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Home My WebLink AboutSparrowhawk Subdivision MI-04-003 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 04/21/04 IN THE MATTER OF THE REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DEVELOPMENT AGREEMENT FOR AZ-00-024 FOR SP ARROWHARD SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD, WITHIN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO CASE NO. MI-04-003 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MISCELLANEOUS APPLICATION DAVID WALDRON, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on April 13, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Clay McReynolds, appeared and testified, and no one appeared in opposition, and the City Council having received a report ITom Craig Hood of the Planning and Zoning Department, and the City Council having received as part of the record of this matter the recommendation to City Council FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 1 OF9 of the Planning and Zoning Commission, makes the following: FINDINGS OF FACT 1. The subject property is located on the northeast corner of Franklin Road and Nola Road, within Section 8, Township 3 North, Range I East, Meridian, Idaho. 2. The owner of record is Dee R. Lynn, who has provided notarized consent for David Waldron, to submit the subject application. 3. Applicant is David Waldron whose address is 100 9th St. #200, Boise, Idaho 83702. 4. The proposed application requests a modification to a development agreement for approximately 20.20 acres located on the northeast corner of Franklin Road and Nola Road. The applicant is proposing to amend item 15 on Page 10 of the recorded development agreement for AZ-00-024 (Sparrowhawk Subdivision). Item 15 on page 10 states: "CERTIFICATE OF OCCUPANCY: The "Owner"I"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"I"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City." An addendum to the original development agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings within Sparrowhawk Subdivision, prior to the installation of the perimeter fencing and landscaping adjacent to Franklin Road and Nola Road, as required with CUP-02-001, PP-00-026, and FP-OI-023. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 2 OF 9 Item 22.1 on Page 12 of the recorded development agreement for this property states: "No condition governing the uses andlor conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing( s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment." The City has sent out notices ofthe subject request in accordance with the current standards for public hearings. There are no required findings for a miscellaneous application/development agreement modification. Provided in the staff report, are what staff believes are the most pertinent facts and analysis of the proposed development agreement modification. 5. Pertaining to the Landscaping: Condition 2.10 on Page 6 of the approved Findings of Fact and Conclusions of Law and Order for PP-00-026 requires I) a minimum 35-foot wide landscape buffer to be constructed adjacent to Franklin Road, and 2) a minimum 10-foot wide landscape buffer to be constructed adjacent to Nola Road. Condition 3 on Page 5 ofthe approved Findings of Fact and Conclusions of Law and Decision and Order for CUP-02-0l1 requires perimeter landscaping for the entire subdivision to be installed prior to occupancy of any building within the subdivision, as well as all perimeter landscaping associated with the Conditional Use Permit. The current phase of the Franklin Road widening project includes modifications to the intersection of Nola Road and Franklin Road adjacent to this site. On April 6, 2004, the City Council approved CUP-O3-066, a request to modifY the previously approved Conditional Use FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FORAZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 3 OF 9 Permit (CUP-02-001) on this site. The City allowed deferral of the construction of the landscape buffer on Franklin Road for a maximum of 18 months (ITom the date the City Engineer signs the final plat). The applicant islwas requesting deferral ofthe landscape requirement adjacent to Franklin Road because the road is currently being widened abutting the site, and because the applicant would like to do site excavation that could damage landscaping if it is installed prior to completion. Another reason that the applicant would like to defer the construction of the landscape improvements is that the apartment buildings on Lot I, Block I, Sparrowhawk Subdivision, are currently under construction. It is anticipated that the construction of the apartment units will be complete prior to the completion of the Franklin Road project abutting this site. Therefore, the developer of those units would like to obtain Certificates of Occupancy prior to the completion of all the landscape requirements. (NOTE: The City is currently holding a $79,721.40 surety for the required landscaping on Franklin Road and Nola Road.) 6. Pertaining to the Fencing: Condition 2.8 on Pages 5 and 6 of the approved Findings of Fact and Conclusions of Law and Order for Sparrowhawk Subdivision (PP-00-O26) and Condition 5 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-00l, require all perimeter fencing to be installed prior to applying for building permits. Further, Condition 3 on Page 5 of the approved Findings of Fact and Conclusions of Law and Decision for CUP-02-001 require perimeter fencing along the north and east property lines to be completed prior to occupancy. The City does typically require perimeter fencing around projects prior to issuance of building permits (exclusive offencing adjacent to roadways). However, if FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 4 OF 9 developments are phased, normally the perimeter of the current phase must be fenced, not necessarily permanent fencing along the perimeter of the entire site. Therefore, as long as the required fencing is installed with each phase of the development, staff believes that the condition is met. (NOTE: The City is currently holding a surety for $29,766.00 for cedar fencing along the north and east boundary of the entire Sparrowhawk project.) 7. The proposed development agreement modification, and the recently approved (4- 6-04) applications on this site (CUP-03-066 and PP-O3-043) also modify Condition 2.8 on Pages 5 and 6 of the approved Findings of Fact and Conclusions of Law and Order for Sparrowhawk Subdivision (PP-00-026); Condition 1 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-001; Condition 5 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-001; Condition 3 on Page 5 of the approved Findings of Fact and Conclusions of Law and Decision and Order for CUP-02-011; and Condition 2.10 on Page 6 of the approved Findings of Fact and Conclusions of Law and Order for PP-00-026. 8. Item 15 on Page 10 of the recorded development agreement (instrument #101135901) for this site (AZ-00-024) shall be amended to read: "CERIFICATE OF OCCUPANCY: Except for perimeter fencing along the north propertv line. and landscaping adjacent to Franklin Road and Nola Road. the "Owner"I"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"I"Developer" have entered into an addendum agreement stating when the improvements will be completed ¡Ii a phased èevelepeà; and ¡Ii aflY C'ieHt, HO Certifieates of Oeelipaney shall Be isslied in Iffi)' phase iH ':AlleR the ilTlf're...eæeHts H¡p,'e Hst.13eeR iHstailed, eolTlf'leted, and aeeBf'ted BY the "City" on the "ProPerty". The "Owner"I"Developer" agrees that perimeter fencing for each phase of the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 5 OF 9 development on the "Property" shall be installed prior to obtaining Certificate(s) of Occupancv within said phase. The "Owner"I"Developer" mav defer construction of the landscape buffer adjacent to Franklin Road and Nola Road for a maximum of 18 months ITom the Citv Engineer's signature of the final plat. If after 18 months the landscape improvements have not been constructed. the "Citv" shall not issue anv building permits or issue Certificates of Occupancv for anv structure on the "Propertv" until the reQuired improvements have been installed. completed. and accepted bv the "Citv." 9. The applicant shall also comply with ACHD report of conditions dated AprilS, 2004. CONCLUSIONS OF LAW 1. Approval of this request to amend item 15 on page 10 ofthe recorded development agreement for AZ-00-024 for Sparrowhawk Subdivision and approval is based on the information and testimony provided at the public hearing by the applicant. The applicant shall also comply with ACHD report of conditions dated AprilS, 2004. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The applicant is hereby granted to amend item 15 on page 10 ofthe recorded development agreement for AZ-00-014 for Sparrowhawk Subdivision, based upon the information and testimony provided by the applicant. The applicant shall also comply with FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 6 OF 9 ACHD report of conditions dated AprilS, 2004. 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 this decision 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 ZÄay of ~í2 ,2004. ~~~ Tammy de W Mayor, City 0 eridian FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 7 OF 9 B~~~ I~ City Clerk Dated: Attest: ROLL CALL COUNCILMAN WARDLE COUNCILMAN NARY VOTED ~ COUNCILMAN ROUNTREE VOTED~ COUNCILMAN BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED - FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DAFOR AZ-00-O24 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 8 OF 9 BY¿/~~~ ~ City Clerk. . Dated: Z;\WorklM\MeridianlMeridian I 5360MlSparn>whawk Sub MI-G4-003IFæJsOrd MI-G4-003.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND ITEM 15 ON PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR SP ARROWHA WK SUBDIVISION FOR MI-04-003 PAGE 9 OF 9