HomeMy WebLinkAboutDevon Park Subdivision No. 2 RZ-04-015 CUP-04-049
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Request to Rezone 4.9 Acres from R-40 to R-I5 Zone for Retirement
Complex at Devon Park Subdivision No.2 AND a Request for a Detailed Conditional Use
Permit for Fairview Lakes II (Commercial), Including Two (2) Drive-Up Windows and a
30-Unit Alzheimer Facility within the Retirement Complex, by Fairview Lakes, LLC
Case Nos. RZ-04-015 & CUP-04-049
For the City Council Hearing Date of: January 4, 2005
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 January 4, 2005, 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
ofthe 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
CASE NOs. RZ-04-0I5, CUP-04-049 - 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 H for the findings required for the Rezone application.
See Exhibit I for the findings required for the Conditional Use Permit application.
b.
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 (tC. §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 from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning 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 (Rezone), the Devon
Park II Alzheimer Facility CUP Site Plan dated December I, 2004 as shown in Exhibit
B, the Fairview Lakes II CUP Site Plan dated December I, 2004 as shown in Exhibit C,
and the Conditions of Approval in Exhibits D through G. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOs. RZ-O4-015, CUP-O4-049 - PAGE 2 of5
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:
1. The applicant's CUP Site Plan as evidenced by having submitted the plan dated
December 1, 2004, is hereby cOliditionally approved; and
2. The following modifications to site specific conditions were made at the City Council
hearing;
a. Amend Site Specific Condition #2 as follows - "Applicant shall revise Sheet CUl.l
to show, as alternative compliance. a minimum ;!G-15-foot landscape buffer along the
north property line, free of any building or vehicular use encroachments, then a 20-
foot drive aisle and an 8-foot landscape island."
3. The site specific and standard conditions of approval are as shown in Exhibits D
through G.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOs. RZ-O4-015, CUP-04-049 - PAGE 3 of5
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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
Exbibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description (Rezone)
Devon Park II Alzheimer Facility CUP Site Plan
Fairview Lakes II CUP Commercial Site Plan
Rezone Comments (City staff)
CUP Conditions of Approval (City stafi)
ACHD Conditions of Approval
Irrigation District Conditions of Approval
Rezone Findings
Conditional Use Permit Findings
B::7:;tion of the City Council at its regular meeting held on the / g 1"6 day of
IV I/MÆ.AAJ ,2005.
COUNCIL MEMBER SHAUN WARDLE VOTED ~
VOTED---?
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED----$!'-
COUNCIL MEMBER KEITH BIRD
VOTED *
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASENOs.RZ-O4-015,CUP-O4-049 -PAGE40f5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
By: ~~"-a oJIA.
Ity Clerk's Office
Dated:
1-21-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOs. RZ-O4-O15, CUP-04-049 - PAGE 5 of5
EXHIBIT A
Legal Description
Devon Park II Rezone- Alzheimer Facility
(RZ-04-015)
!!!B~~
EXHIBIT "A"
Legal Description Residential Area Devon Park No.2
A parcel of land situate~ in the Southwest Quarter of the Southeast Quarter of
Section 6. Township 3 North, Range 1 East of the Boise Meridian, City of
Meridian, County of Ada, State of Idaho, described as follows:
Commencing at a point marking the Center 14 comer of said Section 6; thence
along the centeriina of said Section 6, South 00'20'01" Esst a distance of
1301.12 feet to a point marking the Northwest comer ofthe Southwest Quarter of
the Southeast Quarter of said Section 6, said point also marks the Trua Point of
Beginning; thence along the North line of the Southwest Quarter of the
Southeast Quartar of said Saction 6, South 89'53'06" East a distance of 666.99
feet; thence departing said North line, South 00'23'27" West along the West line
of Settlers Village, according to the plat thereof, filed In Book 45 of Plats, at
Page 3697, records of Ad;! County, Idaho, a distance of 106.61 feet thence
departing said West line along a non-tangential curve to the rtght, having a redlus
of 28.00 feet, a central angle of 69'59'54", an arc length of 43,98 feet, the long
chord of which bears North 44"36'30" West a distance of 39.60 feet to a point of
tangency; thence North 00'23'27" East a distance of 7.00 feet; thence North
89'36'33" West a distance of 36.00 feet; thence South 00'23'27" West a distance
of 130.00 feet; thence South 69'36'33" East a distance of 36,00 feet; thence
North 00'23'27" East a distance of 7.00 feet to the point of curvature to the right,
having a rsdius of 28.00 feet: thence along said curve to the right through a
centrsl angle of 69'59'54", an arc length of 43.99 feet, the long chord of whlçh
bears North 45"23'24" East a distance of 39.60 feet to a point of non-tangency on
the said Wesliine of said Settiars Village; thence elong said Wast line South
00'23'27" West a distance of 155.07 feet: Ihence deporting said Westiine, North
90'00'00" West a distance of 257.56 feet: thence North 00'00'00" East a
distance of 32.00 feet; thence North 90'00'00" West a distance of 130.00 feet;
th6nce South 00'00'00" West a distance of 32.00 feat: thence North 90'00'00"
West a distance of 279.11 feet to a point on the centerline of said Section 6;
thence along said centertlne North 00'20'0'" East a distance of 325.00 feet to
the True Point of Beginning.
Said parcei contains 205,422 square feet or 4.7156 acres, more or less.
'?'~c.c-f1_'
v I~
OCT 252004
---,-,-,------,-~
m ¡ w..",..., t,.. . s",.. f. "..'dlon. 10 13641
1.200.""."" " . "" IV' 1<1'
EXHIBIT B
Approved Site Plan
Devon Park II - Alzheimer Facility
(CUP-04-049)
- ---
-----
----
- -
i
f
~
IL~~1~1 ,,-
EXHIBIT C
Approved Site Plan
Fairview Lakes II - Commercial
(CUP-04-049)
$"""'"
.'~--=-='-._...._- ....."-",,..",,"'-"'-,.
-.- --
-- .....
-- --.~-
-~.
= j
-- ow. 'd
--- j
wl ¡I!
~.-==--_.~: F
H~Ç:; ì
EXHIBIT D
Rezone
Devon Park II (Alzheimer Facility)
(File RZ-04-015)
REZONE COMMENTS
1. The legal description submitted with the application, prepared by Gordon N.
Anderson and dated 10-21-04, meets the requirements of the 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.
EXHIBIT E
Conditional Use Permit
Conditions of Approval
Devon Park IIIFairview Lakes II - Alzheimer Care Unit & Commercial Buildings
(File CUP-04-049)
SITE SPECIFIC CONDITIONS
1. Applicant shall meet all of the requirernents of the previously approved Development
Agreement, Preliminary Plat, Final Plat and CUP/PD for Fairview Lakes and Devon
Park, unless modified below.
2.
Applicant shall revise Sheet CULl to show, as alternative compliance, a minimum 15-
foot landscape buffer along the north property line, free of any building or vehicular use
encroachments, then a 20-foot drive aisle and an 8-foot landscape island.
3.
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.
4.
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.
5.
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).
6.
The submitted landscape plan (Sheet CU1.3), 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 (1 tree), Pad Site 5 (2 trees), Pad Site 6 (1 tree), and
Retail 2 (1 tree).
c. The "Honey Locust" tree species shown on the plan shall not be a thorned variety.
7.
All buildings submitted for approval under this application shall be constructed in
substantial conformance 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.
Devon Park IIIFairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-O4-049
Exhibit E
Pagelof4
8.
The bollards currently shown at the terminus ofClarene Street (on Sheet CULl) 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 ofthe fire truck turn-around.
9.
The trash enclosure currently on Lot 1, Block 3 (Banner Bank site) shall be relocated
outside the median island (north of the bank) to a less conspicuous location on the site.
(Note: The site plan submitted at the 1/4/05 City Council hearing showed the enclosure at
the southeast corner of the lot and removing one (1) parking stall.)
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 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 ternporary occupancy will not exceed 60 days to complete the required
improvernents.
2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to
the start of construction for all buildings.
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
Enviroumental 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 systern 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 conftrn1ation of said approval submitted to the Public Works
Department.
Devon Park IIlFairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-O4-049
Exhibit E
Page2of4
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 of N.
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 \12" 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.
Devon Park II/Fairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-O4-049
ExhibitE
Page 3 of 4
12.
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 ternporary or permanent 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 of300' 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.
Please contact the Fire Marshal at 888-1234 to work specific issues associated with this
project.
Devon Park II/Fairview Lakes II - Alzheimer Facility & Commercial Buildings - CUP-O4-049
Exhibit E
Page 4 of 4
EXHIBIT F
ACHD Conditions of Approval
Devon Park II I Fairview Lakes II - Alzheimer Facility & Commercial
Buildings
(File CUP-04-049)
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 MRZ-04-0l5 and MCUP-04-049.
See ACHD Site Specific Conditions and Standard Conditions of Approval, submitted to the City
of Meridian on Novernber 8, 2004.
Devon Park lIIFairview Lakes 11- CUP-O4-049 - Exhibit F
Page 1 of 1
EXHIBIT G
Conditional Use Permit
Devon Park II / Fairview Lakes II - Alzheimer Facility & Commercial
Buildings
(File CUP-04-049)
Irrigation District Conditions
1.
The Nampa & Meridian Irrigation District requires a Land Use Change Application be
filed for review prior to final platting. Please contact Donna Moore at 466- 7861 for
further information.
2.
Alliaterais and waste ways must be protected. 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
started, is unacceptable.
3.
All municipal surface drainage must be retained on site.
3.
The developer must comply with Idaho Code 31-3805.
4.
It is recommended that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
EXHIBIT H
Conditional Use Permit Findings
Devon Park II I Fairview Lakes II - Commercial & Alzheimer Facility
(File No. CUP-O4-049)
The City Council hereby approves the following analysis of required findings by staff:
STANDARDS FOR CONDITIONAL USES
The Commission and Council shaD review the particular facts and circumstances of
each proposed conditional use in terms of the foDowing and may approve a
conditional use permit if they shall f'md 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 aD 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 proposed
uses as shown, per the Zoning Ordinance. The following areas ofthe site plan
were corrected and brought into compliance with the revised Site Plan (12/1104):
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:
1. The commercial area shows 105 parking stalls where 109 are
required
2. Lot 1 (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 1 (bank lot).
2. The trash enclosure shown for Pad Site 6 is accessed only via the
drive-thru lane.
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 carefully
review this finding at the public hearings and ensure the public record provides
evidence that the standards should be reduced.
Devon Park II I Fairview Lakes II Conditional Use Pennit - CUP-O4-049 - Exhibit I
Page 10f3
B.
C.
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
is harmonious with and in accordance with the Comprehensive Plan.
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. 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 A venue rather than via Clarene
Street to the east. This should help mitigate impacts on the Settlers Village
Subdivision.
D.
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.
E.
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
Devon Park II I Fairview Lakes II Conditional Use Permit - CUP-O4-049 - Exhibit I
Page 2 00
H.
I.
must be met separately by SSC for the refuse disposal services once the applicant
clarifies how trash collection will be handled for the commercial area.
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 commuuity;
Staff finds that the proposed uses would not be detrimental to the economic
welfare ofthe 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.
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 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 ofthe 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 movernent 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, 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.
Devon Park II / Fairview Lakes II Conditional Use Pennit - CUP-O4-049 - Exhibit I
Page 300