HomeMy WebLinkAboutDevon Park No.1&2 CUP 03-054interoffice
MEMORANDUM
To: William G. Berg, Jr.
From: William F. Nichols
RECEIVED
JAN' 2 2 2004
Subject: BY: HOPKINS FINANCIAL SERVICES, INC. FOR CONDITIONAL USE
PERMIT TO MODIFIY PLANNED DEVELOPMENT FOR DEVON PARK
SUBDIVISION NO. 1 & 2
File No.: CUP -03-054
Date: January l6, 2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
2:\ Work\M\Meridian\Mendian 15360M\Devon Palk Sub No. 1& 2 CUP-03-054\01(im'CUP ITc Is&Order 01 16 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT TO MODIFY
COMMERCIAL TO INCLUDE
FOUR PADS, 25,000 S.F. RETAIL &
PHASE 2 OF OFFICE COMPLEX 1N
C -N AND R-40 ZONES, LOCATED
ON THE NORTH SIDE OF
FAIRVIEW APPROXIMATELY A V2
ANILE WEST OF LOCUST GROVE
ROAD, MERIDIAN, IDAHO
HOPKINS FINANCIAL SERVICES,
INC.,
APPLICANT
CIC 01/7 3/04
Case No. CUP -03-054
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
COU116I on January 13, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, and Doug Tamura, appeared and testified, and the City Council havim, duly
considered the evidence and the record in this matter and the Recommendations to City CoLmel l
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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 16
FINDINGS OF FACT
A notice of a public hearing on the conditional use penn,it was published for two
(2) consecutive weeks prior to the said public hearing scheduled for January 13, 2004, 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') of the 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 January 13, 2004 public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planningjurisdiction 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 C -G, R-40 and C -N zones, 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 of Fairview approximately a V2 mile west
of Locust Grove Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 16
The owner of record of the subject property is Fairview Lakes, LLC, and they
have submitted an affidavit of legal interest to allow the submittal for the planned development.
6. Applicant is Hopkins Financial Services, Inc.
7. The subject property is currently zoned C -G, R-40 and C -N. Said zoning districts
are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for nodi Gcation of an
existing Planned Development (Fairview Lakes) in three zones. Modification of a CUP
application in the City of Meridian Zoning and Development Ordinance requires a Conditional
Use Permit be obtained. (Meridian City Zoning and Development Ordinance, Section 1 1-8-1).
Plan.
9. The proposed application is in compliance with the Meridian Comprehensive
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Cormcil takes judicial notice of its Zoning. Subdivision and
Development Ordinances codified at Titles I I and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 16
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements ofthepreviously approved Development
Agreement, Preliminary Plat, Final Plats and CUP/PD, unless modified below, as a
condition of the modified conceptual approval for this PD.
This approval is only conceptual, pursuant to MCC I2 -6-7B. Therefore, each future
phase of Fairview Lakes/Devon Park 1& 1I, excepting exclusively residential phases,
will require a detailed Conditional Use Permit prior to construction.
3. At the time of detailed CUP applications being submitted for uses adjacent to
existing single family residential, all buffers between land uses shall be provided per
MCC 12-13-12, except that the buffer along the west boundary adjacent to the mobile
[ionic park may be 20 feet wide. Additional trees (beyond the 1 :35 feet ratio) shall be
provided adjacent to the proposed 25,000 s.f retail buildin-.
Per Finding B.2, the applicant shall review the commercial/retail portion of the Site
Plan east of N. Lakes Avenue for any potential areas to provide common, usable
areas and/or re -orient the buildings to create a pedestrian -oriented feature for the
development. No more than 50% of the proposed building area (or 36,300 sq. ft.) in
the area east of N. Lakes Avenue and south of E. Carol Street shall be approved for
detailed conditional use permits until a revised concept is submitted to the City
demonstrating how this common area will be provided.
Per Finding A and MCC 12-6-2.A, the applicant shalt provide at least two amenities
within the boundaries of this development. If open space is to be one of the
amenities, landscaped areas of at least ten percent (10%) of the gross area of the
development, exclusive of required buffers, shall be provided.
6. The applicant shall comply with the condition of Sanitary Service Cornpanyto allow
a minimum of 60 feet drive on clearance to all waste receptacles.
The 23 -foot wide driveway aisles shown on Lots 1 and 2, Block 1, are not approved
and shall comply with MCC 11-13-4.F.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
Commercial occupancies will require a fire -flow consistent with the Uniform Fire Code to
service the proposed project. Fire hydrants shall be placed an average of 400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 16
2. 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
home by the developer.
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
6. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. The typical street width of 33' will be allowed to have
parking on both sides. The typical street with a minimum width of 29' wil l be required to have
restricted parking to only one side.
7. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
C. Adopt the Recommendations of Central District Health Department (CDHD) as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division ofEnvironmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. This development (plat) has not yet been approved by CDHD.
D. Adopt the Recommendations of Ada County Highway District as follows:
On July 10, 2002, the ACHD Commissioners acted on MAZ02-01 I/MCUP02-
014'MPP02-34/MPP03-006/Devon Park #1 and #2 (Fairview Lakes). The conditions
and requirements also apply to MCUP03-054.
E. Adopt the Recommendations of Sanitary Service Company as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 16
1. The waste enclosure sizes appear adequate, but access is not. Retail #2 and 93
could generate 6 to 10 yards of waste per day, allow a minimum of 60' drive on
clearance to the waste receptacles.
Adopt the action of the City Council taken at their January 13, 2004 meeting as follows:
1. The site plan submitted dated November 20, 2003 is hereby approved as submitted.
13. It is found that the subject property is large enough to accommodate the requested
use and all other required features. It appears that some of the required parking stalls for the
office lots are not located entirely on the same lot as the building pads. However, this issue can
be addressed through the platting and detailed CUP processes. The required amenities — a public,
multi -use pathway and passive open space — are contained within the boundaries of both this
conceptual PD as well as the apartment complex at the north end of the property. It is unclear if
the open space meets the minimum area required to count as an amenity ( LO°% of die gross area).
Open space used as an amenity is calculated exclusive of required street buffers and buffers
between land uses. The applicant shall confirm the open space acreage/square footage at the
public hearing. (See Site Specific condition #5.)
14. The current Comprehensive Plan Land Use Map designates the property as "Mixed
Use Community". The Comprehensive Plan text policies of Chapter VI, including the requirement
for all development to proceed through a CUP, a mix of uses, and providing intercorunectivity, are
all met with this plan. It is found that the proposed reduction in commercial/retail space and the
additional office uses remain harmonious with and in accordance with the Comprehensive Plan.
15. It is found that the proposed uses and site configuration will be compatible tiN th
the general neighborhood.
16. It is not anticipated that the revised project will have an adverse impact on other
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 16
properties within the vicinity.
17. It is found that the revised development plans will be adequately served by the
essential public facilities and services. The applicant has already received approval for these
services as part of previous applications.
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 that would be considered excessive.
19. It is found that there will similar levels of traffic and noise in the general vicinity
of the revised project when compared to the original project. It is further found that approval of
the revised project will not lead to a major increase in smoke, fumes, glare, odors or other
disturbances that will be considered detrimental to the welfare of the City and the subdivision's
neighbors.
20. It is found that the proposed use and vehicular approaches will not create
significant interference with any traffic on the Surrounding public streets. A traffic signal has
been approved for the intersection of N. Lakes Avenue and E. Fairview Avenue, which should
enhance the movement and circulation of traffic in this area. Review of the ACND report for this
project will provide additional information.
21. 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 by issuance of this
conditional use. The Jackson Drain in Devon Park No. 2 is being left open as an amenity of the
development. Existing trees greater than 4' caliper trees must be retained or mitigated for, if
removed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 16
CONCLUSIONS OF LAW
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 (I.C. §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
and Development Ordinance" at Titles X1 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 of the ordinance but allowed with conditions
under the specific provisions of the 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 § I 1-17-3)
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 16
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 of the same area;
d. That the proposed use, if it 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 higbways, 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 of the 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 of traffic, noise, smoke, f rtes, glare or odors;
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 Mixed Use Community (C -G, R-
40 and C -N), 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') of the 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 of the 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."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 16
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)
When the City Council approves a conditional use permit it may impose
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
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 16
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
modification of an existing Planned Development (Fairview Lakes) in three zones for Devon
Park Subdivision No. 1 and 2 located on the north side of Fairview approximately a Yz mile west
of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and
development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the previously approved Development
Agreement, Preliminary Plat, Final Plats and CUP/PD, unless modi Pied below, as a condition
of the modified conceptual approval for this PD.
2. This approval is only conceptual, pursuant to MCC 12-6-713. Therefore, each future
phase of Fairview Lakes/Devon Park I & 11, excepting exclusively residential phases, will
require a detailed Conditional Use Permit prior to construction.
3. At the time of detailed CUP applications being submitted fetuses adjacent to existing
single family residential, all buffers between land uses shallbeprovided perMCC 12-13-12,
except that the buffer along the west boundary adjacent to the mobile home park may be 20
feet wide. Additional trees (beyond the 1:35 feet ratio) shall be provided adjacent to the
proposed 25,000 s.f. retail building.
4. Per Finding 13.2, the applicant shall review the commercial/retaiI portion of the Site
Plan east ofN. Lakes Avenue for anypotential areas to provide common, usable areas and/or
re -orient the buildings to create a pedestrian -oriented feature for the development. No more
than 50% of the proposed building area (or 36,300 sq. ft.) in the area cast of N. Lakes
Avenue and south of E. Carol Street shall be approved for detailed conditional use permits
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 16
until a revised concept is submitted to the City demonstrating how this common area wi 11 be
provided.
5. Per Finding A and MCC 12-6-2.A, the applicant shall provide at least two amenities
within the boundaries of this development. If open space is to be one of the amenities,
landscaped areas of at least ten percent (10%) of the gross area of the development, exclusive
of required buffers, shall be provided.
6. The applicant shall comply with the condition of Sanitary Service Company to allow
a minimum of 60 feet drive on clearance to all waste receptacles.
7. The 23 -foot wide driveway aisles shown on Lots 1 and 2, Block 1, are not approved
and shall comply with MCC 11-13-4.F.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
Commercial occupancies will require a fire -flow consistent with the Uniform Fire Code
to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
2. 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.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
6. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. The typical street width of 33' will be allowed to
have parking on both sides. The typical street with a minimum width of 29' will be
required to have restricted parking to only one side.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
C. Adopt the Recommendations of Central District Health Department (CDHD) as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 16
I . This proposal can be approved for central sewage & central water after written.
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submil'ted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. This development (plat) has not yet been approved by CDHD.
D. Adopt the Recommendations of Ada County Highway District as follows:
On July 10, 2002, the ACHD Commissioners acted on MAZ02-01 'UMCUP02-
014/MPP02-34/MPP03-006/Devon Park #1 and #2 (Fairview Lakes). The conditions
and requirements also apply to MCUP03-054.
E. Adopt the Recommendations of Sanitary Service Company as follows:
The waste enclosure sizes appear adequate, but access is not. Retail 42 and #3
could generate 6 to 10 yards of waste per day, allow a minimum of 60' drive on
clearance to the waste receptacles.
F. Adopt the action of the City Council taken at their January 13, 2004 meeting as follows:
1. The site plan submitted dated November 20, 2003 is hereby approved as
submitted.
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
PAGE 13 OF 16
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. 'Flic applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year fiom the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.13.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 16
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be tiled 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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code.
%� By action of the City Council at its regular meeting held on the 2 G 11day of
CTX4t� , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED
VOTED
V OTED_/6--
VOTED706A�
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED—
DATED:—
MOTION:
OTEDDATED:_MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 16
Ia
a Y e Weerd
OF
Attest:
SEAL
William G. Berg, Jr., City erk
'�`�'„+'Ota
Copy served upon Applicant, Planning and Zoning oDepartment, Public Works
Department and the City Attorney.
WBy: ,
City Cleric
Dated: 1-27-04-
Z
—Z7—
Z?WorldM\MeridianAMeridian 15360WDevon Park Sub No. 1 8-'2 CUP-03-054TfCIsCUP03-054.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 16
SEAL
v
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT TO MODIFY
COMMERICAL TO INCLUDE
FOUR PADS, 25,000 S.F. RETAIL &
PHASE 2 OF OFFICE COMPLEX IN
C -N, AND R-40 ZONES, LOCATED
ON THE NORTH SIDE OF
FAIRVIEW APPROXIMATELY A
MILE WEST OF LOCUST GROVE
RAOD, MERIDIAN, IDAHO
HOPKINS FINANCIAL SERVICES,
INC,
APPLICANT
CIC 01/13/04
Case No. CUP -03-054
ORDER GRANTING
CONDITIONAL USE PERMIT
This matter coming before the City Council on January 13, 2004, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
That the above named applicant is granted a conditional use permit for
modification of an existing Planned Development (Fairview Lakes) in three zones for Devon
Park Subdivision No. 1 and 2 located on the north side of Fairview approximately a '/z mile west
ORDER CONDITIONAL USE PERMIT
(CUP -03-054)
PAGE 1 OF 6
of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and
development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the previously approved Development
Agreement, Preliminary Plat, Final Plats and CUP/PD, unless modified below, as a
condition of the modified conceptual approval for this PD.
This approval is only conceptual, pursuant to MCC12-6-7B. Therefore, each future
phase of Fairview Lakes/DevonPark 1 & 11, excepting exclusively residential phases,
will require a detailed Conditional Use Permit prior to construction.
3. At the time of detailed CUP applications being submitted for uses adjacent to
existing single family residential, all buffers between land uses shall be provided per
MCC 12-13-12, except that the buffer along the west boundary adjacent to the mobile
home park maybe 20 feet wide. Additional trees (beyond the 1:35 feet ratio) shall be
provided adjacent to the proposed 25,000 s.f. retail building.
4. Per Finding B.2, the applicant shall review the commercial/retail portion of the Site
Plan east of N. Lakes Avenue for any potential areas to provide common, usable
areas and/or re -orient the buildings to create a pedestrian -oriented feature for the
development. No more than 50% of the proposed building area (or 36,300 sq. ft.) in
the area east of N. Lakes Avenue and south of E. Carol Street shall be approved for
detailed conditional use permits until a revised concept is submitted to the City
demonstrating how this common area will be provided.
5. Per Finding A and MCC 12-6-2.A, the applicant shall provide at least two amenilies
within the boundaries of this development. If open space is to be one of the
amenities, landscaped areas of at least ten percent (10%) of the gross area of the
development, exclusive of required buffers, shall be provided.
6. The applicant shall comply with the condition of Sanitary Service Company to allow
a minimum of 60 feet drive on clearance to all waste receptacles.
The 23 -foot wide driveway aisles shown on Lots 1 and 2, Block 1, are not approved
and shall comply with MCC 11-13-4.F.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
ORDER CONDITIONAL USE PERMIT
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Commercial occupancies will require a fire -flow consistent with the Uniform Fire Code to
service the proposed project. Fire hydrants shall be placed an average of400' apart.
2. 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
bome by the developer.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
6. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. The typical street width of 33' will be allowed to have
parking on both sides. The typical street with a mininwm width of 29' wi 11 be required to have
restricted parking to only one side.
7. Operational fire hydrants and temporary or permanent street signs are required before combustible
construction begins.
C. Adopt the Recommendations of Central District Health Department (CDHD) as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. This development (plat) has not yet been approved by CDHD.
D. Adopt the Recommendations of Ada County Highway District as follows:
On July 10, 2002, the ACHD Commissioners acted on MAZ02-01 l /MCUP02-
014/MPP02-34/MPP03-006/Devon Park #1 and #2 (Fairview Lakes). The conditions
and requirements also apply to MCUP03-054.
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E. Adopt the Recommendations of Sanitary Service Company as follows:
1. The waste enclosure sizes appear adequate, but access is not. Retail #2 and #3
could generate 6 to 10 yards of waste per day, allow a minimum of 60' drive on
clearance to the waste receptacles.
F. Adopt the action of the City Council taken at their January 13, 2004 meeting as follows:
1. The site plan submitted dated November 20, 2003 is hereby approved as submitted.
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. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
ORDER CONDITIONAL USE PERMIT
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conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.13.) 1-17-4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
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 pen -nit approval may within twenty-eight (28) days after the date of this decision.
ORDER CONDITIONAL USE PERMIT
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and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
12004.
Copy served upon Applicant, the Planning
and City Attorney.
By: Dated:
City Clerk
Z 7'- day of
Mayor City of Meridian
Department, Public Works Department
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