HomeMy WebLinkAboutCherry Lane Project MI 03-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/22/03
IN THE MATTER OF THE
REQUEST FOR REQUEST FOR AN
AMENDMENT TO RECORDED
DEVELOPMENT AGREEMENT
FOR 2.88 ACRES, LOCATED ON
WEST CHERRY LANE,
IMMEDIATELY SOUTH OF
DEVLIN PLACE SUBDIVISION NO.
2, MERIDIAN, IDAHO
BY: OAKWOOD ENTERPRISES,
LLC,
APPLICANT
CASE NO. MI-03-005
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR AN
AMENDMENT TO RECORDED
DEVELOPMENT AGREEMENT
The above entitled matter coming on regularly for public hearing before the City Council
on April 22, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and
Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad
Watson City Engineer, and Cornell Larson, appeazed and testified, and the City Council having
received a report from Brad Hawkins-Clark Planner III 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 his application for a request for an amendment to recorded
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR MI-03-005
PAGE 1 OF 8
Development Agreement, and which application is herein received and adjudged by the City
Council pursuant to Meridian City Code § 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
The property is generally located on the north side of Cherry Lane, approximately
'/< of a mile east of Ten Mile Road, Meridian, Idaho.
2. The applicant of the subject property is Oakwood Enterprises, LLC whose address
is 114 E. Idaho Ave., Meridian, Idaho 83642.
3. The owner of the subject property is Oakwood Enterprises, LLC, managed by
Heartland Townhomes Property Management, LLC, whose address is 114 E. Idaho Ave.,
Meridian, Idaho 83642.
The location of the subject property is presently located in an L-O zone, and the
applicant proposes to consider the property as straight L-O zoning, to be developed under the
current ordinances.
The legal description of the property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
6. The applicant, Oakwood Enterprises, LLC, has requested a second amendment to
the Development Agreement governing development of the property on W. Cherry Lane,
immediately south of Devlin Place Subdivision No. 2. The original Development Agreement
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR MI-03-005
PAGE 2 OF 8
(Instrument No. 98031450), recorded on Apri16, 1998 between the City of Meridian and D.D. &
F., pertained to a total of 24.88 acres. The original Development Agreement was entered into at
the time Devlin Place Subdivision No. 1 was annexed and platted. The Development Agreement
allowed for the construction of Devlin Place Subdivision, an assisted living facility and a public
park. Subsequently, the Fiat Addendum to the Development Agreement, entered into between
the City of Meridian and Dan Wood/D. W. Inc. in May 2001, allowed for the construction of
Devlin Place No. 2 and revoked the requirement for a Conditional Use Permit on the 5.17 acres
of the subdivision.
This miscellaneous application is for an amendment to the recorded Development
Agreement (Instrument No. 98031450) for 2.88 acres. The applicant agrees to the majority of
the existing terms and conditions in all three Development Agreement documents, original
Development Agreement, Exhibit "B", and the First Addendum. However, the applicant desires
to have the Second Addendum clarify and/or strike several paragraphs within the three documents.
8. .The subject application, pertaining to the balance of the origina124.88 parcel
(2.88 acres), proposes to amend several sections of the original Development Agreement, Exhibit
"B", and sections within the First Addendum. The property owner is no longer D.D. & F., the
original party to the agreement. The remnant parcel has changed interests a couple of times and is
now owned by Oakwood Enterprises, LLC, as evidenced by the Warranty Deed submitted with
the application, dated September 2002, and which is on file at the Meridian City's Clerk's office.
The applicant intends to subdivide the 2.88 acre pazcel and construct five (5) single story medical
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR MI-03-005
PAGE 3 OF 8
office buildings. The applicant included a conceptual Site Plari for the City's information.
However, the application does not propose to include the Site Plan or uses in the terms. It
proposes to consider the property as straight L-O zoning, to be development under current
ordinances. No specific use was submitted with the applicant's application.
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 an amendment to recorded Development
Agreement the project will not impose expense upon the public if the following conditions of
approval are imposed, additionally all below requirements shall be incorporated into the Second
Addendum for this project:
A. Adopt the Recommendations of the Planning and Zoning Department, and which
revisions shall be incorporated in final into the Second Addendum, and below said revisions are
detailed by staff, as follows:
The following conditions are struck in their entirety: 2.a., 2.b., 2.c., 2.e. and
3.
2. The following conditions to the proposed Exhibit "B" are struck in their
entirety, or as addressed in the parenthesis: 2Q 21, 22, and 26 - (Only those
representations that pertain to property not owned by Oakwood Enterprises,
LLC shall be struck, any representations that apply to the Oakwood property
and are applicable to an L-O project shall remain in effect.)
The following conditions to the First Addendum Amendments are struck in
their entirety as follows:
2. (pg. 1) -Conditions pertaining to the development of Devlin Place
FINDINGS OF FACT CONCLUSLONS OF LA W AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR M1-03-005
PAGE 4 OF 8
No.2.
1.3 The existing CUP must be revoked and permit holder (D.D. & F.) to
be notified.. .
9 - 1.12 These four conditions pertain to ACHD's conditions for
roadways internal to Devlin Subdivision.
B. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. The District requires Settlers Canal and easement to be protected near the
southern boundary of the proposed development along Cherry Lane.
C. Adopt the Recommendations of the Ada County Highway District from their
April 7, 2003 letter as follows:
If the Site Plan or use should change in the future, ACHD will review the
Site Plan and may require improvements to the transportation system at
that time.
2. Prior to the construction or installation of any roadway improvements
(curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a
permit or license agreement must be obtained from ACHD. In addition to
any costs associated with a permit or license agreement, a roadway impact
fee will be assessed by ACHD and will be due prior to the issuance of a
building permit.
In accordance with ACHD's standard requirements, the applicant shall:
/ Meet District drainage requirements,
/ Replace or repair any damaged curb, gutter and sidewalk (as
determined by Construction Services),
/ Bear all costs for the relocation of utilities associated with
improving street frontages,
/ Contact the District's Utility Coordinate or Construction Services
Department in regard to all utility street cuts to determine if the
pavement is less than five years old.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR MI-03-005
PAGE 5 OF 8
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Show all proximity hydrants within 500' of the project on the resubmitted plat.
2. All comers will have to have 28' inside radius and 48' outside radius.
3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian for water quality.
5. Final approval of fire hydrant locations shall by the Fire Department.
6. All fire lanes shall have a 20' wide unobstructed driving surface. UFC 902.2.1
Provide an approved turn around for any street which exceeds 150' in length.
8. That afire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
9. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
10. The roadways shall be built to Ada County Highway Standards and have a
back-to-back measurement of 36'. UFC 902.2.1
11. All radii shall be 28' inside and 48' outside radius.
CONCLUSIONS OF LAW
Approval of this request to allow an amendment to recorded Development
Agreement for 2.88 acres, is based upon the information provided by the applicant, staff
comments and testimony at the public hearing on Apri122, 2003, and which subject property is
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR MI-03-005
PAGE 6 OF 8
located on West Cherry Lane, immediately south of Devlin Place Subdivision No. 2, Meridian,
Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No.
9.
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
That the applicant is granted approval to an amendment to recorded Development
Agreement for 2.88 acres, located on West Cherry Lane, immediately south of
Devlin Place Subdivision No. 2, Meridian, Idaho; 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 _L~day of
Q , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED__~
COUNCILWOMAN deWEERD VOTED~~
COUNCILWOMAN McCANDLESS VOTED~~--
COUNCILMAN NARY VOTED~~-
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR M1-03-005
PAGE 7 OF 8
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FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR 2.88 ACRES
FOR CHERRY LANE PROJECT BY: OAKWOOD ENTERPRISES, LLC
FOR M1-03-005
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PAGE 8 OF 8