFairview Avenue(U.S. Hwy 30); thence leaving said Northerly right- of-way line North 00'20'01" East a distance 926.12 feet along ,aid Westerly boundary to the REAL POINT OF BEGINNING; thence continuing North 00'20'0 I" East a distance of 325.00 feet to a point on the Noriberly boundary of the Southwest II of the Southeast \<ó of Section 6; thence South 89'53'Og" East a distance of666.99 feet along ,aid Northerly boundary; thence leaving said Northerly boundary South 00'23'27" West a distance of323.67 feet; thence North 90'00'00" Wesl a distance of666.40 fee' to the POINT OF BEGINNING. EXHIBIT B Approved Site Plan Devon Park II/Fairview Lakes - Assisted Living (CUP-04-037) FA!fMI:W L.AKES ASSIS'fED l.IVIN$. CENTER f~ ~ l ~I EXHIBIT C Conditional Use Permit Conditions of Approval Devon Park II/Fairview Lakes - Assisted Living Facility (File CUP-04-037) SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUPIPD for Fairview Lakes and Devon Park, unless modified below. 2. A detailed conditional use permit application is required for the building shown as "future" on the west property line. This building is not approved with the subject application. 3. The applicant/developer shall coordinate with the Meridian Parks Department to ensure the multi-use pathway is constructed in appropriate alignment with the Jackson Drain pathway in Trailway Subdivision. A written statement verifying Parks Department approval shall be submitted to the P&Z Department prior to the first Certificate of Occupancy being issued on the subject property. 4. The submitted landscape plan, prepared by Tamura & Associates and dated 8-16-04 is approved as submitted with one clarification: The "Honey Locust" tree species shown on the plan shall not be a thorned variety. 5. The applicant shall revise the Site Plan to provide a minimum 20-foot wide emergency vehicle turnaround at the north terminus of the east driveway. The turnaround shall be approved by the Meridian Fire Department. 6. The applicant shall comply with the condition of Sanitary Service Company to allow a minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall coordinate the design and location of the trash receptacles with SSC prior to any final action by the P&Z Commission. Submit a written approval ITom SSC and fifteen (15) copies of any revised Site Plans (if necessary) to the City Clerk's Office. STANDARD CUP CONDITIONS I. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. Exhibit C - CUP-O4-037 -Findings, Decision & Order Pagelof4 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. Comply with the conditions and comments of all City Departments, and other agencies 8, No signs are approved with the application. All signage requires separate permits. 9. All development and construction shall comply with the Americans with Disabilities Act. 10. All parking and circulation within the project shall be incompliance with MCC 11-13. Exhibit C - CUP-O4-037 - Findings, Decision & Order Page 2 of 4 OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect ITom one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. MERIDIAN FIRE DEPARTMENT I. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Provide a 20-foot wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The proposed multi-family lot has an estimated 75 units with a total estimated population of 90 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5- feet ITom the building to the dumpster enclosure. 8. Provide a knoxbox entry system for the complex. 9. Fire Sprinklers will be required for all buildings associated with this project. Exhibit C - Cup.O4-037 - Findings, Decision & Order Page 3 of 4 10. Provide exterior egress lighting as required by the International Building & Fire Codes. 11. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. 12. All residents within the proposed facility shall be ambulatory and capable of self- preservation. Exhibit C - CUP-O4-037 - Findings, Decision & Order Page4of4 EXHIBIT D ACHD Conditions of Approval Devon Park II / Fairview Lakes - Assisted Living Facility (File CUP-04-037) 1. On July 10, 2002, the Ada County Highway District Commissioners acted on MAZ-02- 011/MCUP-02-014/MPP-02-034 for Fairview Lakes/Devon Park. The conditions and requirements also apply to MCUP-04-037. EXHIBIT E Nampa Meridian Irrigation District Conditions I. A Land Use Change Application must be filed prior to final platting showing impact on the District's Eight Mile Lateral. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Jackson Drain courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan before any construction is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, NMID must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Conditional Use Permit Findings Devon Park IIIFairview Lakes - Assisted Living Facility (File No. CUP-04-037) The City Council hereby approves the following analysis of required findings by staff: CONDITIONAL USE PERMIT STANDARDS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3); A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested detailed uses (assisted living and independent living units). It remains undetermined at this time if the "Future Building" on the west boundary will meet this finding. The assisted living use requires a minimum of one (1) parking stall for every five (5) beds in the facility, or 13 stalls total (for 65 units). The Site Plan lists 50 stalls being provided. It is recognized, however, that the 1:5 bed ratio is likely low and assumes a higher percentage of non-ambulatory residents than is often found in assisted living situations. The independent living use (calculated as single family dwellings) requires one parking stall for the one bedroom units and two parking stalls for the two bedroom units. Each "Future Building" as shown on the plan contains two one-bedroom units and two two-bedroom units. So, each ITee-standing building would require six (6) parking spaces. Each unit shows a single car garage, in addition to the driveway apron parking in ITont of each garage. Including the garage spaces, the off-street parking ratio is exceeded for this independent living use area. The other potential site modification relates to the condition of Sanitary Service Co. (SSe), who is requesting more detail be provided on solid waste trash collection on the site. The applicant must coordinate the design and location of the trash receptacles with SSC. (See Site Specific condition #4.) B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP, are met with this application and site plan. Staff finds the proposed senior residential use D. E. is harmonious with and in accordance with the Comprehensive Plan. Staff also finds that MCC 11-8-1 prohibits "Nursing Home" uses in the R-40 zone. A nursing home is defined as a private establishment that provides living quarters and care for the elderly or the chronically ill. The application calls the proposed use "assisted living" and not a "nursing home." However, the nursing home definition in MCC 11-2-2 is clearly the same as what the applicant calls assisted living. "Retirement Homes" (undefined in MCC 11-2-2 but generally defined as being independent living) are allowed with a CUP in the R-40 zone, which would allow the independent living units to be constructed without rezoning the property. 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; Staff finds that the Planning & Zoning Commission and City Council have previously determined similar uses and site configuration to the subject application to be compatible with the general neighborhood. It is generally accepted that apartment housing (the existing, approved use) is a more intensive use than senior housing. In addition, staff finds that the single story building designs are compatible with the adjacent residential uses. Finally, the applicant is proposing to route all traffic south to the signalized intersection at N. Lakes Avenue rather than via Clarene Street to the east. This should help mitigate impacts on the Settlers Village Subdivision. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the revised project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and flJ'e protection, drainage structures, refuse disposal. water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. This finding G. H. I. must be met separately by SSC for the refuse disposal services once the applicant clarifies how trash collection will be handled. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will be a net contributor to the tax base and job base of the City. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original approved project. Staff further finds that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal is now operational for the intersection ofN. Lakes Avenue and E. Fairview Ave, which should enhance the movement and circulation oftraffic in this area. Please review the ACHD report for this project for additional information regarding this finding. 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. Staff finds that the Jackson Drain in Devon Park No.2, which was originally planned to remain open as an amenity of the development, is now proposed to be piped. The Jackson Drain is piped to the southeast but not piped through Trailway Subdivision to the northwest and is an amenity of the City's regional multi-use pathway. The Commission and Council find that the applicant's proposal to pipe the drain is acceptable since the drain is already piped to the south. Also, existing trees greater than 4" caliper must be retained or mitigated for, if removed.