Fairview Lakes - MDA H-2016-0044CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0044 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Existing Development Agreement for
Fairview Lakes, by Grace at Fairview Lakes.
Case No(s). H-2016-0044
For the City Council Hearing Date of: May 24, 2016 (Findings on June 7, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 24, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 24, 2016, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0044 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a modification to the development agreement is hereby approved
per the conditions of approval in the Staff Report for the hearing date of May 24, 2016,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting the modification (UDC 11-5B-3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-5B-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application 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 May 24, 2016
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the day of
-31AYAe— , 2016.
G
Tammy erd
Mayor Cit of Meridian
Attest: O4pORATLIJ) sT
Jacyn— els S
City Clerk
Copy served upon the Applicant, Planning Division, Public Works Department, and City
Attorney.
By: C� - - _ Dated: �D �I � It,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR FALCONERS PLACE SUBDIVISION (H-2016-0049)
Page 3 of 3
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 1
STAFF REPORT
HEARING DATE: May 24, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Fairview Lakes – MDA H-2016-0044
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Grace at Fairview Lakes, requests a modification to the existing development agreement
(MDA) to change the use on the northern portion of the site from apartments to an assisted living and
memory care facility. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
The Meridian City Council heard these items on May 24, 2016. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Doug Tamura
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Doug Tamura (in agreement with staff report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0044 as
presented in the staff report for the hearing date of May 24, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0044 as presented during
the hearing on May 24, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0044 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is generally located on the north side of E. Fairview Avenue, midway between N. Meridian
Road and N. Locust Grove Road, in the south ½ of Section 6, Township 3N., Range 1E.
B. Owners:
Doug Tamura
1124 Santa Maria Drive
Boise, ID 83712
C. Applicant:
Grace at Fairview Lakes
1960 N. Lakes Place
Meridian, ID 83642
D. Representative:
Same as Applicant/Owner
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 2 and 16, 2016
C. Radius notices mailed to properties within 300 feet on: April 28, 2016
D. Applicant posted notice on site by: May 14, 2016
VI. LAND USE
A. Existing Land Use(s): This property is mostly developed with a mix of uses consisting of an assisted
living/memory care facility, offices, retail stores, restaurants, flex space, banks, etc.; the reminder of the
site is yet to develop with commercial uses.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single-family residential properties, zoned R-8
West: Single-family residential properties, zoned R-8
South: E. Fairview Avenue and commercial properties (fuel facility/carwash, vehicle sales), zoned C-G
financial institution, zoned C2 in Ada County.
East: Single-family residential properties, zoned R-8; carwash, zoned C-G
C. History of Previous Actions:
In 2002, this property was annexed and zoned (AZ-02-011) with a development agreement (DA)
(Inst. 102143306).
In 2003, the DA was amended (Inst. 103097614) (MI-03-003) to remove the requirement for traffic
bollards to be placed at the south end of Teare Avenue.
VII. ANALYSIS
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 3
A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the
existing development agreement (DA) approved with the annexation and planned development for this
property.
The applicant proposes to modify Section 4, Uses Permitted by this Agreement, of the DA (Instrument
No. 102143306) to reflect the uses and zoning that have subsequently been approved on the site; and
the legal descriptions in Exhibit A to reflect the boundaries of the current zoning districts. Staff also
recommends the second paragraph in Section 4.1 is amended to include updated Comprehensive Plan
information. See proposed changes in Exhibit A.2 shown in strike-out/underline format.
The existing DA states that the northern 9.10 acres of the Fairview Lakes site, which was zoned R-40 at
the time, was approved to develop with a 192-unit apartment complex and that no changes in the uses
specified in the agreement should be approved without modification of the agreement. When the use of
the northern portion of this site was changed from an apartment complex to an assisted living/alzheimer
facility in 2004 (CUP-04-037 & CUP-04-049), and later modified in 2005 (CUP-05-055) to allow a
congregate care facility in place of the individual studio units, the development agreement should have
been modified accordingly but wasn’t.
Recently, a modification (H-2016-0013) to CUP-04-037 was approved to allow the development of
assisted living units rather than a congregate care facility as previously approved. It was discovered at
that time that the DA had never been amended to allow the residential care facility uses; therefore, a
conditional of approval was included that requires the applicant to apply for a modification to the DA to
update the agreement. The proposed amendment will clean-up the terms of the agreement and the
boundaries of the zoning districts included in the agreement.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Change to the Development Agreement
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 4
Exhibit A.1: Vicinity/Zoning Map
C-C
C-C
L-OC-C
C-C
O-T
R-40
C-N
L-O
R-15
R-15
RUT
C-C
R-8
L-O
R1
R-4
R1
C-C
L-O
L-O
RUT
O-T
C2
C-G
R1
R-15
R-15
C2
R-15
R1M
C-G
R-40
R-40
R1
M2
L-O
R-40
L-OR-8L-OC-CL-OC-NC-N
L-O
L-O
R-8
R-4
L-O
R-4
L-O
R-40
C2
I-L
R-2
R1
R1
R-2
RUT
R-15
L-OO-T
O-T
O-T
O-T
R-15
L-O
R-15
L-O
L-O
RUT
R-15
R-40
L-O
O-T
R1
L-O
R-4
R6
O-T
RUT
C-G
R-8
C-G
L-O
R-15
R-8 I-L
RUTR-8
R-8 R-8
RUT
C-C
R-8
R-4
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EXHIBIT A
Fairview Lakes – MDA H-2016-0044 5
Exhibit A.2: Proposed Changes to the Development Agreement
Pages 3-4
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under “City’s”
Zoning Ordinance codified at Meridian City Code Section 11-7-2 (F, H, K) which are herein
specified as follows:
Construction and development of the 24.829 acres as follows:
The northernmost 9.10 4.63 acres as R-4015; the 4.13 acres as R-40; the 1.74 acres as C-N,
and the remaining 13.79 acres, adjacent to Fairview Avenue as C-G, with the intent to develop
and construct a 19287-unit apartment complex assisted living facility and a 30 unit memory
care unit for the proposed northern 9.10 4.63 acres. The 4.13 acres zoned R-40 will be used to
build and construct a professional office park. The applicant proposes that the southern
portion be developed as a commercial building site, including a fast-food establishment, two
banks, three commercial buildings, and an office building.
Development shall be consistent with the Meridian Comprehensive Plan Generalized Future
Land Use Map which designates the property as Existing Urban Mixed Use - Community, and
go through the planned development process and as conditional uses.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 6
Replace the R-40 Legal Description in Exhibit A of the Existing Development Agreement with the
Following Legal Descriptions for the R-15 and R-40 Districts (the Legal Descriptions for the C-N and C-
G districts are not proposed to be modified):
EXHIBIT A
Fairview Lakes – MDA H-2016-0044 7