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HomeMy WebLinkAboutFairview Lakes CUP 02-014 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/17/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 192-UNIT ) APARTMENT COMPLEX IN AN R- ) 40 AND COMMERCIAL BUILDING ) SITE IN CoN AND CoG ZONES, ) LOCATED ON THE NORTH SIDE ) OF FAlRVIEW AVENUE, 113 MILE ) WEST OF LOCUST GROVE, ) MERIDIAN, IDAHO ) ) HOPKINS FINANCIAL SERVICES, ) INC., ) ) APPLICANT ) ) CASE NO. CUP-02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 17,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway ofthe Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for September 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 17, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. 3. This proposed development request is in an R-T zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side ofFairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho. 5. The owner of record of the subject property is William Curtis, 2630 East Franklin Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Hopkins Financial Services, Inc., 111 Auto Drive, Suite 105, Boise, Idaho. 7. The subject property is currently zoned R-T. The zoning district ofR-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development ofthe lot as follows: construction of a 192-unit apartment complex in the northern portion zoned R-40 and a commercial building site for multiple commercial buildings in the southern portion zoned CON and CoG. The R-40, CoN and CoG zoning designations within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: Adopt the requirements of the Planning and Zoning Commission as follows: I. The Applicant shall be required to provide a 30' landscape buffer on the east side of the apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards are permanent or breakaway). 3. The Applicant shall address buffering to the south end of the Smith property on Teare Street at such time as that street is extended into the proj ect. 4. The Applicant shall provide a miscellaneous application for the approval of a private street. Further, the north-south street (as yet unnamed) running through the project shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommeudations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction. No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! o]ien areas 1 amenities centrally located to serve future employees and customers, improving the building orientations to Fairview Avenue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 4. Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion of the development until a final plat has been recorded for the entire Fairview Lakes development. 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval, prior to applying for building permits, from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. Verify easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum of five (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigation is required for any existing trees that are proposed to be removed. 11. All pedestrian walkways within the development shall be a minimum of five (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property, from the southeast corner to northwest corner of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction ofthe apartment project and subsequent commercial development. Best management practices are to be followed during the construction of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 15. Developer shall provide a fence on the north, east, and west borders of the apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16. The developer has agreed to and shall be required to do the following: a. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. b. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Requirements: 1. Tile any existing irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/.drainage district to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non- domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 11. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). Adopt the Recommendations ofthe ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. 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 commerciallindustrial roadway that extends north into the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -7 4. Construct a commerciallindustrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. 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 commerciallindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commerciallindustrial roadway a minimum of 50 feet north ofFairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commerciallindustrial roadway approximately 195 feet north of Fairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commerciallindustrial roadway approximately 345 feet north ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commerciallindustrial roadway that extends north from Fairview Avenue approximately 580 feet north of Fairview Avenue, as proposed. II. Construct a 35 foot wide driveway to extend directIynorth of the commerciallindustrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the commerciallindustrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north ofthe commerciallindustrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commerciall industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commerciallindustrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commerciall industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: 1. Provide a fire flow as required by the 1997 UFC Appendix ill-A. Show all proximity hydrants within 500' ofthe project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance ofthe water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnaround for any street which exceeds 150' in length as a result of the phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application shall be filed for the Conditional Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary- Treasurer at 466-7861 for the Land Use Change/Site Application. Adopt the recommendations of Meridian Parks and Recreation as follows: I. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue shall be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the acljacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off ofFairview into the project to be approved as a private street by Council, until such time as the area is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October I, 2002. 13. It is found that the subject property is large enough to accommodate the requested uses and all other required features; however, changes such as additional landscaping, may be necessary to the site plan to accommodate all required features. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 14. The Comprehensive Plan Land Use Map designates the property as "Existing Urban". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 15. It is found that the design concept is compatible with the existing and intended character of the area. The majority of the project is residential adjacent to residential and commercial adjacent to commercial. 16. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. The applicant(s) will pay for the proposed traffic light. 19. It is found that additional traffic will be brought into the area, however it is not found that the traffic produced by this development will be excessive. It is not anticipated that the development will detrimental to any persons or property by means of noise, smoke, fumes, glare or odors will result from the proposed uses and development. 20. It is found that the proposed vehicular approaches on Fairview Avenue will be designed to limit the amount of interference the proposed project will create. The applicant has proposed installing a traffic light on the western approach to help move traffic into and out of the proposed development. Applicant's proposal to extend the Teare Avenue stub street into the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 development is supported. There is no objection to the emergency access to Clarene Street. 21. The Jackson Drain is a scenic feature that will be affected by this project, but it has been incorporated as an amenity and will be a vital part ofthe future Park's pathway system. 22. Ada County Highway District is requiring the internal streets of Fairview Lakes to be dedicated as public rights-of-way due to the facts that Teare Avenue is being extended and a traffic signal is being constructed at this location. City Ordinance requires any dedication of public rights-of-way to be done through the subdivision platting process. 23. Parking within the residential development only allows for two parking spaces per unit, with 16 additional parking additional parking for visitors and the clubhouse area. City Ordinance requires the determination if the parking provided is adequate. Parking for the commercial uses will be determined at such time as a detailed conditional use permit is submitted. 24. Hour of operation for the commercial development will be determined at the time of the detailed conditional use permit for commercial development. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (lC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fIre protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of the lot as follows: construction of a I 92-unit apartment complex in the northern portion zoned -40 and a commercial building site for multiple commercial buildings in the southern portion zoned CoN and CoG and located on the north side of Fairview Avenue, 1/3 mile west of Locust Grove, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Adopt the requirements of the Planning and Zoning Commission as follows: 1. The Applicant shall be required to provide a 30' landscape buffer on the east side ofthe apartment complex. 2. Traffic bollards shall be erected on the south end of Teare Street where that road borders the project. (Meridian Fire Department shall have decision as to whether bollards are permanent or breakaway). 3. The Applicant shall address buffering to the south end ofthe Smith property on Teare Street at such time as that street is extended into the project. 4. The Applicant shall provide a miscellaneous application for the approval of a private street. Further, the north-south street (as yet unnamed) running through the proj ect shall not be a public street until such time as the street is recorded in the final plat. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements: 1. The entire office or commercial use area proposed shall be required to apply for a conditional use permit as a planned development prior to construction. No approval is given for the conceptual design shown, only for the concept having office, bank, retail, fast food, and a restaurant on the southerly portion of the property. There have been significant changes to the concept shown, including more pedestrian walkways to connect the internal parking lots, plaza! open areas I amenities centrally located to serve future employees and customers, improving the building orientations to Fairview Avenue, etc. 2. Fairview Avenue shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation) prior to the issuance of an occupancy permit for any building within the development, including the apartments. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Construction vehicles shall enter only from Fairview access during construction of the apartment complex. 5. No occupancy permits shall be issued within the apartment portion ofthe development until a final plat has been recorded for the entire Fairview Lakes development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 6. Action shall be taken to ensure that the ponds (water features) within the project do not become stagnant and that the water is circulated by either natural or mechanical means. 7. Applicant shall provide written approval, prior to applying for building permits, from the Meridian Fire Department and Ada County Highway District for the location and design of any turnaround facilities. Verify easement for all drains and ditches and provide letters from appropriate irrigation districts ten (10) days prior to City Council public hearing. 8. Provide ten (10) copies of detailed topographic contours and profiles of all pathways to the City Clerk. Pathways shall be built a minimum of five (5) feet from the top of bank and no on the down-slope. 9. Signage is not approved as submitted on the revised site plan; full details of all proposed signage shall be submitted as part of a planned sign program. 10. Mitigation is required for any existing trees that are proposed to be removed. II. All pedestrian walkways within the development shall be a minimum of five (5) feet wide. 12. Coordinate pathway improvements and timing with Parks & Recreation Director. Pathway is to be provided to and through property, from the southeast corner to northwest corner of the property. The segment of pathway that lies within the apartment complex property shall be completed prior to issuance of a Certificate of Occupancy for any building within the complex. 13. Interior parking lot landscaping shown within the apartment complex shall be installed in accordance with the MCC 12-13 (Landscape Ordinance). All landscape planters within parking areas shall be a minimum of 50 square feet. 14. The applicant shall submit a dust mitigation plan for review and approval by the City of Meridian prior to construction of the apartment project and subsequent commercial development. Best management practices are to be followed during the construction of the project. 15. Developer shall provide a fence on the north, east, and west borders of the apartment complex site. The fence shall be cedar, six feet in height, with metal posts. 16. The developer has agreed to and shall be required to do the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 a. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. b. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. c. Applicant shall be required to provide a five foot buffer between the nine parking spaces to the south of Building A and the foot path. General Requirements: 1. Tile any existing irrigation/drainage ditches crossing the property to be included in this project per City Ordinance (excluding Jackson Drain and possibly Settler's Canal). Show ditches to be piped on the site plans. Submit written confirmation of plan approval by the appropriate irrigation/.drainage district to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Provide off-street parking in accordance with City of Meridian Zoning and Development Ordinance. 4. Pave and stripe all parking areas in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must bOl designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters 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. 6. Design and place outside lighting so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C and 12- 5-2M. 7. Provide signage in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 8. Provide five foot wide sidewalks in accordance with City Ordinance (Ord. 12-5- 2.K). 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. Assessment fees for water and sewer service shall be determined during the building plan review process. 11. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). Adopt the Recommendations ofthe ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. Ifthe sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. 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 commerciallindustrial roadway that extends north into the site. 4. Construct a commerciallindustrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. 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 commerciallindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commerciallindustrial roadway a minimum of 50 feet north ofFairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commerciallindustrial roadway approximately 195 feet north ofFairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commerciallindustrial roadway approximately 345 feet north ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commerciallindustrial roadway that extends north from Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commerciallindustrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the commerciallindustrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north of the commerciallindustrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commerciall industrial roadway that runs east and west and is proposed to be located approximately 160 feet east ofthe commerciallindustrial roadway that extends from Fairview Avenue to the north, as proposed. 14. 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. 15. 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. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commerciall industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: I. Provide a fIre flow as required by the 1997 UFC Appendix ill-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnaround for any street which exceeds 150' in length as a result ofthe phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fIre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is be borne by the developer. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: I. A Land Use Change/Site Application shall be filed for the Conditional Use Permit. The developer needs to contact Ms. Donna Moore, Asst. Secretary-Treasurer at 466-7861 for the Land Use Change/Site Application. Adopt the recommendations of Meridiau Parks and Recreation as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 21 I. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue shall be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side ofthe apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off ofFairview into the project to be approved as a private street by Council, until such time as the area is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October I, 2002. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe 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. By action of the City Council at its regular meeting held on the /)"p day of (}c.l1J~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /O-/-cJ2- . MOTION: ~ APPROVE . DISAPPROVED: ,\\\\\lIIIJII1I11 " _C: Uf:h.'I, Copy served upon Applicant, Planning and Zoning Department, Public Works "",~~ VI '''~Qt',,'l . ~d ~'l Departmen and the City Attorney. ! ~Ql\POR.qI'<,: % :: ~- <:> -:;. By: Dated: 10-2-02.-$ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 City Clerk ZolWorklMlMeridianlMeridian 15360MIFAIRVlEW LAKES AZ02-011 CUP02-014IFfCIsCUP02-014.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24