HomeMy WebLinkAboutFindingsCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAM--,
LAW AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit Modification to Amend the Site
and Building Layout Approved with CUP-06-032 for the Northeast Portion of Lot 4, Block
3, of Devon Park Subdivision No. 1, by Doug Tamura.
Case No(s). MCU-08-002
For the City Council Hearing Dates of. January 6, and 13, 2009 (Findings on February 3,
2009)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of January 13, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 13, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
13, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 13, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-08-002 2
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of January 13, 2009, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Conditional User Permit as evidenced by having submitted the
Site/Landscape Plan attached in Exhibit A.9 of the staff report dated January 13, 2009,
is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 13, 2009, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-08-002 2
Page 2
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of January 13, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-08-002 2
Page 3
ction of the City Council at its regular meeting held on the day of
2009.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Jaycee Holman, City Clerk
VOTED
VOTED
VOTED
VOTED �—
Maygx\\T /Weerd
SEAL
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: W&�k4PDated: C9- ✓ (/
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-08-002 2
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
STAFF REPORT Hearing Date: January 13, 2009
(Continued from January 6, 2009) v IDII1N
TO: Mayor & City Council cIDAHO
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Fairview Lakes Retail
MCU-08-002
Conditional Use Permit modification to amend the site and building layout
approved with CUP-06-032 for the northeast portion of Lot 4, Block 3, of
Devon Park Subdivision No. 1, by Doug Tamura.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Doug Tamura, is requesting approval of a conditional use permit modification (MCU)
to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-
032. The proposed modification only applies to the previously mentioned retail buildings approved on
the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed
for the remainder of Lot 4 or Lot 3. (See Section 10, Analysis, for more information)
The subject property is located north of Fairview Avenue on the southeast comer of N. Lakes Place
and N. Teare Avenue, at 950 E. Fairview Avenue. The site is currently zoned C-G.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP modification application below. Staff
recommends approval of MCU-08-002 to modify the previously approved site plan and
building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in
the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in
Exhibit B.
The Meridian Planning and Zoning Commission heard this item on September 18 and October
6 2008. At the public hearing on October 16 2008 they moved to approve MCU 08 002
a. Summary of Commission Public Hearing:
i. In favor: Doug Tamura
ii. In opposition: None
iii. Commenting: Ryan McDaniel
iv. Written testimony: Ryan McDaniel
V. Staff Presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Whether or not to require additional windows to be installed on the west end of
the building;
ii. Whether or not to require a stucco or alternative finish on the walls of the
existing structure;
iii. Whether or not the planter should be required to be installed Per Staffs
recommendation;
iv. Discussion regarding the letter of testimony submitted by Ryan McDaniel and
V. The necessity for changes to Plans to be approved by the City prior to
construction.
Fairview Lakes Retail MCU-08-002
Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
c. Key Commission Changes to Staff Recommendation:
i. Modify condition of approval #13 a to require a tex coat on the wall surfaces of
the building instead of a 2-coat stucco system
ii. Strike condition of approval #1.3 b that required additional windows to be
installed on the west building elevation
After the Commission approved the subied MC U annlica_tinn on October 16 200Q the
.applicant a request for Cilx Council review ( P-08-007) of the CommissFoWs
decision on certain conditions of approval The Council approved the request for review of the
ommis. ionic deci ion and held a new public hearing on January 6 and 13 2009 At the public
Caring On ianuary 13, 2009 tke Council approved the MCU with now conditions of -
a. Summary of Citv Council P ub is Hearings-.
L In favor: Doug Tamura
ja In opposition: None
ilia Co men 'ne• Ryan McDaniel
iyY Written testimony: Ryan McDaniel
E Staff presenting apD ication: Sonya Watters_ Pete Friedman
A -Other staff on app ication• L.t Colaianni• .Ioe Silva
1h Key Issues of Discussion bV .o nc'1•
L 1he off -site location and de i n of the existing trash -enclosure tha was no
approved by SSC or the Cft before cDMh3lctinn•
1L The absence of an on -site trash encloc ire that meets UDC standards�
j! Requiring additional tr . 'thin the street buffer along Carol Street to screen the
rear of the bmadhm.
iYa An alternative -treatment for the rear of -the building, other than stucco or tex coat__
that would give variation and interest to the rear of the structure that would he
consistent wit!+ the front building facade• and
Y. Clarification that the changes to the building facade materials approved with this
application do not carry over to buildings in fu ire dmri approved with TP-0(j-
32; a new CUP application will he ramaired.
�.My Council Changes to Commission Mdsiqu
i. Modify condition #1.3_a to require a dark green wainscot to bg --....a along the
lower portion of the north, west, and cat building levations to thp ha;cvht of the
column bases—Wdpoint of the door) an 8-inch brown colored accent band to be
paWed above the green wainscot• anal +lae doors an door frames on the north
elevation to be painted he came color as the accent hand
ii. ModW condition #1 1 b o rea sire 2 additional tree the me species as the exi tiny
trees, to e planted wit in h street buffer along arol Street; 4 foot tr Il a
ark mulch to be 'nc a 1 d around a" of the tree for prgtection and blooming
flowers like Floribunda roses to bp plan ed at the street level of the two se
W. Strike condition #1 1 a rguiring an additional planter island to -be constmcte
withi the row of uar 'ng on the west Side of the boil bm
iv. The existing off -site -yard trash enclosure is annrny a r ,a , , v use only
will allow th - applicant to proceed with a C ZC application a tic �.� r
la�au a.uuauddL+ l9CI_ �
tenant mprov .meets for the existing building. A
permanent- nn-cite .octeatui
surthat meetiDC and SC requiremenapproVovn..d favaan .a.
co structgd- and
e 3-yardAcmumry enclosure 1, n 1.
'dddddmrp TO COmnIV with
UDC s mcludina painting_ constl nctinn of the planter island_ a
installation of land Gaping prior to occnnanry of the fire+ +
Fairview Lakes Retail MCU-08-002
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU-
08-002, as presented in the staff report for the hearing date of January 13, 2009, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing on February 3, 2009.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number MCU-08-002,
as presented during the hearing on January 13, 2009, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future). I
further move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on February 3, 2009.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU-
08-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located north of Fairview Avenue on the southeast corner of N. Lakes Place and N.
Teare Avenue, at 950 E. Fairview Avenue.
Southeast '/ of Section 6, Township 3 North, Range 1 East
b. Owner:
Fairview Lakes, LLC
1124 Santa Maria
Boise, ID 83712
c. Applicant:
Same as Owner
d. Contact:
Doug Tamura
1124 Santa Maria
Boise, ID 83712
208-721-2151 Phone/208-343-2210 Fax
e. Present Zoning: C-G (General Retail & Service Commercial)
f. Present Comprehensive Plan Designation: Mixed Use — Community
g. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
approval to modify the previously approved site plan and building elevations approved with
CUP-06-032 for a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. See Analysis, Section
10, below for more information.
Fairview Lakes Retail MCU-08-002
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
h. Description of Applicant's Justification for CUP Approval: "Because of the difficult times in the
retail leasing market, Fairview Lakes LLC has modified the retail center to be predominantly a
strip center. The first phase (Retail %) of the retail center has been constructed. Fairview Lakes is
proposing an alternate landscape plan in lieu of a parking island. We have installed an 18-foot
patio with a bike rack and bench to break up the parking in front of the current retail center. In
phase H, the required courtyard was increased 3,150 square feet. The proposed landscape
courtyard will include a water feature.
The building elevations and heights will remain similar to the existing structure. Please note the
building modulation has changed to reflect the building that was built. The buildings were
modulated to provide a larger courtyard area for phase H. All other conditions of CUP-06-032
shall remain the same, including the approval of the two drive -up windows." See applicant's
narrative for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-5A-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: September 1, 2008 and September 15, 2008
c. Radius notices mailed to properties within 300 feet on: August 18, 2008
d. Applicant posted notice on site by: October 1, 2008
6. LAND USE
a. Existing Land Use(s): The portion of Lot 4 that is requested be modified contains one
commercial building that has not yet received occupancy.
b. Description of Character of Surrounding Area: Residential uses abut the site to the north and
east. Existing and future commercial uses abut the site on the south and west.
c. Adjacent Land Use and Zoning
1. North: N. Teare Avenue borders the site on the north; offices and single-family residences in
Settlers Village Subdivision exist on the north side of Teare Avenue, zoned C-N
2. East: Single-family residential properties in Settlers Village Subdivision and carwash; zoned
R-8
3. South: Bank and restaurant, zoned C-G
4. West: Retail store (Hastings/Hardback Caf6) and Department of Motor Vehicles, zoned C-G
d. History of Previous Actions:
• This property was annexed in 2002 (AZ-02-011) with a C-G zoning district as part of the
Fairview Lakes development. A Development Agreement was approved with the annexation
(Instrument No. 102143306, First Addendum Instrument No. 103097614).
• The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500
square feet of commercial and 15,000 square feet of office space, and detailed approval for
192 apartment units. In 2003, the first modification to the conceptual PD (CUP-03-014)
included the approval of 122,000 square feet of commercial and 52,250 square feet of office
space, and detailed approval for 96 apartment units. Also in 2003, a second modification to
the conceptual PD (CUP-03-054) increased the office component by approximately 35,000
Fairview Lakes Retail MCU-08-002
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
square feet and reduced the commercial/retail component by approximately 18,000 square
feet.
In 2004, CUP-04-049 granted detailed approval for the construction of four commercial
buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot 1
and a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. Banner Bank has already
been constructed on said Lot 1. In 2007, CUP-06-032, a modification of CUP-04-049,
granted approval of a new development plan (site plan & building elevations) for Lots 3 and
4, Block 3, Devon Park Subdivision No. 1.
A Certificate of Zoning Compliance (CZC-07-027) was approved for retail building 'h on
the subject property in 2007. The site plan and building elevations submitted with the CZC
varied from the site plan approved with CUP-06-032 but were deemed to substantially
comply with those previously approved.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: NA
Location of water: NA
Issues or concerns: None
2. Vegetation: There are several existing trees and landscaping on the site.
3. Floodplain: NA
4. Canals/Ditches Irrigation: The Flume Canal runs through this site but has been tiled.
5. Hazards: N/A
6. Lot Size: 5 acres
f. Conditional Use Information:
Non-residential square footage: 44,000 overall; 11,700 existing (only includes retail buildings
1-4 at northeast corner of Lot 4)
2. Hours of Operation: 8 am to 10 pm
g. Off -Street Parking: Off-street parking exists and is proposed on the site with future phases
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the
subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue.
No new access points or streets are proposed with this application.
7. COMMENTS MEETING
On August 29, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, Sanitary Service Company, and the Meridian Police Department. The
aforementioned agencies and departments had no comments on this application.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use
— Community." The purpose of the Mixed Use areas, as deemed on page 102 of the Comprehensive
Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the
designation will provide for a combination of compatible land uses that are typically developed under
Fairview Lakes Retail MCU-08-002
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
a master or conceptual plan. The purpose of this designation is to identify key areas which are either
infill in nature or situated in highly visible or transitioning areas of the city where innovative and
flexible design opportunities are encouraged. The intent of this designation is to offer the developer a
greater degree of design and use flexibility."
The requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses,
up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling
units to the acre. In Mixed Use — Community areas that are not Neighborhood Centers, over 25 acres
of non-residential uses shall be permitted through the CUP process. Per the conceptual development
plan, the subject site may develop with commercial uses such as retail along Chinden Boulevard/SH
20-26 and retail/office along Ten Mile, with multi -family residential units internally within the
development adjacent to future single-family residential uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• "All mixed use projects shall be directly accessible to neighborhoods within the section by
both vehicles and pedestrians." (Chapter VII, page 103)
The northern boundary of this site lies adjacent to N. Teare Avenue, which extends through
this site from Settler's Village Subdivision. A pedestrian sidewalk exists along Teare Avenue.
Staff believes that this site is directly accessible to the adjacent residential subdivision.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the proposal will contribute to the variety of uses in this area.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action 5)
Internal parking lot landscaping and street buffer landscaping is required to be installed and
maintained on this site. Refer to the CUP Analysis, Section 10, for more information on
landscaping at this site.
• "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal
III, Objective D, Action 3)
Parking lot landscaping has been provided on the site. Staff is including a condition of
approval for one additional planter island to be installed on the site (see Analysis, Section 10
below for more information).
"Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action 2)
The north side of this building is adjacent to office and residential uses and does not contain
any windows or architectural design features. To lessen the stark appearance of the building,
staff is requesting the applicant provide additional landscaping within the street buffer along
Teare Avenue (see Section 10 below for more information).
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail shops and restaurants as principal
permitted uses in the C-G zone. For a complete listed of permitted and conditional uses in the C-G
district, see UDC 11-2B-2.
Fairview Lakes Retail MCU-08-002
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel -related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP modification request as presented in the staff report, with the following comments:
Conditional Use Permit Modification (MCU): A MCU is requested to amend the site and
building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-032. The proposed
modification only applies to the previously mentioned retail buildings approved on the northeast
portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed to the
remainder of Lot 4 or Lot 3.
A site/landscape plan (see site plan attached in Exhibit A.2) was submitted for this site showing
how the site was actually constructed in contrast to what was previously approved with CUP-06-
032 and CZC-07-027 (see site plans attached in Exhibits A.3 and AA).
The previous site plan approved with CUP-06-032 depicted modulation in the building facades
between retail buildings 1 and 2, only five parking stalls on the south side of retail building 1, and
no parking in front of retail building 2. The structure that was built on the site combines retail
buildings 1 and 2 and has no modulation in the fagade. Parking exists along the entire south side
of the building. Retail building 2 was pulled back to align with retail building 1 creating an
appearance of a strip mall. The overall structure (retail buildings 1 and 2) was reduced in size
from 13,500 square feet (s.f.) to 11,700 s.f. Future retail building 3 decreased in size from 8,000
s.f. to 4,800 s.f. Future retail buildings 4, 4A, and 5, consisting of a total of 18,900 is now
combined in one structure and depicted as 15,000-18,000 s.f. The proposed site plan depicts retail
3 building recessed back approximately 5 feet from the face of retail building %2 and retail 4
building projecting approximately 25 feet from the face of retail building 3. Overall, the proposed
site plan depicts modulation between the existing structure and 2 future structures; however, the
modulation has decreased greatly from the original approved plan. Staff favors the original plan
and if the applicant had requested approval prior to construction as required, would most likely
not have recommended approval of the request. Because the applicant has requested approval of a
change in the site design after it was constructed, there is not a lot that can be changed at this
point that doesn't involve knocking out walls. Therefore, Staff is reluctantly supportive of the
MCU request with the conditions of approval noted in Exhibit B. (See site plans attached in
Exhibits A.2 and A.3 for more information)
A Certificate of Zoning Compliance (CZC-07-027) was approved in 2007 for retail building 1/2.
The site plan submitted with the CZC varied from what was approved with CUP-09-032 but
was deemed in substantial compliance (see site plans attached in Exhibits A.3 and A.4). The
structure approved with the CZC combined retail buildings 1 and 2 but still showed modulation
between the two buildings although not as much as in the CUP site plan.
Access: Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place
and N. Teare Avenue. No new access points or streets are proposed with this application.
Site/Landscape Plan: Staff has reviewed the site/landscape plan and has noted the following
revisions as conditions of approval of the subject MCU:
➢ Per UDC 11-3B-8C2, planter islands are required at the ends of all rows of parking. The
parking area on the west end of the building does not have a planter island on the north
Fairview Lakes Retail MCU-08-002
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
end of the row of parking as required by the UDC and as shown on the site plan approved
with CUP-06-032. The applicant shall construct a planter island at the north end of
the row of parking on the west side of the building in accordance with the standards
listed in UDC 11-3B-8C2.
➢ Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer
along Teare Avenue to serve as screening of the rear of the building. The buffer area shall
result in a barrier that allows trees to touch at the time of maturity.
➢ A trash enclosure shall be constructed on the site in the location depicted on the proposed
site plan. Said enclosure shall be constructed of like color and materials as the building.
Enclosure shall be incorporated into the overall design of the building and landscaping so
that the visual and acoustic impact of this function is fully contained and out of view
from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants
shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure
to passersby on the adjacent street and from adjacent properties. Submit details of trash
enclosure with CZC application.
Building Elevations: The building elevations that were approved with CUP-06-032 and CZC-
07-027 vary from the building (retail th) that was actually constructed on the site as discussed
above, as follows:
➢ The construction materials that were approved on previous elevations depict a 2-coat
stucco system on the walls of the structure with manufactured stone veneer accents.
Upon visiting the site, I found that the north and side elevations, and the lower portion
of the south elevation consist of painted block wall. Stone veneer accents have been
used on the building in compliance with the elevations approved with the previous CUP
& CZC. Staff believes that the painted block wall construction does not represent high
quality construction materials and is not consistent with construction materials of
existing buildings on the site. Further, staff believes that the appearance of the building
from the offices and residences across Teare Avenue from the north is not visually
pleasing Therefore, Staff recommends that all wall surfaces, excluding the portion
that will abut retail building 3 on the east elevation, consisting of painted block
wall be covered with stucco as originally proposed and approved.
➢ Windows were shown along the entire west end of the structure on the elevations
approved with the CZC. The existing building only has windows along t/2 +/- of the
west elevation. Staff recommends that windows be constructed along the entire west
elevation as previously proposed and approved.
➢ The design of the entryway features constructed on the building fagade has also changed
significantly from what was approved with the CUP & CZC. However, staff does not
object to the changes made.
Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC
permit from the Planning Department for the proposed changes to the site plan and building
elevations, prior to release of occupancy for retail building th.
Note: When the site plan or building elevations change from what was originally approved
through a CUP and/or a CZC, the applicant is responsible for requesting a modification to
the previously approved plans PRIOR to construction. The end result of the requested
change(s) should be comparable or better than what was originally approved in order for
Staff to approve the change(s). Staff does not believe that the above noted changes to the site
plan and structure are comparable or better; Staff believes that they result in a product that is
Fairview Lakes Retail MCU-08-002
Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
lesser than was approved. Therefore Staff has included additional conditions as recommended
above in Exhibit B as conditions of approval of the requested MCU.
b. Staff Recommendation: Staff recommends approval of MCU-08-002 to modify the
previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park
Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18,
2008, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning
Commission heard this item on September 18 and October 16 2008 At the public hearing
on October 16, 2008, they moved to approve MCU-08-002 r the onwA cion annrnv
the subject MCU application on October 16. 2008_ the ap3dirant submitted a rennect fnr
City Council review ( P-08-007) of the Commission's decision on certain conditions of
approval. The Council annrnv .d the request for review of the Commission's deci '
held a new public hearing on January 6. and 13, 2009- At the public hearing an TI_1RUAKS 11
2009, the Council approved the MCU with new conditions of approval
11. EXHIBITS
A. Exhibits
1. Vicinity Map
2. Proposed Site Plan
3. Site Plan Approved with CUP-06-032
4. Site Plan Approved with CZC-07-027
5. Building Elevations Approved with CUP-06-032
6. Building Elevations Approved with CZC-07-027
7. Proposed Building Elevations
8. Site Photos
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Fairview Lakes Retail MCU-08-002
Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
A. Drawings
1. Vicinity Map
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
2. Proposed Site Plan
J
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
3. Site Plan Approved with CUP-06-032
r.
Boa = pm
L"-
..
_ rwwr w Q r rrr
+r.r.«.a� Pr :� sw�r wr •..
r r..ewir r + n.rrrw ��
we.r
wrwrww.�..ri
aaraa+iw Yr �.+ 2
S�
L1.0
Exhibit B
"j7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
5. Building Elevations Approved with CUP-06-032
1
� �g4sio�t - 90!040 E EMM W,�.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
6. Building Elevations Approved with CZC-07-027
Nam
a. �R. i`ti ems.. S-�`^4�, �4 �r �, . 1?, ��r,Flt�a1 a;•.�a, `•.t t .t a yj i 'i ti .'.. ,+ � 4t 1, . i � }� ai�
?T � ♦ n a , 'et'4 .kT.., y .�.x .+. 1 � ... r s a, +. y �"'
�.'%i�rr .r }. �JLF.I. i.K`ta�ti a lyz L,Yr r"�4 4' :h h �1. `�� j 1v.,...�.ttt. �L.. \! �'�} �: �e it a s t•tC� ~ � �+-.i•.s h�y.,.m ,
k'�'� F4°4Y7 VL .�Y"r a ,[� �+.. �-•°i �. � .., :/.'.� 4•i ''T:t Iv $`L•"faw,+i.�.t'.+`$ 41 S?�.".t„ �. :!
s,'d';° m •l, � t a' '�' s A � ii ".� F� - .. ✓ ��` L�-`- z-1'+,r.y h 1 r � � ..✓-
C i..1 n:. �Y��'�a . ": r :.i �a.4 �'{� a,. •'^ � �.-Qa� 'i��n•t k� s�. !�= �v}S';
1 � B�it�ne■ - ern � � �
O MGM
/�� +M.. IIIli 1117121• L'�i "mq>•�* �M - x A
11111171m. Rl� � EI71.fA1� 11111111110111 - - r�o
a _._ t. ■�.�■ Rai,- �� �1' �£�ik[�■'.:.
0 oTo a 0
- _ a:ras�ssre,
�b
own
1`germ 1s2
R.
AW
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
1. ❑ Proposed Building Elevations
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
8. Site Photos
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
u
�e
ee eei
��, ►��rsif•ir•�fr
rim% a�rr���
� vlop,
�....+�����1���t11�i�N'JI>I_���jr�tLl%J�■■1q���rt����if�AiA�
on
in
so
fib
fry
fly
fin
e
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
RECEMED
JAN 09 16D9
Cioiof 41erEtli -
�ianng Department
9^� 7t4 sigo- �u7� _�gra�r aq�e �.• m,� ..... i ! < �
SOMIELEVATION 'i� ■fi
i
•i'lMt� _ _-- — ' O
iLTI
1
it o
ma,d mid rr� __ — - ¢rr.N �.cn. k •<,s. —�L \ ___. R,s.a rmai.,...� --�
NORTH ELEVATION gg
i a
w
\ ��y
ICY,- .�• ,�...p ,; _ �• i ; :ArA..
- 1 1
a.g
WEST F— ,.L�— HASP 'VA710N A3
ao.
•��
s; 0,
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site/landscape plan attached in Exhibit A.2 shall be revised as follows:
west side oath, building dards-listed in UDE� '�z
e�danFe�vifi�-�e-s
b. Two Eve fgFeen t , -•- 6 feet in height, additional trees_ the same species as the
existing tree shall be installed within the street buffer along Te -e Avenue to
serve as screening of the rear of the building, per the revised landscape plan in Exhibit A.9.
The buffer area shall result in a baniu tha4 a4lews tFees to totteh at the t4ne of Mattwity.
.Additionally 4 foot tree wells and bark mulch shall be inst kd around a 1 of the trees
r protection and bloomin flowers like Floribunda roses sha 1 be planted a _ he street
vel of the two service s airway
c.
EA44 � The existing off -site 3-yard trash enclosure is approved for teMporaa use
v, and will allow the applicant to proceed with a CZC application and b uil inu
permits for tenant improvements for the existing building. A Permanent on -site
location for a trash enclosure that meets and SSC requirements shall be approved
.and constructed_ and the 3-yard temporary enclosure shall he improved to ,..,..._&
U-DC standards incl in naintin . construction of the ulanler island, and installation of
landscaping, prior to occupancy of the first tenant sharp Said enclosures shall be
constructed of like color and materials as the building (chain link with slats shall not be used).
Enclosure shall be incorporated into the overall design of the building and landscaping so that
the visual and acoustic impact of this function is fully contained and out of view from
adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be
installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby
on the adjacent street and from adjacent properties.
d. ,
Already stated above in 1.1 a.
1.3 The building elevations included in Exhibit A.6 shall be revised as follows:
a. All wall suffaees,
,
eeftsisting ef painted bleek wall be eeveFed with a 2 eeat sweee system !ex eeat.
,green wainscot shall be phe painted alon tlower nnrtinn of the ..nrth 'and
dark
nd east
building elevations to the height of the column bas (midpoint of he doors( an 8 inch
brown colored -accent band shall be-aginted aboyc thegreen -wainscot; an he doors
and door frames on thenorth levation ha 1 be painted the same color as the_ _a_c_r_p_nt
and, per the revised elevations in Exhibit A 10
b. Windows shall h-e-- c0e--A-skmeted along the Ontire west elevation in substaWial con FF Mee
with those approved witb. CZC 07 02-
1.4 The applicant shall be responsible to obtain a Certificate of Zoning Compliance permit from the
Planning Department for the proposed changes to the site plan and building elevations that
complies with the conditions contained in this report, prior to release of occupancy for Retail
Building 1 /2.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
2. PUBLIC WORKS DEPARTMENT
Public Works has no comments on this application.
3. ADA COUNTY HIGHWAY DISTRICT
See next page
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
A..
StmY R KO , 19 Woo NeWert
We &MM, 2+d VIM Plesldest
l.�o.w.w fiial o v:cd Jahn & hWWM, Cwcfiwftw
Reba= W. Arrx4 Cam- a, ,
August 14, 2008
CEI
TO, Fairview Lakes, L.LC t° -fie J1'
1124 Santa Maria AUG 2 5
Reiss, ID 83712 h2008
�.iry 0r «svIE-RIDIAN
REP: Coup Tamura �+ CLERK OFFICF
SUBJECT. MMCU-0 -002
Modify Bldg, Layout
9W E. Fairview Ave.
On March 28. 2003, the Ada County Highway district aid on the revised MPP-02-034 for Devon Park
Subdivision #1. The oorKNons and requiremertis also apply to MMCU-08-002.
Prior to flrmf approval you will need to submft conatntctlon plans to the ACHD
Development Review Section to Insure compffance with We conditions idenMd above
andlor for traffic Impact fee assessment Thlo Is a sepanMo review proem that requires
direct plans sabmit#af to the Development Review staff at the Highway District
• A traffic Impact fee will be assessed by ACHD and will be due prior to the Issuance of a
building permit Contact ACHD Planning 8 Devefopmarrt Servlc� at 3f17 $17G for
Intorrmdon regarding Impact faea.
if You have any questions or concerns please feel free to contad this office at (208) 387_6177.
Sincerely,
Ch Kum f
Right-0f-Way and Development Services
CC: ProjW File
City of Meridian
A� �� • 3i15 Adams y4telt • Gart1� City, ®• B3T1# • RH 2O8�7fis106 • fX 345-A&50 . �ww,adrdada.[dtes
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the site is large enough to accommodate the changes to the CUP as
proposed and still meet all of the dimensional and development regulations of the C-G district.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Mixed Use — Neighborhood (MU-N). The property is currently zoned C-G, which is
consistent with the MU-N designation. The existing and future residential use of the property
complies with this designation.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed design, construction, operation and maintenance of the structure should be
compatible with other uses in the general area and with the existing and intended character of the
area. Further, the Commission believes that the proposed use will not adversely change the
essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the subject property is currently served and will continue to be served
by the public facilities and services mentioned above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Commission finds the proposed use of the property should not create excessive additional
costs for public facilities and services. The Commission finds that the proposed use will not be
detrimental to the community's economic welfare.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
The Commission recognizes that traffic and noise is a concern; however, the Commission finds
that the amount generated will not be detrimental to persons or property in the general area.
Further, the Commission does not anticipate the existing and future residential use of the property
will create excessive noise, smoke, fumes, glare, or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed commercial/retail use
of the property will not result in the destruction, loss or damage of any natural, scenic, or historic
feature of major importance.
Exhibit C