HomeMy WebLinkAboutFairview Lakes MI 03-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/25/03
IN THE MATTER OF THE
REQUEST FOR REQUEST TO
REVIEW THE ISSUE OF THE
CONNECTION OF TEARS
AVENUE AND FAIRVIEW LAKES,
LOCATED AT 824 EAST
FAIRVIEW AVENUE, MERIDIAN,
IDAHO
BY: FARIVIEW LAKES, LLC,
APPLICANT
CASE NO. MI-03-003
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST TO
REVIEW THE ISSUE OF THE
CONNECTION OF TEARS
AVENUE AND FAIRVIEW LAKES
The above entitled matter coming on regularly for public heazing before the City Council
on March 25, 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, Doug
Tamura, Christy Richardson, and Randy Hopkins, 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 his application for a request to review the issue of the
connection of Teare Avenue and Fairview Lakes, 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
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARS AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003
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 at 824 East Fairview Avenue, Meridian, Idaho.
2. The applicant of the subject property is Fairview Lakes, LLC whose address is
111 Auto Drive, Boise, Idaho 83709.
The owner of the subject property is Fairview Lakes, LLC whose address is 111
Auto Drive, Boise, Idaho 83709.
4. The location of the subject property is presently located in C-G, C-N, and R-40
zones, and which review is over the issue of the connection of Teaze Avenue and Fairview Lakes.
The submitted Site Plan depicts the area of the connection of Teare Avenue and Fairview Lakes,
and which Site Plan is on file with the Meridian City Clerk's office located at 33 East Idaho
Street, Meridian, Idaho.
5. 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, Fairview Lakes, LLC, has requested approval to connect Teare
Avenue with Fairview Lakes with removal of the bollards.
7. This miscellaneous application is a request to review and to resolve the issue of
bollards on Teare Avenue and the connection of Teaze Avenue with Fairview Lakes. At a public
hearing for the Fairview Lakes project, it became appazent from public testimony that the
neighborhood to the north and to the east of this project did not want any connections to the
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARS AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 2
existing stub streets within the proposed development. Based on the testimony, placement of the
bollazds at the south end of Teaze Avenue where it would connect to the proposed E. Carol Street
was required by the City Council. This configuration prevented vehicular traffic and allows only
pedestrian traffic.
Prior to the approval of this project, the Ada County Highway District approved this
project with a public street connection of Teare Avenue out to Fairview Avenue. This
connection was very important to ACRD because it was used as justification for the construction
of a traffic light at the entrance of Fairview Lakes; instead of constructing the traffic light at
Jericho Road to the east (ACHD's preferred location for a traffic light). ACHD's requirement to
connect Teare Avenue to Fairview Avenue was adopted as part of the Development Agreement
for the Fairview Lakes annexation.
8. The applicant for the Fairview Lakes project did submit a Preliminary Plat, Case
No. PP-02-034, for the commercial portion of the project (Devon Park Subdivision). The plat
includes a public street connection from Teare Avenue to Fairview Avenue, as required by the
Development Agreement; however, the required bollards aze not graphically depicted on the plat.
ACHD was not made aware of the City's requirements for bollards on Teare Avenue unfil
February 7, 2003, when David McKinnon, Planner II, for the Meridian Planning and Zoning
Department attended a Tech Review meeting at ACHD.
9. ACHD did correspond with the Planning and Zoning Department, requesting the
City of Meridian not to take action on the Devon Park Preliminary Plat until the Teare Avenue
issues could be resolved by ACHD. The questions of ACHD on the issues were the following:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARS AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 3
1. If Teare does not provide vehicular connection with the surrounding
neighborhoods should they be required to build a public road to Teaze?
2. If Teaze does not provide interconnectivity should the traffic light be
constructed elsewhere? (ACHD states in their letter that they (probably)
would not support a traffic light at the entrance of Fairview Lakes, unless
Teaze provides interconnectivity with the subdivisions to the east and
north).
3. Should the Development Agreement be revised to eliminate the
connection of Teare to Fairview, or should it be revised to eliminate the
bollards on Teare?
10. This miscellaneous application serves as an alteration to the Development
Agreement and shall revise the Findings of Fact and Conclusions of Law to the Annexation and
Conditional Use Permit to eliminate the bollards on Teare Avenue.
11. 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 request to review the issue of the connection of
Teare Avenue with Fairview Lakes will not impose expense upon the public if the following
conditions of approval are imposed:
Adopt the Recommendations of the Meridian Fire Department as follows:
1. Afire flow consistent with Uniform Fire Code Appendix III-A shall be provided
to service the project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporazy or permanent street signs aze required
before combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARS AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003
7. With the size of the project it would be preferred to have multiple points of access
in order to provide assurance that at least one access point will be available to
emergency services. UFC 902.2.1
8. The roadways shall be built to Ada County Highway Standazds and shall have a
clear driving surface, available at all times, which is 20' wide. UFC 902.2
Adopt the Recommendations of the Meridian Water Department as follows:
The Water Department requests that the water system be looped between Clarene
Street and N. Teare Avenue with permanent easements.
Adopt the action of the City Council from their March 25, 2003 meeting as follows:
The First Addendum to Development Agreement, dated October 24, 2002, and
recorded with the Ada County Recorder as recorded as Instrument No.102143306,
in corresponding Case No. AZ-02-011, shall be revised on page 8, section F. 2.,
and said section F.2. shall now read as follows:
F. Adopt the action of the City Council from their Tuesday, September 17, 2002
and March 25, 2003, meetings as follows:
2. That traffic bollazds shall not be required to be placed at the south end. of Teaze,
pursuant to the Miscellaneous Application, MI-03-003, corresponding with the
matter.
CONCLUSIONS OF LAW
1. Approval of this request of the connection of Teaze Avenue with Fairview Lakes,
is based upon the information provided by the applicant and ACHD, and testimony at the public
hearing on this issue, and which bollards shall be removed and connection of Teaze Avenue with
Fairview Lakes shall be allowed with the Fairview Lakes planned unit development located at
824 E. Fairview Avenue, Meridian, Idaho. Additionally, the applicant is required to comply with
the conditions as stated in Findings of Fact No. 9.
DECISION AND ORDER
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARE AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 5
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 bollards shall be removed from Teare Avenue, and that the applicant is
granted the connection to Teaze Avenue with Fairview Lakes for the Fairview
Lakes planned unit development located at 824 E. Fairview Avenue, Meridian,
Idaho; and that the applicant shall be required to comply with all the above
conditions and requirements of staff and/or govenunental entities.
By action of the City Council at its regulaz meeting held on the ~h day of
2003.
ROLL CALL
COUNCILMAN BIRD VOTED~~-
COUNCILWOMAN deWEERD VOTED~d=
COUNCILWOMAN McCANDLESS VOTED~°'v
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CO E VOTED
(TIE BREAKER)
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. ~~\~~ OF Nl~r~;~~ .,,
G oRVOngT~ '9~y '';
By r~~--/~ /O"`'' r Dated: ~ g' 0 3
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FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO REVIEW THE ISSUE OF
THE CONNECTION OF TEARS AVENUE AND FAIRVIEW LAKES
BY FAIRVIEW LAKES, LLC FOR MI-03-003 - 6