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HomeMy WebLinkAboutFairview Lakes CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK IN AN R-40, C-G, & C-N ZONE FAIRVIEW LAKES, LLC, Applicant ) ) ) ) ) ) Case No. CUP-03-014 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 824 E. Fairview Avenue, Meridian. 2. The owner of record of the subject property is Fairview Lakes, LLC, 111 Auto Drive, Boise, Idaho 83709. 3. Applicant is same as owner. 4. The subject property is currently zoned R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business). The zoning districts of R-40, C-G, and C-N are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a reduction of approved 192 unit apartment complex to 96 units & allowing a 55,000 s.f. office park in an R-40, C-G, & C-N zone. The requested modifications to the original Conditional Use Permit within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for those uses requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognize that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Conditional Use Permit modifications are for the apartment complex changes and the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat and Conditional Use Permit, unless modified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision at least ten days prior to City Council meeting: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. 6. The revised concept development plan, Sheet SD5.0, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 3 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500’ of the project on the resubmitted plat. 2. All entrances and internal roads shall corners with a minimum of a 28’ inside radius and 48’ outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of 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 fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20’ wide. UFC 902.2.1 7. Provide an approved turn around for any street, which exceeds 150’ in length as a result of the phasing of the project. 8. The proposed 192 unit subdivision will have an unknown transient population and will have an undetermined impact Meridian Fire Department call volumes. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 9. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 10. 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 to be borne by the developer D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: Dedicate by donation an additional 5-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 4 located a minimum of 53-feet from the centerline of the right-of-way. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 3. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the west property line, as proposed. 4. 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 commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north of Fairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 5 commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 17. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. 22. Provide a permanent “hammerhead” easement to the District at the terminus of the commercial/industrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 6 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of the center island. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS & ALLOWING A 55,000 S.F. OFFICE PARK BY FAIRVIEW LAKES, LLC – CUP-03-014 Page 7 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought.