HomeMy WebLinkAboutDevon Park No. 2 RZ
RZ04-015
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Fairview Lakes, LLC
December 2, 2004
ITEM NO.
4
REQUEST Public Hearing; Rezone of 4.9 acres from R-40 to R-l 5 zone for the retirement
complex at Devon Park Subdivision No.2 - 824 East Fairview Avenue
AGENCY
COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY
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CITY CLERK:
CITY ENGINEER:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY. PARKS DEPT:
No comment
MERIDIAN SCHOOl DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See attached comments
NAMPA MERIDIAN IRRIGATION:
No comment
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Phone:
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Contacted:
Emailed:
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Ada County Highway District
John S: Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
3775 N. Adams Street
Garden CitylD 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
November 8, 2004
RECEIVED
TO:
Fairview Lakes LLC
PO Box 670
Meridian Idaho 83686
¡my 1 IJ ZU!J4
City of Meridian
City Clerk Office
SUBJECT:
MRZO4-0151CUPO4-049
Rezone and Detailed Conditional Use Permit for 2-Drive-up Windows, a Retirement
Complex .and Multi-Family Complex Within Devon Park Subdivision #2
On July 10, 2002, the Ada County Highway District Commissioners acted on Fairview Lakes Apartment
Complex! Devon Park Subdivision #1 and #2. The conditions and requirements also apply to MRZ04-
015 and MCUP04-049.
If you have any questions or concems please feel free to contact this office at (208) 387-6177.
Sinceq~IÝ). , . --k,/) ~
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Andrea N. Tuning
Planner III .
Right-ot-Way and Development Services, Planning Division
CC:
Project File, Construction Services, Drainage, Utilities
Lead Agency: City of Meridian
Tamura & Associates
499 Main Street
Boise, Idaho 83702
""";.-¡-.,
. Q. Ada County Highway District
Right-of Way & Development Department
Planning Review Division
This application requires Commission action because of the number of vehicle trips per day that the site
generates, and is scheduled to be on the consent agenda on July 10,2002 at 6:30 pm. Tech Review for this
item was held with the applicant on June 28, 2002. This item was revised on March 26, 2003 after the
Meridian City Council approved the item on March 25, 2003. Please refer to the attachment for request for
reconsideration guidelines. Staff contact: Andrea N. Tuning, 387-6177, atuning@achd.ada.id.us
File Number(s):
Fairview Lakes Apartment Complex / MAZ-02-011/ MCUP-02-014
Devon Park SubdivisionlMPP-02-O34
Devon Park Subdivision #2IMPPO3-006
Site address:
824 East Fairview Avenue
Owner:
Fairview Lakes, LLC
111 Auto Drive, Suite 102
Boise, Idaho 83709
Applicant:
Hopkins Financial Services, Inc.
111 Auto Drive, Suite 105
Boise, Idaho 83709
Representative:
Tamura & Associates
499 Main Street
Boise, Idaho 83706
Application Information
The applicant is requesting annexation, rezone, conditional use and planned unit development approval to
construct a multi-family apartment complex and 35-commercial/retail/office lots. The site is located on the
north side of Fairview Avenue at approximately the mid mile marker between Locust Grove Road and
Meridian Road.
Acreage:
Current Zoning:
Proposed Zoning:
9.1 acres
RUT
R-40
Vicinity Map
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A.
1.
2.
.
Findings of Fact
.
Trip Generation: This development is estimated to generate 10,960 additional vehicle trips per day
(0 existing) based on the submitted traffic $tudy.
Impact Fees: The impact fee rate from the fee tables for:
0 Apartment is $781.00 per unit.
0 General Office is $2,169.00 per thousand square feet of gros$ building area, based on
the impact fee ordinance in effect at thi$ time.
a Specialty Retail is $1,885.00 per thousand square feet of gross building area, based
on the impact fee ordinance in effect at this time. .
0 Bank with drive-thru is $9,990.00 per thousand square feet of gross building area,
based on the impact fee ordinance in effect at this time.
a Fast Food with drive-thru i$ $4,715 per thousand square feet of gross building area,
based on the impact fee ordinance in effect at this time.
3.
Impacted Roadways:
Fairview Avenue
Frontage:
Functional StreetClassification:
Traffic count:
Level of Service:
Speed limit
Nearest intersection:
Teare Avenue
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Clarene Street
Frontage:
Functional Street Classification:
Traffic count:
Speed limit:
Jericho Road
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit
Nearest intersection:
1,08D-feet
Principal arterial
West of Locust Grove wa$ 29,931 on 7-6-00.
.C'
35
Fairview Avenue and Jericho Drive intersection
60
Local residential
Not available
20
60
Local residential
Not available
20
0
Collector
North of Fairview was 3,850 on 8-7-01
Better than .C'
30
Jericho Drive and Fairview Avenue intersection
Traffic Impact Study: A traffic impact study was required with this application. The submitted traffic
impact study was compiled by Dobie Engineering and the following is a summary of the findings:
This Development is projected to be built-out by the year 2005. The following is a summary or the
finding$ and recommendations provided by the Traffic Engineer:
4.
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.
The proposed Fairview Lakes Subdivision project is a proposed mixed use development including
apartments, professional offices, specialty retail, and restaurants. The project will be developed in
phases and is expected to reach full build out by the year 2005.
Fairview Avenue is a standard principal arterial with a 64 ft. wide five-lane urban section. The posted
speed limit is 35 mph east of Locust Grove Road. The Level of service for Fairview Avenue is
estimated to operate at a LOS SIC during the peak hour period in the year 2005 without the addition
of the site traffic.
This development is projected to generate 10,960 total trips, of which 1,230 will be captured within
the development. Of the remaining 9,730 trips 5,545 were estimated to be new to the area while
4,185 trips were estimated to be pass-by trips already on Fairview Avenue. These trips were based
on 192 apartment uni!$, 15,000 sf of office space, 100,000 sfof retail use, a 5,600 sf bank. and 8,000
sf for restaurant. A trip capture rate of 11.2% was used. The totals from the revised application were
192 aparlment units, 15,000 sf of office space, 92,800 sfofretail use, a 5,000 sf drive-in bank, a
4,000 sffast food restaurant w/drive-thru, and a 12,000 sf high tumoverrestaurant. The totals
presented in the traffic study are actually higher than those calculated for the application total. This is
the conseNative approach which will safeguard against totals that may be higher than those
projected. The need for a signal at this intersection should not be affectedby the difference in traffic
projections.
Intersection Type of Control 2002 PM - Existing 2005 PM- Existing
LOS LOS
Fairview/Eaale Sianalized D E
Locust Signalized D D
GrovelFairview
151 StreeUFairview Sianalized D D
Cherry Signalized D D
Lane/Meridian
East Unsignalized N/A F*
access/Fairview '
West Signalized - N/A C**
access/Fairview DroDosed '
. - Site traffic will experience significant delay during the PM peak hour.
.. - This analysis was based on the assumption that the west access will be approved for
Signalization. Approach traffic from the site will maintain acceptable service levels by that
time period with the addition of a traffic signal.
Fairview Avenue was evaluated for Level of service in the build out (2005) and 2020. The projections
for the peak hour were LOS C for 2005 and LOS E for 2020 based on a five-lane roadway. The
recommendation is that Fairview Avenue be expanded to handle the additional capacity needed after
year 2020.
The Traffic study reviewed the Signal Warrants from the 1988 MUTCD. The analysis indicates that
warrant #1 will be met with 75% of site traffic using the signalized intersection. Warrant #2 is met with
less than 50% of the site traffic. Similarly, warrants #9, #10, and #11 are all satisfied based on
projected traffic volumes.
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6.
7.
8.
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Site Information:
The site is currently vacant.
Description of Adjacent Surrounding Area:
. North: Meridian Place Subdivision Number 1
. South: Commercial! retail
. East: Fairview Terrace Mobile Home Park
. West: Settlers Village Re-subdivision
Roadway Improvements Adjacent To and Near the Site
The site has access to FairviewAvenue and two local residential stub streets, Teare Avenue and
Clarene Street.
Fairview Avenue is improved with 5-traffic lanes with no curb, gutter or sidewalk abutting the site.
There is curb, gutter and 5-foot concrete sidewalk located directly to the east of this property and was
constructed with carwash that is located on the northwest corner of Jericho Road and Fairview
Avenue.
Teare Avenue and Clarene Street are improved with 2-traffic lanes (37-feet of pavement) with curb,
gutter and 5-foot concrete sidewalk. '
Jericho Road does not abut the site but would be utilized with the extension of Teare Avenue or
Clarene Street. Jericho Road is a collector roadway that is improved with 2-traffic lanes with curb,
gutter and 5-foot concrete sidewalk.
Existing Right-of-Way
Fairview Avenue is a principal arterial that currently has a total.of 110-feet of right-of-way (55-feet
from centerline).
10.
Teare Avenue and Clarene Street are local residential roadways with a total of 60-feet of right-of-way
(3D-feet from centerline).
Site History
On May 7,2000, the Commission reviewed and approved a preliminary plat, Teare Terrace, on this
site. Teare Terrace was proposed to be a 13-I.ot commercial and residential subdivision. This
development proposed to extend Clarene Street into the property and extend south to connect to
Fairview Avenue. Teare Avenue was proposed to extend into the site as a cul-de-sac on the
property.
11.
Five Year Work Program
There are no improvements in the area that are scheduled in the Five Year Work Program.
12.
Signal Location
The District has chosen the location of the signal at the commercial/industrial roadway and Fairview
Avenue intersection due to the fact that:
. This location is at the half-mile
. This location will serve more vehicle trips per day
. This location will pull vehicle trips per day off of Jericho Street (a collector roadway with front
on housing) and will place the vehicles on a commercial/industrial roadway
. This location will provide the surrounding residential homes with access to a signal
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.
c.
. This location can serve more vehicle trips per day on the North side of Fairview Avenue than
on the south side of Fairview Avenue
B.
Findings for Consideration
1.
Right-of-Way and Sidewalk
District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-
way allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached
sidewalks and bike lanes.
Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work
Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant
cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The
applicant shall do one of the following:
a. Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a
minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a miriimumof 53-feet from
the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk
along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an
easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk
along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all
necessary adjustments to properly accommodate existing drainage and utilities.
2.
Roadway Offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an
arterial roadway (measured centerline to centerline).
The applicant is proposing to construct a commerciallindustrial roadway that intersects with Fairview
Avenue 310-feet east of the west property line. This roadway location meets District policy and
should be approved with this application.
3.
Street Sections
District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be
constructed as a 40-foot street section with curb, gutter .and 5-foot concrete sidewalk within 54-feet of
right-of-way.
The applicant is proposing to construct a commercial/industrial roadway that extends from Fairview
Avenue to the north. This roadway is proposed to cul-de-sac just before the proposed multi-family
residential apartment complex. This roadway will also provide a link that will connect into Teare
Avenue.
The. proposed commercial/industrial roadway that the applicant is proposing will consist of a 40-foot
street section that includes 2-travellanes, a center turn lane, curb, gullerand 5-foot concrete
sidewalk within 54-feet of right-of-way. The proposed street section meets District policy and should
be approved with this application.
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4.
Driveways
District policy F2-F5, requires driveways located on collector or arterial roadways with a speed limit of
:35 to align or offset a minimum of 15D-feet from any existing or proposed driveway.
District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways
to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to
near edge).
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type
facilities if located on local streets. Curb retum type driveways with 15-foot radii will be required for
driveways accessing collector and arterial roadways.
Fairview Avenue Drivewav
The applicant is proposing to construct one 30-foot wide driveway on Fairview Avenue. This
driveway is proposed to intersect Fairview Avenue approximately 205-feet west of the east property
line. This driveway meets District policy and should be approved with this applicatiOn.
Commercial/Industrial Street Drivewavs
The applicant is proposing to construct thirteen driveways on the proposed commercial/industrial
roadway. The driveways are proposed to be constructed in the following locations.
. Driveway number 1 is proposed to intersect the commerciaVindustrial roadway
approximately 54-feet north of Fairview Avenue. This driveway is proposed to be 25-
feet in width.
. Driveway number 2 and 3 are proposed to intersect the commercialJindustrial
roadway approximately 175-feet north of Fairview Avenue. These driveways are
proposed to align with one another. These driveways are proposed to be 17-feet in
width.
. Driveway number 4 is proposed to intersect the commercial/industrial roadway
approximately 235-feet north of Fairview Avenue. This driveway is proposed to be
21-feet in width.
. Driveway number 5 is proposed to intersect the commercial/industrial roadway that
extends north from Fairview Avenue approximately 580-feet north of Fairview
Avenue. This driveway is proposed to be 22-feet in width.
. Driveway number 6 is proposed to extend directly north of the commerciallindustrial
roadway and proposed to intersect the northern portion of the cul-de-sac. This
driveway is proposed to be 45-feet in width.
. Driveway number 7 is proposed to intersect the commerciallindustrial roadway that
runs east and west and is proposed to be located approximately 50-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway is proposed to be 27-feet in width.
. Driveway number 8 is proposed to intersect the commerciallindustrial roadway that
runs east and west and is proposed to be located approximately 255-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway is proposed to be 20-feet in width
. Driveway number 9 is proposed to intersect the commercial/industrial roadway that
runs east and west and is proposed to be located approximately 430-feet east of the
commercial/industrial roadway that extends from Fairview Avenue to the north. This
driveway are proposed to be 25-feet in width.
6
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.
. Driveways number 10 and number 11 are proposed to be 30-feet in width and
located on the east and west side of the commerciallindustrial roadway just north of
the proposed roundabout.
. Driveway number 12 and 13 are proposed to be 30-feet in width and located on the
east and west side of the commercial/industrial roadway approximately 160-feet
north of the proposed roundabout.
, All of the proposed driveway locations meet District policy in regard to location.
All of the proposed driveway widths meet District policy EXCEPT for driveway number 6. Driveway
number 6 should be construct~d a maximum of 35-feet in width.
5.
All Driveways
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. .In aocordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
6.
Stub Streets
District policy 7203.5.1 and 7205.5 requires stub streets to provide intra-neighborhood circulation and
to provide access to adjoining parcels.
District policy 7203.3.2 requires an existing street or a street in an approved preliminary plat, which
extends at a boundary of a proposed development to be extended into that development.
The applicant is proposing to extend Teare Avenue. This extension will provide a connection from
Teare Avenue to Fairview Avenue. The extension of Teare Avenue meets the goals and intent of
District policy and has the supportive of District staff. '
The District held a neighborhood meeting on Thursday March 20, 2003. The Teare Avenue extension
was approved by the Meridian City Council on March 25, 2003 after a number of neighborhood
concerns arose.
Modification of Pollcv
The applicant is proposing to terminate Clarene Street at its current location and construct temporary
bollards for emergency access only. District policy requires that stub streets be constructed and/or
extended to adjoining properties to provide reasonable access and intra-neighborhood connectivity.
Staff would generally support the extension of Clarene Street into the site, but due to the fact that the
applicant is extending Teare Avenue to the residential neighborhood that is located to the northeast,
staff is supportive .of the applicant's proposal to construct bollards at the terminus of Clarene Street.
With the construction of bollards, Clarene Street will be one-lot and less than 150-feet in depth,
therefore, the applicant will not be required to construct a temporary turnaround.
6.
Turnarounds
District policy 7204.9.2 requires turnarounds to be constructed to provide a minimum turning radius of
55-feet.
The applicant is proposing to dedicate a hammerhead turnaround at the west end of Clarene Street
on the applicant's property. This hammerhead turnaround will function as the property's frontage until
the preliminary plat is submitted and the roadways are formally dedicated. This hammerhead
turnaround is required to have bollards installed at the terminus of Clarene Street where the
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hammerhead begins. The applicant should also enter into a license agreement for the maintenance
of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to
access the turnaround.
The applicant is proposing to provide a permanent "hammerhead" easement to the District at the
terminus of North Lark Avenue. This easement is acceptable to the District but must be approved by
the Meridian Fire Department. The applicant should provide a permanent "hammerhead" easement
to the District at the terminus of the commercial/industrial roadway and provide documentation to the
District showing the review and approval of this configuration from the Meridian Fire Department.
Roundabout
The applicant is proposing to construct a roundabout within the commercial/industrial roadway
approximately 530-feet north .of Fairview Avenue.
The roundabout should be designed with 21-foot street sections on either side of the center island.
The applicant will be required to dedicate sufficient right-of-way on either side of an island.
Coordinate the size and design of the roundabout with traffic services staff.
8.
Signalization
The applicant is proposing to construct a new signal at the intersection of Fairview Avenue and the
commercial/in<;lustrialroadway that extends north into the site. The signal is proposed at the half
mile. The traffic study determined that the warrants would be met and that the existing signals in the
area would not be significantly impacted by the new signal. The District will contribute the hardware
necessary for the construction of the new signal and any related roadway improvements. The
applicant should plan, construct and install the signal that is proposed at the intersection of Fairview
Avenue and the commercial/industrial roadway that extends north into the site.
c.
Site Specific Conditions of Approval
The applicant shall do one of the following:
1.
Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a
minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from
the centerline of the right-of-way.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along
Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an
easement provided to the District.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along
Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
2.
Construct and install the signal and any related roadway improvements that are necessary for the
proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that
extends north into the site.
3.
Construct a commercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the
west property line, as proposed.
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4.
5.
6.
7.
8.
9.
10.
11.
.
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Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot concrete
sidewalk within 54-feet of right-of-way, as proposed. The portion of the commerciaVindustrial
roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage.
Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the
east property line, as proposed.
Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-
feet north of Fairview Avenue, as proposed.
Construct two 17 -foot wide driveway to intersect the commercial/industrial roadway approximately
175-feet north of Fairview Avenue, as proposed.
Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-
feet north of Faírview Avenue, as proposed.
Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends north
from FairviewAvenue approximately 580-feet north of Fairview Avenue, as proposed.
Construct a driveway with a maximum width of 35-feet to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac.
Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and
west and is proposed to be located approximately 50-feet east of the commercial/industrial roadway
that extends from Fairview Avenue to the north, as proposed.
12.
Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and
west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway
that extends from Fairview Avenue to the north, as proposed.
13.
Construct a 25-foot driveway to intersect the commerciallindustrial roadway that runs east and west
and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that
extends from Fairview Avenue to the north, as proposed.
14.
Construct a 30-foot wide driveway located on the east side of the commerciallindustrial roadway just
north of the proposed roundabout, as proposed.
15.
Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway just
north of the proposed roundabout, as proposed.
16.
Construct a 3O-foot wide driveway located on the east side of the commercial/industrial roadway
approximately 160-feet north of the proposed roundabout, as proposed.
Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway
approximately 160-feet north of the proposed roundabout, as proposed.
17.
18.
Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of
the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
19.
Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within
54-feet of right-of-way, as proposed.
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20.
21.
22.
23.
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Terminate Clarene Street at its current location and construct bollards for emergency access only, as
proposed.
Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street
due to the fact that the District will be unable to access the turnaround.
Provide a permanent "hammerhead" easement to the District at the terminus of the
commercial/industrial roadway and provide documentation to the District showing that this
configuration has been reviewed and approved by the Meridian Fire Department.
Construct a roundabout within the commerciallindustrial roadway approximately 530-feet north of
Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of
the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and
design of the roundabout with traffic services staff.
24.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
D.
1.
2.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be bome
by the developer.
3.
Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 381-6280 (with file
number) for details.
4.
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.
5.
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.
6.
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.
1.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing
utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 381-
6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of
construction.
8.
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9.
10.
.
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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.
E.
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:
Conclusions of Law
1.
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2.
ACHD requirements are intended to assure that the proposed useldevelopment will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity map
2. Submitted site plan
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Request for Reconsideration of Commission Action
1.
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHDstaff
. or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partlY and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
, the Secretary shall cause the same to be placed. on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be retumed to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
12
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FAIRVIEW LAKES
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CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
December 2, 2004
ITEM #
4
DATE
PROJECT NUMBER
RZ 04-015
PROJECT NAME
Devon Park Subdivision No.2
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
../ ."'~_.-
CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the
Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian,
Idaho, at the hour of 7:00 p.m. on Thursday, December 2, 2004 for the purpose of reviewing
and considering the application of Fairview Lakes, LLC for a Rezone of 4,9 acres from R-40 to
R-15 zone for the retirement complex at Devon Park Subdivision No.2;
Furthermore, the applicant requests a detailed Conditional Use Permit approval for
Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which
includes two drive-up windows; also, for the residential portion, a 3D-unit Alzheimer facility with
the retirement complex by Fairview Lakes, LLC located at 824 East Fairview Avenue.
A more particular description of the above property is on file in the City Clerk's office at
Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular
business hours, Monday through Friday, from 8:00 a.m. to 5:00 p,m.
A copy of the application is available for review. Any and all interested persons shall be
heard at said public hearing, and the public is welcome and invited to submit testimony. Oral
testimony may be limited to three (3) minutes per person. Written materials should be
submitted to the City Clerk more than seven (1) days prior to the above hearing date so that all
interested parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring accommodation for
disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-
4433 at least 12 hours prior to the public meeting.
DATED 3rd of November, 2004
PUBLISH 15th and 29th of November, 2004
** TX CONFIRMATION REPORT **
AS OF
NOU 29 '04 10:01
PAGE. 01
CITY OF MERIDIAN
03
DATE TIME TO/FROM
11/29 10:00 2088886854
MODE MIN/SEC PGS
EC--S 00' 27" 001
CMDÞ STATUS
252 OK
-----------------------------------------------------------------------------------------
November 23, 2004
RE:
Fairview Lakes
824 E. Fairview Avenue
Meriman, Idaho
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Planning & Zoning Department
City of Meridian
660 E. Watertawer
Meridian, Idaho 83642
To Whom It May Concern:
In ~ds to the above referenced project, the subject property was posted on November
22,2004 with two. 4'x4' signs. One was pasiéd on Paime-.". Avenue and one at the end
of Teare Avenue. The sign notified the public ora heaxing December 2,.2004 tor the
Planning and Zoning Commission in regards to tho conditional use to allow a 30 unit
alzheimer's facility and the second phase of the commercial development, Fairvicw
¡ak is requ.esûns the approval of two drive up windows, If¡:ou need any additional
inti ation please contaot me.
s~
Do amura .
S~te ofldaho
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County of Ada
On this 23r<1 day of November, in the year 2004, before me, a Notary PubJic in and
for the State of Idaho. personally appeared Doug Tamura, known or identified to me to be
the person whose name is subscribed to the within instrument, and acknowledged to mo
that he executed the same.
IN WITNESS WHEREOF, J have hereunto set my hand and affixed my official
seal the day and year in this cemiC fim ~ve written,
O~C for Idaho
Rcs;ding at Boise, Idaho
My cammision expires:~æ- 20m
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Tamura
& Associates, PLLC
499 Main Street
BOise. ID 83702
(208) 343-2931
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MAYOR
Tammy de Wee'"
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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LEGAL DEPARTMENT
(208) 466-9272 'Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-Q500 . Fax 898-9551
PLANNING ANO ZONING
OEPARTMENT
(20e) 884-5533' FAX eee-6854
STAFF REPORT:
Hearing Date: December 2, 2004
Transmittal Date: November 29, 2004
To: Mayor, City Council and Plamùng & Zoning Co." mmission .R.. E C E IV' E.. .;- 'r'l.:
From: Brad Hawkins-Clark, Principal City Planner ~ -d .' . .. ...}.
Bruce Freckleton, Development Services Manager ~ . !",;, i ='L r
CITY OF f',1ERIDIAtlI
Re: DEVON PARK n I FAIR VIEW LAKES n - ALZHEIMERlf*<m-B]¥,I(&-:::i:"r';c
COMMERCIAL BmLDINGS " . I I i. ,.,-
. Rezone of 4.9 Acres from R-40 to R-15 Zone for Retirement Complex at Devon Park
Subdivision No.2 by Fairview Lakes, LLC (File No. RZ-04-015)
. Detailed Conditional Use Permit for Fairview Lakes Phase II of the Commercial
Development along E. Fairview Avenue, Including Two Drive-Up Wmdows; Also a 30-
Unit Alzheimer Facility within Retirement Complex, by Fairview Lakes, LLC (File No.
CUP-O4-049)
We have reviewed the above referenced submittals and offer the following comments, as conditions
of approval. These oonditions shall be considered in ful~ unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATIONS SUMMARY
The applicant, Fairview Lakes, LLC, has applied for a rezone of the northern-most 4.9 acres in
Fairview Lakes from R-40 to R-IS, a portion of which received detailed conditional use permit (CUP)
approval for an assisted and independent living uses in October 2004. The existing R-40 zone allows
for the retirement residential uses but prohibits the more intensive, care-oriented Alzheimer use. This
proposed use (which is part of the accompanying CUP application) is conditionally allowed in the R-
15 zone. As such, the rezone application (RZ-O4-015) must be approved (or recommended for
approval) prior to the CUP application (CUP-04-049) being approved.
The detailed CUP application includes two general requests - the first is for a 30-unit Alzheimer care
building at the north end of the site in the retirement complex (the rezone area); the second is to
construct four (4) new commercial buildings on two (2) platted lots within Devon Park Subdivision
No, I (totaling approx. 25,600 sq. ft.). Two of the proposed buildings include drive-thru windows.
RZ-O4-01S, CUP-Q4-O49 Ðevon.Fairview ll-Alzheimers,CUP
Planning & Zoning CommissionlMayor & City Council
December 2, 2004 (Hearing Date)
Page 2
The only specific use of the commercial buildings specified in the application is Banner Bank,
located on Lot 1, Block 3. Detailed elevations were submitted for the Alzheimer center and the four
commercial buildings, Floor plans were also submitted for the Alzheimer building.
The primary difference between this detailed CUP site plan and the approved conceptual CUP plan
is the number of building pads in the commercial (C-G) area. While the overall building square
footage is reduced, this detailed site plan does add two (2) building pads ITom what was approved
under File No. CUP-03-054. Pads 5 and 6 were not previously shown,
A. CUP application is required to amend the existing, detailed CUP for the northern portion
(previously approved for apartment uses). This is the first detailed CUP application submitted within
Devon Park Subdivision No.1, east ofN. Lakes Ave, (Please see the attached Exhibit A, "History
of Files" summary sheet, for a comprehensive listing of all approved and pending applications
associated with this property.)
Staff recommends approval of the Rezone application. We are generally in support of the
detailed CUP application. However, due to several questions raised in the CUP findings
regarding space limitations (which we anticipate being answered at the P&Z Commission
hearing), we are not making a fonnal recommendation at this time.
LOCATION
The property is located on the north side ofE. Fairview Avenue, approximately a Yz mile west of
Locust Grove Road, The property address of the commercial CUP portion is 920 E. Fairview
Avenue.
SURROUNDING PROPERTIES
North: The Willows Subdivision, zoned R-8.
South: Commercial property, zoned C-G (carwash) and R-8 (a car lot).
East: Settlers Village Subdivision and a carwash, zoned CG and R-8.
West: A mobile home park (Fairview TeITace Estates) and commercial property, zonedR-8 & C-G,
CURRENT OWNER OF RECORD
Fairview Lakes, LLC, of Meridian, ID, is the CUITent property owner and they have submitted an
affidavit oflegal interest to allow the submittal of the Rezone and CUP applications.
REZONE FINDINGS & ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of
each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment. "
RZ-O4-015, CUP~O4-049
Devon-Fairview lI,Alzheimers.CUP
Planning & Zoning Cornmission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 3
Thefallowing is the list afstandardsfound in 11-15-11 and analysis by staff:
"A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan amendment;
The 2002 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, a mix of uses, and providing
interconnectivity, are all met with this plan. Staff finds that the proposed reduction in
commercial/retail space from the approved conceptual plan remains hannonious with and
in accordance with the Comprehensive Plan.
The "Mixed Use-Community" policies (Ch. VII, pg. 98) set a maximum of 200,000 s.f.
of non-residential uses per each area with a MU-C designation, The original parcel of
Fairview Lakes/Devon Park comprises one of these designated areas (approx. 23 acres
total). The total amount of non-residential uses under the subject application, combined
with the amount of office space already approved on the east side of Lakes Avenue, totals
more than 220,000 s.f. of non-residential uses. This exceeds the ceiling recommended by
the Comprehensive Plan.
However, the same policy sets the maximum area of non-residential uses at 25 acres. The
total area of non-residential uses in Fairview Lakes/Devon Park is approximately 18.5
acres. This is below the ceiling recommended by the Comprehensive Plan. Staff believes
the subject application is in substantial compliance with this policy.
There is one Comprehensive Plan policy which staff believes warrants specific
discussion by the Commission and Council:
I. The "Mixed Use" policies (Ch, VII, pg. 97) also state the following: "In
developments where multiple commercial and/or office buildings are proposed,
the buildings should be arranged to create some form of common. usable area.
such as a vlaza or green space," The proposed Site Plan does not meet the intent
of this policy within the commercial/retail area (and does not apply to the
retirement complex). There is an adopted site specific condition for Devon Park
No, I 's conceptual CUP (#4, page 4) which states that "no more than 50% of the
proposed building area (or 36,300 sq, ft.) in the area east ofN. Lakes Avenue and
south orE. Carol Street shall be approved for detailed CUP's until a revised
concept is submitted. . ."
While the subject site plan does not address this issue (no common area is called
out), the site remains under the 50% threshold and it is not required. Staff
recommends the applicant discuss the design options related to this policy, We
also recommend the Commission and Council review the intent of this policy and
any applicability to this development.
RZ-O4-015, CUP-O4-049
Devon,Pairview Il-Alzheimen;.CUP
Planning & Zoning Commission/Mayor & City Council
December 2,2004 (Hearing Date)
Page 4
B.
c.
Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access
been developed or planned or adjacent area being developed in a fashion similar to the
proposed rezone area;
The principal changes in the immediate vicinity are the improvements made within Fairview
Lakes and Devon Park Subdivision, including a new 25,000 sq. ft. retail building, office
buildings and infrastructure and landscaping. N. Lakes Avenue has a new signal since this
property was annexed and zoned.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
The rezone request is unique in that it is a down-zone from R-40 to R-15, This area is
intended for medium density residential and a mix of commercial uses. Fairview Avenue is a
built-out principal arterial that is designed to accommodate higher intensive traffic volumes
and uses. Staff finds that the proposed uses, if designed, constructed and operated in
accordance with adopted city ordinances and the CUP conditions of approval, should be
harmonious and appropriate in appearance with the existing and intended character of the
vicinity.
D.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
Staff finds that the proposed Alzheimer facility and other retirement complex units for the
elderly should be generally compatible with the existing single-family residences to the
north, west and east. The Zoning Ordinance does not specifically address fencing for such
uses. but staff recommends this be specifically discussed during the P&Z Commission
hearing as no fencing is proposed on the south side of the building. In addition. three (3)
openings are currently shown in the west fence. connecting with the public pathway. Without
adequate, on-site controls of patients, neighboring residences may be impacted. Staff
believes that Fairview Lake's non-residential uses, which abut the southern boundary ofthis
site, compliment the retirement uses in this 4.9 acres yery well. The Commission and
Council shall rely on public testimony to determine whether the proposed Alzheimer use will
be disturbing or hazardous to the neighboring uses.
E.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
RZ-O4-015, CUP-O4-049
Devon-Fairview II-Alzheirners.CUP
Planning & Zoning Commission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 5
This parcel is currently within the City limits and all essential public facilities and City
services listed above currently serve this site,
On November 12, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department is
requiring a gate in lieu of the bollards shown and requests an address signage plan be
developed for the site. All of the detailed conditions from the Meridian Police Department,
Meridian Fire Department, and other agencies/departments are at the end of this report,
The Commission and Council should reference any written or verbal testimony submitted by
the Meridian Police Department, the Meridian Fire Department, the Meridian Parks
Department, and any other agency providing service to this site, regarding their ability to
adequately service this project.
Staff finds that the subject property can be served adequately by all essential public facilities
and City services,
F.
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;
The Meridian Fire Department has commented that developments for the elderly !:!:illY
have the potential for more services than typical single-family residential developments.
As noted in the finding above, all public facilities and services are currently provided to
this site. All required site improvements will be funded and constructed by the
applicant/developer. Staff finds that the proposed use will not be detrimental to the
economic welfare of the community, nor will the use create the need for any new
facilities or services to be paid for by the public,
G.
Will the proposed uses not involve uses, activities, 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;
Staff finds that the proposed uses will create additional traffic on the adjacent roads.
However, since the assisted living CUP was approved with Clarene Street as an
emergency access only, traffic will be significantly reduced to the east Further, the
parking and maneuvering of cars and pedestrians may generate additional noise for
surrounding properties. However, staff does not believe that the additional noise should
be excessive. Staff finds 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, if all conditions are complied with,
H.
Will the area have vehicular approaches to the property which shall be so designed as
RZ-O4-015. CUP--O4-049
Devon-Fairview lI-Alzheimers.CUP
Planning & Zoning Commission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 6
not to create an interference with traffic on surrounding public streets;
Staff finds that any future use of this site will impact the level and flow of traffic on the
surrounding streets, Access to this site was previously approved with Devon Park
Subdivision, The signalized intersection at N. Lakes and E. Fairview will greatly increase
capacity of the intersection to handle the additional trips. The applicant should comply with
ACHD policies in order to preserve the capacity and movement on the adjacent roadways,
I.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
The Jackson Drain was approved to be tiled as part of the prior CUP application for this site.
Staff recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed development may result in the
destruction, loss or damage ofa natural or scenic feature(s) of importance of which staff is
unaware.
J.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592,11-17-1992)"
Staff finds that all essential services are available or will be provided by the developer to the
subject property and will not require unreasonable expenditure of public funds, The
application substantially complies with the Comprehensive Plan and Future Land Use Map.
The rezone would also allow for the development of a vacant parcel of land. In accordance
with the findings listed above, staff finds that the rezone of this property would be in the best
interest of the City,
REZONE SITE SPECIFIC COMMENTS
1, The legal description submitted with the application, prepared by Gordon N, Anderson and dated
10-21-04, meets the requirements ofthe City of Meridian and State Tax Commission.
2, The subject property is within the Urban Service Planning Area. Essential City services will be
made available to the subject property.
3. Any future subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms ofthe 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
RZ-O4-015, CUP--Q4-049
Devon-Fairview II-Alzheimers.CUP
Planning & Zoning Commission/Mayor & City Council
December 2,2004 (Hearing Date)
Page 7
spaces, parking, landscaping and other features as may be required by this ordinance;
Staff finds that the subject property is not large enough to accommodate the proposed
uses as shown, per the Zoning Ordinance, The following areas of the site plan are below
the required standards:
. Landscape Buffers Between Uses:
1. The north boundary is reduced to 15' where 20' is required
2. A 10-foot public pathway is located within the 20' buffer on the west
property line, reducing the functional buffer to only 10'
3, Up to 6 trees may need to be removed in the north buffer due to the
Jackson Drain easement.
. Parking:
I. The commercial area shows 105 parking stalls where 109 are required
2. Lot I (bank lot) shows 9 compact parking stalls, or 36% of the 25 stalls
proposed. (Staff typically discourages compact parking except in excess of
the required ratio,)
. Trash Enclosure
1. No trash enclosure is currently shown on Lot I (bank lot).
2. The trash enclosure shown for Pad Site 6 is accessed only via the drive-
thru lane.
Each of these issues is explained in further detail under "Special Considerations - CUP"
below.
As a Planned Development application, some of the above standards may be approved to
be reduced without a Variance application. However, the applicant must demonstrate that
the site plan offers a unique benefit to the city and somehow justifies the reductions. The
Commission and Council should carefullv review this finding at the public hearings and
ensure the public record provides evidence that the standards should be reduced.
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 ofthis 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 is harmonious with and in
accordance with the Comprehensive Plan,
RZ-O4-0t5, CUP-O4-049
Devon-Fairview II-Alzheimers.CUP
Planning & Zoning Commission/Mayor & City Council
December 2,2004 (Hearing Date)
Page 8
c.
D.
E.
F.
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
detennined similar uses and site configuration to the subject application to be compatible
with the general neighborhood. Staff finds that the single story building design for the
Alzheimer center is 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 believe the buffers between land uses on the north and west boundaries
should be reduced below the required 20 feet. These buffers are intended to help mitigate
any adverse affects. We do not anticipate that the commercial project will have an
adverse impact on other properties within the vicinity. 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 fire 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 must be met separatelv bv
SSC for the refuse disposal services once the applicant clarifies how trash collection will
be handled for the commercial area,
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 uses 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 - both with the Alzheimer use and the four (4) new
commercial buildings.
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Planning & Zoning Commission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 9
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
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 iu 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 iucrease in smoke, fumes,
glare, odors or other disturbances that will be considered detrimental to the welfare of the
City and the subdivision's neighbors.
H.
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 siguificant
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 of traffic in this area.
Please review the ACHD report for this project for additional information regarding this
finding.
I.
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, has recently been approved to be piped
(see CUP-04-037). Also, existing trees greater than 4" caliper must be retained or
mitigated for, if removed.
SPECIAL CONSIDERATIONS - CUP
Construction Phasing: The application/site plan does not delineate a clear phase line or scope of
construction for the commercial portion of the development Specifically, will both of the E.
Fairview entrances be constructed as part of this plan's infrastructure? Also, the parking count
shown on Sheet CUI.3 does not appear to include the 30 parking spaces at the northeast comer
of this phase. Will these 30 spaces be constructed? This issue should be clarified at the P&Z
Commission hearing.
Buffers Between Land Uses: As noted in CUP Finding A, the buffer between the Alzheimer facility
and the west and north boundaries is reduced below the required 20 feel. On the north, the fire turn-
around encroaches and on the west the multi-use pathway encroaches into the buffer. Since the
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Devon-Fairview II-Alzheimers.CUP
Planning & Zoning Commission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 10
pathway location was conceptually approved under CUP-O3-054, staff believes this buffer may be
acceptable as shown. However, the north boundary must maintain the required 20-foot buffer. This
may result in a reduction to the Alzheimer building size. (See Site Specific condition #2.)
Fencing Around Alzheimer Facilitv: A fence is currently shown on the west side of the building.
However, no fencing height or materials is shown, There are three (3) breaks in the fence connecting
the Alzheimer pathway with the public pathway, Also, no fence is shown on the south side of the
building, north of the pathway. The applicant should further clarifY these issues and other fencing
plans at the P&Z hearing, We also request the applicant address any guardianship and patient
controls intended to be used at the facility for any outdoor use areas on the site.
Multi-Use Pathwav: Staff is concerned with the multi-use pathway having solid, 6-foot fences on
both sides of the path and the resulting "tunnel effect" this may create. In addition, the pathway is
currently shown on the west property line with no separation ftom the fence. Staff recommends the
fence between the pathway and the building be open vision and that a minimum 2- foot separation be
provided between the pathway and the perimeter fence. (See Site Specific condition #4.)
Jackson Drain Easement: There are currently II trees shown within the 40-foot Jackson Drain
irrigation easement. Five (5) of the trees are in the parking lot and should be able to be shifted
outside the easement. However, six (6) ofthe trees are within the north landscape buffer. This area is
required to have dense landscaping (per MCC 12-13-12). The applicant must clarifY ifNMID will
allow trees in this area. If not, the plan may need to be re-designed to allow for compliance, (See
Site Specific condition #5.)
Parallel Parking Stalls: Sheet CUl.l proposes three (3) parallel parking stalls in front of the
Alzheimer building, This will require drivers to negotiate both 90-degree and parallel parking stalls
within the same drive aisle. This may cause a hazard, Ifpossible, Staff recommends this area be re-
configured to allow for a more open drop-off area. (See Site Specific condition #6.)
Compact Parking Stalls: As noted under CUP Finding A, Lot I (bank lot) shows 9 compact
parking stalls, or 36% of the 25 stalls proposed. MCC 11-13-4,G requires applicant's to
"petition" the city for approval of compact spaces. These spaces appear to be only one-foot
narrower than required. Staff typically discourages compact parking except in excess of the
required ratio. The Commission should review these stalls and determine if the number and
dimensions shown is acceptable,
Drive- Thm Median: Sheet CU 1.3 shows a raised median, approximately liS feet in length, on
the north side of the drive-thru lanes on Lot 1, Block 3. No landscaping is proposed, Staff
requests the Applicant provide more detail on the design of this median at the P&Z Commission
hearing and whether some low-growing landscaping is an option within the median.
SITE SPECIFIC CONDITIONS
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Devon,Fairview II-Alzheimers.CUP
Planning & Zoning Connnission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 11
2.
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.
Applicant shall revise Sheet CUI. I to show a minimum 20-foot landscape buffer along the
north property line, free of any building or vehicular use encroachments.
3.
Applicant shall revise Sheet CUI.3 to graphically delineate the construction phasing
boundary.
4.
Applicant shall revise Sheet CUI,I to label the height and type offence between the multi-
use pathway and the Alzheimer's building to be per the P&Z Commission's condition.
5.
Applicant shall clarify if NMID will allow trees within their 40-foot easement for the
Jackson Drain. If so, submit a License Agreement granting such plantings with the
Certificate of Zoning Compliance application. If not, revise Sheet CUI. I to bring the site
into compliance with MCC 12-13-12.
6.
Applicant shall revise Sheet CUI. I to remove the three (3) parallel parking spaces in front of
the Alzheimer building and provide a more open drop-off area or alternative design as
approved by the P&Z Commission.
7.
A minimum 2-foot separation shall be provided between the multi-use pathway and the
perimeter fence on the west property line. If this strip is not landscaped, a commercial grade
weed barrier and decorative rock shall be used as surface treatment.
8.
Prior to the next public hearing on CUP-04-049, Applicant shall either submit a revised
Sheet CUI.3 that shows a trash enclosure on Lot I, Block 3 OR submit a written statement
from SSC that no trash enclosure is required for this lot. Said statement from SSC shall also
confirm the location ofthe trash enclosure for Pad Site 6 is in an acceptable location.
9.
Prior to the next public hearing on CUP-04-0-49 , Applicant shall submit details of the 8-foot
screen wall shown between the Retail 2 pad and E. Carol Street (per MCC 12-4-10.1).
10.
The submitted landscape plan (Sheet CUI.3), prepared by Tamura & Associates and dated
10-12-04 is approved as submitted with three (3) modifications:
a. Add one (1) deciduous tree to each parking lot planter that serves two (2) rows of
parking, providing two (2) trees per planter;
b. Add one (1) deciduous tree to the parking lot planters at the end of each single
parking row for Pad Site 2 (I tree), Pad Site 5 (2 trees), Pad Site 6 (I tree), and Retail
2(1 tree).
c. The "Honey Locust" tree species shown on the plan shall not be a thorned variety.
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Devon-Fairview ll-Alzheimers.CUP
Planning & Zoning CommissionlMayor & City Council
December 2,2004 (Hearing Date)
Page 12
II.
All buildings submitted for approval under this application shall be constructed in substantial
confonnance with the elevations filed with the application. With the exception of the north
elevation of Pad Site 6 and Retail 2 and 3, all elevations shall be constructed with windows,
as proposed,
12.
The bollards currently shown at the tenninus of Clarene Street (on Sheet CUI. I) are not
approved. A gate, approved by the Meridian Fire Department, shall be constructed across
this access. A minimum 5- foot wide sidewalk shall be extended into the site on the north and
south sides of the fire truck turn-around.
13.
Applicant shall submit a revised Site Plan (Sheets CUl.l and CU1.3) at least ten (10) days
prior to the next public hearing that incorporates all modifications required by the P&Z
Commission.
STANDARD CUP CONDITIONS
1. 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 fonn 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,
2. A Certificate of Zoning Compliance (CZC) and a Building Pennit shall be obtained prior to the
start of construction for all buildings,
3. A drainage plan designed by a State ofIdaho 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, Stonn
water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Stonn 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.
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Planning & Zoning CommissionlMayor & City Council
December 2,2004 (Hearing Date)
Page 13
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
confmnation 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.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN POLICE DEPARTMENT
1. No comments received.
SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
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
from 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
1. Applicant shall provide a Meridian Fire Department-approved sign at the entrance to the
retirement complex that clearly identifies addresses and directions for all units north ofN. Lakes
Avenue.
2,
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3.
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.
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Planning & Zoning Commission/Mayor & City Council
December 2,2004 (Hearing Date)
Page 14
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'.
4.
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.
5.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside,
6.
Provide a 20-foot wide Fire Lane for all internal and external roadways,
7.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
Commercial and office occupancies will require a fire- flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average 0000'
apart.
8,
9,
The 5-lot commercial lot will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. 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.
10.
Maintain a separation of 5- feet from the building to the dumpster enclosure,
11.
Provide exterior egress lighting as required by the International Building & Fire Codes.
12.
Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project.
RECOMMENDA nON
Due to the number of outstanding issues and requests for site plan modifications (as outlined
above), staff recommends both of the subject applications be continued to the December 16,
2004 P&Z Commission hearing.
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Devon-Fairview II-Alzheimers.CUP
Planning & Zoning Commission/Mayor & City Council
December 2, 2004 (Hearing Date)
Page 15
AZ-02-011
EXHIBIT A
DEVON PARK I FAIRVIEW LAKES
Fairview Lakes
Annexation & zoning to C-G, R-40, & C-N zones
Approved 11126/02, Development Agreement Inst. No. 102143306,
First Addendum Inst. No. 103097614
CUP-02-014 Fairview Lakes
CUP/PD for I 92-unit apartment complex, clubhouse,
114,500 s.f, commercial & 15,000 s.f. office
Approved 1011102 - SP rec, date 7130102
PP-02-034
MI-02-008
CUP-03-014
FP-03-033
MI-03-003
MI-03-007
Devon Park Subdivision No. I (southern portion of property adjacent to Fairview)
Preliminary Plat for 7 commercial bldg. lots on 14.31 acres
Approved 4/8/03 - PP date 12/9/02
Fairview Lakes
Request to construct a temporary private road for the construction of the
apartment complex
Approved 10/15102
Fairview Lakes
CUP/PD Modification of CUP-02-0 14
Detailed approval for 96-unit apartment complex; 52,250 s.f, office
Conceptual approval of 122,000 s.f. of commercial adjacent to Fairview
Approved 6/1 0103 - SP date 2/11/03 SD5.0
Devon Park No. I
Final Plat for 7 commercial bldg, lots and I common lot on 14.31 acres
Staff notified applicant that the final plat lot configuration was not consistent with
CUP-03-0 14 or PP-02-034. Applicant agreed that new conceptual approval was
necessary prior to construction on lots east of entrance road along Fairview.
Approved 7/8/03 - Surveyor stamped & signed 5/2/03
Fairview Lakes Addendum to Development Agreement
Requirement for traffic bollards on Teare to be removed.
Development Agreement Addendum Inst. No. 103097614
Fairview Lakes (Lot I, Block 2, Devon Park No. I FP)
Requesting permission to begin construction prior to recording final plat
Approved 6/10103
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Planning & Zoning Commission/Mayor & City Council
September 16, 2004 (Hearing Date)
Page 16
PP-03-006
FP-03-055
CUP-03-054
Devon Park No.2 (northern portion of property)
Preliminary Plat for 17 bldg. lots and 2 other lots on 10.17 acres
Boundaries of PP include apartment complex portion at northern portion of site, a
single office lot on the west side of Lakes Ave. (Lot 19, Blk 1), 15 office lots on
east side of Lake, 2 common lots for parking/landscaping/public pathway. The
boundaries include are-subdivision of Lot 1, Block 2, Devon Park No, 1. (not yet
platted)
Approved 7/1103 - SP approved by City Council 7/15/03
Devon Park No.2
Final Plat for 16 bldg, lots and 3 other lots on 10.17 acres
Approved by City Council 1017/03 - Surveyor stamped & signed 9/8/03
Devon Park No. I & 2
New conceptual approval that modifies the original CUP approvals regarding lot
configuration and structure size to be consistent with Devon Park No, I (FP-03-
033) and preliminary plat approval of Lot 19, Block 1, Devon Park No.2 (PP-03-
034).
CUP-03-055 Devon Park No.1 (Lot 2, Block 1)
Detailed approval for 25,000 s.f. retail bldg.
CUP-04-037 Fairview Lakes - Assisted & Independent Living
Detailed CUP approval
AZ-O4-012. CUP,O4-034
Devon-Fai",iew Jl-Alzheimers.CUP