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HomeMy WebLinkAboutFairview Lakes MI 02-008 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES, LOCA TED AT 824 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: HOPKINS FINANCIAL SERVICES, INC., APPLICANT C/C 10/01/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-008 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES The above entitled matter coming on regularly for public hearing before the City Council on October I, 2002, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark ofthe Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having received a report from David McKinnon, Planner II for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted her application for a request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes, and which application is herein received and adjudged by the City Council pursuant to Meridian FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRlV ATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - I City Code !l 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 824 East Fairview Avenue, Meridian, Idaho. 2. The applicant of the subject property is Hopkins Financial Services, Inc. whose address is III Auto Drive, Suite 105, Boise, Idaho 83709. 3. The owner of the subject property is William Curtis whose address is 2630 East Franklin Road, Meridian, Idaho 83642. 4. The location of the subject property is presently located in an RUT Ada County zone, and which subject private road will be located off of the north side of Fairview Avenue, approximately Y, mile east of Meridian Road. The submitted site plan depicts the street as North Lark Avenue. 5. The legal description of the property is on file in the City Clerk's office located at 33 East Idaho Street, Meridian, Idaho. 6. The subject property is surrounded on the north side by The Willows Subdivision -zoned R-8, a car wash/service station and a car sales lot on the south - zoned C-G and R-8, to the east there is single family residences - zoned R-8 and a Dirty Harry's Car Wash - zoned C- G, and to the west there is a manufactured home subdivision - zoned R-8. 7. The applicant, Hopkins Financial Services, Inc., has requested approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes which temporary private street will take access off of the north side ofFairview Avenue, approximately FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF F AIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 2 Y, mile east of Meridian Road. The temporary private street shall be used during the construction of Phase 1 of the 192 apartment units of the Fairview Lakes Planned Development. 8. This miscellaneous application is only for approval to construct a temporary private street that will be used during the construction of Phase I for the 192 apartment units for Fairview Lakes Planned Development. The proposed private road will be built to ACHD standards and will be dedicated to ACHD upon recordation of the final plat for the Fairview Lakes Subdivision. Rather than waiting for a preliminary plat and final plat approval, the applicant has proposed to build the road as a private road that will meet ACHD's construction standards, which will allow the applicant to begin construction without delay. 9. 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 application for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes will not impose expense upon the public ifthe following conditions of approval are imposed: Adopt the Recommendations and/or Considerations of the Planning and Zoning staff as follows: I. The private street shall be constructed to ACHD design standards. The applicant shall coordinate the construction of the road with ACHD to ensure ACHD acceptance of the road as a public road in the future. 2. A blanket easement shall be provided on private road for City of Meridian sanitary sewer and water utilities. The utilities within the private street easement shall be designed to Public Works Department standards. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 3 3. The final plat, dedicating the private road to ACHD as a public right-of-way, shall be recorded prior to occupancy of any building constructed as part of phase one of the Fairview Lakes development. 4. Landscaping and other required roadside improvements (i.e. sidewalks, pathways, irrigation, curb, and gutter) adjacent to the temporary private road shall be installed as depicted on the approved landscape and site plans, prior to occupancy of any building constructed as part of phase one. 5. Prior to erecting a street sign, the proposed name of the private street, N. Lark A venue, shall be approved by the Ada County Street Naming Committee. Applicant shall ensure the Community Planning Association has received a copy of the proposed name and submit a copy of the approval letter to the Public Works Department prior to opening the street. Consideration: 1. The Applicant shall provide adequate sewer and water easements. Adopt the Recommendations and/or Considerations of the Ada County Highway District as follows: FINDINGS FOR CONSIDERATION I. Right-of-Way District policy requires l20-feet of right-of-way on arterial roadways (Figure 72- FIB). This right-of-way allows for the construction ofa 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 2. Sidewalk District policy 7204.6.5 requires 5-foot wide (minimum) concrete sidewalk on all collector and arterial roadways. 3. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct a commercial/industrial roadway that intersects with Fairview Avenue 310- feel east of the west property line. This roadway location meets District policy and should be approved with this application. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 4 4. Street Sections District policy 7202.8 and 72-F IB, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way. The applicant is proposing to construct a commercial/industrial roadway that extends from Fairview Avenue to the north. This roadway is proposed to cul-de- sac just before the proposed multi-family residential apartment complex. This roadway will also provide a link that will connect into Teare Avenue. The proposed commercial/industrial roadway that the applicant is proposing will consist of a 40-foot street section that includes 2-travellanes, a center tum lane, curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. The proposed street section meets District policy and should be approved with this application. 5. Driveways District policy F2-F5, requires driveways located on collector or arterial roadways with a speed limit of35 to align or offset a minimum of ISO-feet from any existing or proposed driveway. District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled interseclion a minimum of 50-feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of35-feet. Most commercial driveways will be constructed as curb-cut type facilities iflocated on local streets. Curb return type driveways with IS-foot radii will be required for driveways accessing collector and arterial roadways. Fairview Avenue Drivewav The applicant is proposing to construct one 30-foot wide driveway on Fairview Avenue. This driveway is proposed to intersect Fairview Avenue approximately 240- feet west of the east property line. This driveway meets District policy and should be approved with this application. Commercial/Industrial Street Drivewavs The applicant is proposing to construct nine driveways on the proposed commercial/industrial roadway. The driveways are proposed to be constructed in the following locations. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF F AIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 5 . Driveway number I is proposed to intersect the commercial/industrial roadway approximately 30-feet north of Fairview Avenue. This driveway is proposed to be 30-feet in width. . Driveway number 2 and 3 are proposed to intersect the commercial/industrial roadway approximately 1 95-feet north of Fairview Avenue. These driveways are proposed to align with one another. These driveways are proposed to be 25-feet in width. . Driveway number 4 is proposed to intersect the commerciallindustrial roadway approximately 345-feet north of Fairview Avenue. This driveway is proposed to be 22-feet in width. . Driveway number 5 is proposed to intersect the commerciallindustrial roadway that extends north from Fairview Avenue approximately 580- feet north of Fairview Avenue. This driveway is proposed to be 22-feet in width. . Driveway number 6 is proposed to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. This driveway is proposed to be 40-feet in width. . Driveway number 7 is proposed to intersect the commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50-feet north of the commercial/industrial roadway that runs east and west. This driveway is proposed to be 25-feet in width. . Driveway number 8 and 9 are proposed to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 160-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north. These driveways are proposed to align with on another. These driveways are proposed to be 30-feet in width. All of the proposed driveway locations meet District policy EXCEPT for driveway number I. Driveway number I should be constructed a minimum of 50- feet north of Fairview Avenue to be in conformance with District policy and to be approved by the District. All of the proposed driveway widths meet District policy EXCEPT for driveway number 6. Driveway number 6 should be constructed a maximum of 35-feet in width. 6. All Driveways Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIR VIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 6 at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 7. Stub Streets District policy 7203.5.1 and 7205.5 requires stub streets to provide intra- neighborhood circulation and to provide access to adjoining parcels. District policy 7203.3.2 requires an existing street or a street in an approved preliminary plat, which extends at a boundary of a proposed development to be extended into that development. The applicant is proposing to extend Teare Avenue. This extension will provide a connection from Teare Avenue to Fairview Avenue. The extension of Teare Avenue meets the goals and intent of District policy and has the supportive of District staff. Modification of Policy The applicant is proposing to terminate Clarene Street at its current location and construct temporary bollards for emergency access only. District policy requires that stub streets be constructed and/or extended to adjoining properties to provide reasonable access and intra-neighborhood connectivity. Staff would generally support the extension of Clarene Street into the site, but due to the fact that the applicant is extending Teare A venue to the residential neighborhood that is located to the northeast, staffis supportive of the applicant's proposal to construct bollards at the terminus ofClarene Street. With the construction ofbollards, Clarene Street will be one-lot and less than 150-feet in depth, therefore, the applicant will not be required to construct a temporary turnaround. 6. Turnarounds District policy 7204.9.2 requires turnarounds to be constructed to provide a minimum turning radius of 55-feet. The applicant is proposing to construct a cul-de-sac turnaround at the north end of the commercial/industrial roadway that extends north from Fairview Avenue. The applicant is proposing to dedicate a hammerhead turnaround at the west end of Clarene Street on the applicant's property. This hammerhead turnaround will function as the property's frontage until the preliminary plat is submitted and the roadways are formally dedicated. 7. Signalization The applicant is proposing to construct a new signal at the intersection of FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAlRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR Ml-02-008 _ 7 Fairview Avenue and the commercial/industrial roadway that extends north into the site. The signal is proposed at the half mile. The traffic study determined that the warrants would be met and that the existing signals in the area would not be significantly impacted by the new signal. The District will contribute the hardware necessary for the construction of the new signal and any related roadway improvements. The applicant should plan, construct and install the signal that is proposed at the intersection of Fairview A venue and the commerciallindustrial roadway that extends north into the site. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means ofa warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk on Fairview Avenue located 2-feet within the new right-of-way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection ofFairview Avenue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310- feet east of the west property line, as proposed. 5. Construct the internal roadways as 40- foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 240- feet west of the east property line, as proposed. FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF F AIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 8 7. Construct a 30-foot wide driveway to intersect the commercial/industrial roadway a minimum of 50-feet north of Fairview Avenue, as proposed. 8. Construct two 25-foot wide driveways to intersect the commerciallindustrial roadway approximately 195-feet north ofFairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22-foot wide driveway to intersect the commercial/industrial roadway approximately 345-feet north of Fairview Avenue, as proposed. 10. Construct a 22-foot wide driveway to intersect the commercialfindustrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 11. Construct a 35-foot wide driveway to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25-foot driveway to intersect the commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50-feet north of the commercial/industrial roadway that runs east and west, as proposed. 13. Construct two 30-foot wide driveways to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 160- feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commercial/industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55-feet. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 9 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF F AIRVlEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 10 District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Comments of Sanitary Service as follows: 1. That previous review of the project reflected concerns to Sanitary Service pertaining to inadequate enclosures and placement for waste services throughout the project. Adopt the Recommendation of Settler's Irrigation District as follows: 1. The District's Settler's Canal courses through the property and is located just north of the cul-de-sac of the proposed private road referred to as North Lark Avenue. The easement of the Settlers Canal must be protected. Adopt the Recommendations and/or Comments of Nampa & Meridian Irrigation District as follows: I. The District has no comment on the temporary road as long as the roadway does not impact the District's Jackson's Drain easement. The District requires a Land Use Change/Site application to be filed before any permanent structure or road is constructed. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code !l31-3805. 3. It is recommended that irrigation water be made available to all developments within the District. CONCLUSIONS OF LAW 1. Approval of this request for a private street is based upon the information FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF F A1RVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FORMI-02-008 - II provided by the applicant on the private street, and the private street will be built to ACHD standards and will be dedicated to ACHD upon recordation of the final plat for the Fairview Lakes Subdivision, prior to occupancy of any of the buildings erected as part of Phase I of Fairview Lakes. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code g12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. That the applicant is granted approval to construct a temporary private road for the construction of Phase I of Fairivew Lakes by Hopkins Financial Services, Inc., for the property located at 824 East Fairview Avenue, which private road will be located off of the north side of Fairview Avenue, approximately 1/2 mile east of Meridian Road; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. By action of the City Council at its regular meeting held on the I S~day of Ocho W/'I./ ,2002. ROLL CALL COUNCILMAN BIRD VOTED$C COUNCILWOMAN McCANDLESS VOTED~ VOTED f:Ie~ COUNCILWOMAN deWEERD COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE ~ '--' ---::. .., VOTED (TIE BREAKER) ~ FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIV ATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANClAL SERVICES, INC. FOR MI-02-008 -- - 12 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:~" 4~19-- City Clerk Dated: (tJ-/S"-PZ Z:\W ork\M\Meridian\Meridian 15360M\Fairview Lakes MI-02-008\FfCIsOrdM (-02-008.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 \\\\.1111"1//// \\\\ fUl::....','1 ",",,-{ 0 ......,.,./l! 1111" .' '>.' !t..t ", ,<' (j O\\POI=/..J ~ '71- ~ , ~0 '<$; -::. ".;: <:> ~ -13