Sparrowhawk Sub MI 04-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 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
SPARROWHARD SUBDIVISION,
LOCATED ON THE NORTHEAST
CORNER OF FRANKLIN ROAD
AND NOLA ROAD, WITHIN
SECTION 8, TOWNSHIP 3 NORTH,
RANGE 1 EAST, MERH)IAN,
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 from 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
SPARROWHAWK SUBDIVISION FOR MI-04-003
PAGE 1 OF 9
of the Planning and Zoning Commission, makes the following:
FINDINGS OF FACT
The subject property is located on the northeast corner of Franklin Road and Nola
Road, within Section 8, Township 3 North, Range 1 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.
Applicant is David Waldron whose address is 100 9~' 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 (Span•owhawk Subdivision). Item 15 on page 10 states:
"CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no
Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner"/"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-O1-023.
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
SPARROWHAWK 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 and/or 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 designafion and/or
amendment in force at the time of the proposed amendment."
The City has sent out notices of the 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 1) 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 of the approved
Findings of Fact and Conclusions of Law and Decision and Order for CUP-02-011 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 Apri16, 2004, the City
Council approved CUP-03-066, 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 FOR AZ-00-024 FOR
SPARROWHAWK 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 (from the date the City Engineer signs the
final plat). The applicant is/was requesting deferral of the 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 1, Block 1, 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-00-026)
and Condition 5 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for
CUP-02-001, 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 of fencing 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
SPARROWHAWK 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-03-043) 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 fencine alone the
north roropertv line, and landscaroine adiacent to Franklin Road and Nola Road. the
"Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the "City" and "Owner"/"Developer" have
entered into an addendum agreement stating when the improvements will be
completed in ., pl:c.,ca.. ac:°c:c~~; ,.:.~ .....:.; .::t, : c C~ `~::o~«,. ,.r.,
~~ -or o~~RPm=oJ.
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" ' on the "Proroert
"Owner"/"Developer" agrees that perimeter fencine for each phase of the
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND Tl'EM 15 ON
PAGE 10 OF THE RECORDED DA FOR AZ-00-024 FOR
SPARROWFIAWK SUBDIVISION FOR MI-04-003
PAGE 5 OF 9
development on the "Property" shall be installed prior to obtainine Certificate(s) of
Occu anc within said hase. The "Owner"/"Develo er" ma defer construction
of the landscape buffer adiacent to Franklin Road and Nola Road for a maximum
of 18 months from the City Engineer's sienature of the final plat. If after 18
months the landscape improvements have not been constructed the "City" shall
not issue any buildine permits or issue Certificates of Occupancy for any structure
on the "Property" until the required improvements have been installed completed
and accented by the "City."
9. The applicant shall also comply with ACHD report of conditions dated Apri15,
2004.
CONCLUSIONS OF LAW
Approval of this request to amend item 15 on page 10 of the 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 April 5, 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
The applicant is hereby granted to amend item 15 on page 10 of the 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
SPARROWHAWK SUBDIVISION FOR MI-04-003
PAGE 6 OF 9
ACHD report of conditions dated April 5, 2004.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 maybe 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 ~~~ day of
~>'Y Z , 2004.
By:
Tammy de W~/~
Mayor, City o~'1Vleridian
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
SPARROWHAWK SUBDIVISION FOR MI-04-003
PAGE 7 OF 9
Attest:
BY' ~ ~
William G. Berg, Jr., City
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Copy served upon Applicant, the Planning
and City Attorney.
By~~_,~
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City Clerk ~ ~-
ROLL CALL
COUNCILMAN WARDLE
COUNCILMAN NARY
COUNCILMAN ROUNTREE
COUNCILMAN BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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
SPARROWHAWK SUBDIVISION FOR MI-04-003
PAGE 8 OF 9
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City Clerk
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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
SPARROWHAWK SUBDIVISION FOR MI-04-003
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