Fairview Lakes MCU-14-002CITY OF MERIDIAN E IDIAN�---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION &ORDER
In the Matter of the Request for a Modification to the Conditional Use Permit/Planned
Development for Fairview Lakes, Located on the North Side of E. Fairview Avenue, Approximately
1/3 of a Mile West of N. Locust Grove Road in the R-15, R-40, C -N, and C -G Zoning Districts, by
Fairview Lakes, LLC.
Case No(s). MCU -14-002
For the Planning & Zoning Commission Hearing Date of. July 17, 2014 (Findings on August 7,
2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 17, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU -14-002
Page 1
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of July 17, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a modification to the conditional use permit/planned development is
hereby approved in accord with the conditions of approval in the attached staff report for the
hearing date of July 17, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits: NA
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of July 17, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU -14-002
Page 2
EXHIBIT A
E.YI17.lWa:7DI01'AI
Hearing Date: July 17, 2014
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: MCU -14-002 — Fairview Lakes
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN*--
1DAM0
The applicant, Fairview Lakes, LLC, has applied for a modification to the conditional use
permit/planned development (CUP -02-014) to remove the requirement for detailed conditional use
permit approval on the remainder of the undeveloped site; and the removal of the requirement for a
water feature to be provided as an amenity on Lot 4, Block 3. See Section LV Analysis for more
information.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and ZoninLy Commission heard this item on July 17, 2014. At the public
hearing, the Commission moved to approve the subject MCU request.
a. Summary of Commission Public Hearing:
i. In favor: Doug Tamura
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
L The comparability of the required site amenity vs. the replacement amenity proposed by
the applicant.
K. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MCU -14-
002 as presented in the staff report for the hearing date of July 17, 2014, with the following
modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of
Fact and Conclusions of Law & Order for the hearing date of August 7, 2014.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number MCU -14-002
as presented during the hearing on July 17, 2014, for the following reasons: (You should state specific
reasons for denial and what the applicant could do to gain your approval with another application.)
Fairview Lakes MCU -14-002 PAGE 1
EXHIBIT A
Continuance
I move to continue File Number MCU -14-002 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the north side of E. Fairview Avenue, approximately 1/3 of a
mile west of N. Locust Grove Road, in the south '/z of Section 6, Township 3 North, Range 1 East
B. Owner(s):
Fairview Lakes, LLC
1124 Santa Maria Drive
Boise, ID 83712
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit modification. A public hearing is required
before the Planning & Zoning Commission on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: June 30, and July 14, 2014
C. Radius notices mailed to properties within 300 feet on: June 25, 2014
D. Applicant posted notice on site by: July 7, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is developed with a mix of uses including an assisted
living facility, retail, financial institutions, public/quasi-public (DMV), restaurant and office uses,
zoned R-15, R-40, C -N, and C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: There are residential
properties to the north and east of the subject property, zoned R-8; and commercial uses to the
west and southwest, zoned C -G.
C. History of Previous Actions:
CUP -02-014 — A conditional use permit/planned development was approved in 2002 for an
apartment complex, clubhouse, commercial & office uses. Conceptual approval of the
commercial portion of the development was granted contingent upon future development
obtaining detailed approval prior to construction.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
Fairview Lakes MCU -14-002 PAGE 2
EXHIBIT A
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN
This property is designated Mixed Use - Community (MU -C) on the Comprehensive Plan Future
Land Use Map. The purpose of this designation is to allocate areas where community -serving uses
and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of
uses, including residential, and to avoid mainly single -use and strip commercial type buildings. Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use - Neighborhood
(MU -N) areas, but not as large as in Mixed Use — Regional areas. Goods and services in these areas
tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4
miles). Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU -C plan depicted in
Figure 3-3 of the Comprehensive Plan on page 27.
VIII. UNIFIED DEVELOPMENT CODE
The UDC (11 -5B -6G.3) requires modifications to existing conditional use permits to be considered
by the Planning and Zoning Commission at a public hearing. The Commission may modify the
conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of
subsection F in UDC 11-513-6.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The applicant requests a modification to the conditional use permit/planned development (CUP -
02 -014) approved for Fairview Lakes in 2002 to remove the requirement for detailed conditional
use permit approval on the remainder of the undeveloped site; and the removal of the requirement
for a water feature to be provided as an amenity on Lot 4, Block 3. The reason for the removal of
the water feature is the applicant feels it would be a liability and danger to have a pond/waterfall
next to a daycare facility. A daycare facility is currently in the approval process adjacent to retail
building #3 where the amenity is required to be provided. The applicant is proposing a seating
area with two benches as an alternative to the water feature.
The City Code in effect in 2002 required conceptual and detailed plans for planned developments
to be approved through the conditional use permit process at a public hearing. The current code
(UDC) only requires detailed plans to be approved with the Certificate of Zoning Compliance and
Design Review applications unless a conditional use permit is otherwise required for the use.
Also, the site is almost fully developed except for pad sites; only the property at the northeast
corner of the site and at the southeast corner of the site is left to develop. A portion of the
property at the northeast corner of the site is currently in the development process. For these
reasons, staff is supportive of the applicant's request to remove the CUP requirement for future
development on this site.
The City Code in effect in 2002 required two or more amenities to be provided as part of each
planned development. A segment of the City's 10 -foot wide multi -use pathway system and 4
ponds/water features were proposed as amenities. The pathway has been constructed through the
site and 3 water features have been provided (two at the main entry at N. Lakes Place and E.
Fairview Avenue and one in the middle of N. Lakes Place north of the intersection. The final
Fairview Lakes MCU -14-002 PAGE 3
EXHIBIT A
water feature was to be a rock waterfall and pond roughly twice the size of the waterfall near
Smoky Mountain Pizza that would include a seating area and function as a gathering place in
front of retail building #3 (as shown in Exhibit A.2) on the eastern portion of the development as
approved with CUP -06-032.
Because of the magnitude of this amenity, staff is not comfortable recommending approval of the
removal of this amenity with only two benches as a replacement amenity; therefore, staff
recommends the applicant provide a gathering place with seating, landscaping, and an
architectural feature such as arbors, a pergola, or something comparable, in front of retail building
#3 in the area shown on the site plan in Exhibit A.2 as an alternative to providing the waterfall
and pond with a seating area.
Staff recommends approval of the modifications to the CUP with the conditions listed in Exhibit
B as discussed above.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Fairview Lakes MCU -14-002 PAGE 4
Exhibit A.2: Site Plan
E. CAROI ST. S t
EXHIBIT A
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Fairview Lakes MCU -14-002 PAGE 6
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site.
1.2 The applicant shall provide a seating area with landscaping and an architectural feature such as
arbors, a pergola, or something comparable, in front of retail building #3 in the area shown on the
site plan in Exhibit A.2.
1.3 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.4 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to this application
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Fairview Lakes MCU -14-002 PAGE 7
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11 -5B -6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate existing and
future uses and the dimensional & development regulations of the applicable districts (see
Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the existing and planned use of the property is consistent and
harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of
Commercial for this site.
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.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the existing and future development should be compatible with other residential and
commercial uses in the general neighborhood and should not adversely change the character
of the 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.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the existing and future uses on the site will not adversely affect other property in the
area.
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, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently provided to the subject property. The Commission finds that the proposed use will
be served adequately by all of the public facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and nor
will they be detrimental to the community's economic welfare.
Fairview Lakes MCU -14-002 PAGE 8
EXHIBIT A
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, fumes, glare or odors.
The Commission finds the existing and planned use of the site will not be detrimental to any
persons, property or the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Fairview Lakes MCU -14-002 PAGE 8