HomeMy WebLinkAboutFairview Lakes MI 03-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/27/03
IN THE MATTER OF THE
REQUEST FOR REQUEST FOR
APPROVAL TO CONSTRUCT A
TEMPORARY PRIVATE ROAD
FOR THE CONSTRUCTION OF
PHASE 2 IN C-G, R-40, AND C-N
ZONES FOR FAIRVIEW LAKES,
LOCATED AT 824 EAST
FAIRVIEW AVENUE, MERH)IAN,
IDAHO
BY: FAIRVIEW LAKES, LLC,
APPLICANT
CASE NO. MI-03-007
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 2OF FAIRVIEW LAKES
The above entitled matter coming on regularly for public hearing before the City Council
on May 27, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and
Brad Hawkins-Clark Planner III for the Planning and Zoning Department, Anna Powell Planning
Director for the Planning and Zoning Department, and Doug Tamura, appeared and testified, and
the City Council having received a report from David McKinnon of 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 2 of Fairview Lakes, and which 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 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 1 OF 6
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
1. The property is generally located at 824 East Fairview Avenue, Meridian, Idaho.
The applicant of the subject property is Fairview Lakes, LLC whose address is
111 Auto Drive, Suite 102, Boise, Idaho 83709.
The owner of the subject property is Fairview Lakes, LLC whose address is 111
Auto Drive, Suite 102, Boise, Idaho 83709.
4. The location of the subject property is presently located in C-G, R-40 and C-N
zones. The legal for the location of the proposed road is on file in the City Clerk's office located
at 33 E. Idaho Street, Meridian, Idaho 83642.
5. The applicant, Fairview Lakes, LLC, has requested approval of a new temporary
private street to be used during the construction of Phase 2 of the Fairview Lakes Planned
Development (aka Devon Park II). The proposed private road will be built to ACHD standards
and will be dedicated to ACHD upon recordation of the final plat.
6. This miscellaneous application is only for approval to construct a temporary
private street that will be used during the construction of Phase 2 for construction of the office
buildings for Fairview Lakes Planned Development.
7. The proposed private road will be an extension the previously approved road
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT
A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF
PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 2 OF 6
(North Lark Avenue) located on the north side of Fairview Avenue, approximately % mile east of
Meridian Road. The applicant has revised the Planned Development site plan to decrease the
number of apartment units, and to increase the number of office buildings. This section of road
previously was located in the middle of the proposed apartment complex. Rather than wait for
approval of the final plat, the applicant has proposed to build the road as a private road. This will
allow the applicant to begin construction of buildings within the development without delay.
8. The roadway will be required to be dedicated to ACHD through the subdivision
process (recording of the final plat) prior to occupancy of any of the buildings erected as part of
Phase 1 or 2 of Fairview Lakes per the approved Conditional Use Permit.
9. The proposed temporary private street will take access off of the previously
approved private road (N. Lark Avenue) on the north side of Fairview Avenue, approximately %:
mile east of Meridian Road.
10. The properties surrounding the subject project as follows:
North: The Willows Subdivision, zoned R-8.
South: Devon Park Phase 1, and carwash/service station, zoned C-G.
East: Single family residences, zoned R-8.
West: Manufactured Home Subdivision, zoned R-8.
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 approval to construct a temporary private road
for the construction of Phase 2 of Fairview Lakes will not impose expense upon the public if the
following conditions of approval are imposed:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT
A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF
PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 3 OF 6
Adopt the Recommendations and/or Considerations of the Planning and Zoning
staff as follows:
1. 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.
3. The final plat, dedicating the private road to ACRD as a public right-of--way, shall
be recorded prior to occupancy of any building constructed as part of Phase 1 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 Devon Park II.
5. The developer shall coordinate with the Ada County Highway District pertaining
to a cleazly designated pedestrian crossing for the pathway at all street crossings.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The Meridian Fire Department will need a fire access road. The Department will
need a 20' wide access road to the building during all phases of construction. All
parts of the building must be within 150' of the access road. The base will have to
be a minimum of 6" pit run with a top layer of 2"of '/4" crushed gravel. iJFC
901.3
Adopt the Recommendations of Sanitary Service as follows:
Sanitary Service will place a hold on the project from their end until a more
detailed plat is submitted for the
2. Trash enclosures were not shown on the detailed site plan for the office area, and
will need to be addressed.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT
A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF
PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 4 OF 6
CONCLUSIONS OF LAW
Approval of this request for a private street is based upon the information
provided by the applicant on the private street, and the private street 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 2 of Fairview Lakes.
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 constmct a temporary private road for the
construction of Phase 2 of Fairivew Lakes by Fairview Lakes, LLC, for the
property located at 824 East Fairview Avenue; 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 /~'~ day of
C'~GVr~2.- , 2003.
ROLL CALL
COUNCILMAN BIl2D
VOTED~~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLES5
COUNCILMAN NARY
VOTED U-G~v
VOTED~~
VOTED_~
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT
A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF
PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 5 OF 6
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
~,0,~ rr ~ r ~ rh~q~or Robert D. Cowie
Attest: .~``~~,~y F MER~~~-9 ~o'•~.
. ~,~ .~oaPO~TFO ~
SEAL
Illiam G. Berg, Jr., City erk ~
P .
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Copy served upon Applicant, the Plannirfg.~ptg I~°~rartment, Public Works Department
and City Attorney. rrrrr r r n n i s i u+~~`~ \\~~„i i u n u r r rrrv
F M '~
By~
City Clerk
Dated: ~-~2 ~~3
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FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR APPROVALTO CONSTRUCT
A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF
PHASE 2 OF FAIRVIEW LAKES BY FAIRVIEW LAKES, LLC - MI-03-007
PAGE 6 OF 6
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