HomeMy WebLinkAboutRoundtree Subdivision CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-09-04
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT
FOR A PLANNED DEVELOPMENT
FOR ROUNDTREE SUBDIVISION
RENNISON ENGINEERING
APPLICANT
CASE NO. CUP-03-069
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENL4I, OF CONDITIONAL
USE PERMIT
The above entitled matter coming on regularly for public hearing before the City Council
on March 9, 2004; at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the
application for preliminary plat in Case No. PP-03-045, and the hearing was opened on the
conditional use permit application and Anna Powell Planning and Zoning Director for the
Planning and Zoning Deparhnent, John Rennison, Joann Butler, Dave Wiley and Maxine
Johnson, testified at the hearing, and the City Council based upon its Findings of Fact and
Conclusions of Law and Decision and Order in Case No. PP-03-045 does hereby deny the
application for conditional use pemut approval.
FINDINGS OF FACT
It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR RENNISON ENGINEERING FOR
ROUNDTREE SUBDIVISION (CUP-03-069)
PAGE 1 OF 5
conditional use permit due to the denial of the preliminary plat in Case No. PP-03-045 due to the
following:
This proposed project is part of the Tramore Subdivision, atwo-lot
preliminary/final plat that the City reviewed and approved in 2001(PFP-O1-006).
The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed
concurrently with Tramore Subdivision was a CUP application fora 72-unit
senior apartment complex (CUP-Ol-036) on Lot 1, Block 1. As part of the
Tramore Development, a 50-foot wide cross access agreement was approved to
intersect Pine Avenue near the west property line. This 50-foot wide easement is
the frontage/flag of the subject lot. An access driveway has been constructed to a
width of 25-feet, with curb, gutter and a sidewallc on the east side, from Pine
Avenue to the southern boundary of Lot 1.
2. The proposed roadway configuration, along with the proposed access through the
adjacent eastern border is cause for concern, and specifically that traffic would cut
through the drive aisles causing safety issues for the senior citizen residents of the
Tramore apartment complex, as well as for the residents at the Banbridge
complex. Foot traffic is another safety issue for the present residents of Tramore
and Banbridge, as well as any fixture residents that would be within this future
apartment complex.
3. The multi-family residential use design proposed for this property by the
applicant is incompatible with the surrounding Tramore senior complex and the
Banbridge complex, due to the intense density use this project would bring to the
surrounding properties.
4. The proposed project does not provide an adequate amount of private space or
open space for each living unit as is required within the Planned Development
requirements for the City.
5. The applicant has not provided sufficient information as to the compatibility of
the multi-family use in this particular area.
6. It is not in the best interests of the City of Meridian to approve the conditional use
permit application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR RENNISON ENGINEERING FOR
ROUNDTREE SUBDIVISION (CUP-03-069)
PAGE 2 OF 5
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 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 based upon the denial of
the. preliminary plat in Case No. PP-03-045 the Council does hereby deny the application for
conditional use permit approval for the following reasons:
This proposed project is part of the Tramore Subdivision, atwo-lot
preliminary/fmal plat that the City reviewed and approved in 2001 (PFP-Ol-006).
The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed
concurrently with Tramore Subdivision was a CUP application fora 72-unit
senior apartment complex (CUP-Ol-036) on Lot 1, Block 1. As part of the
Tramore Development, a 50-foot wide cross access agreement was approved to
intersect Pine Avenue near the west property line. This 50-foot wide easement is
the frontage/flag of the subject lot. An access driveway has been constructed to a
width of 25-feet, with curb, gutter and a sidewalk on the east side, from Pine
Avenue to the southern boundary of Lot 1.
2. The proposed roadway configuration, along with the proposed access through the
adjacent eastern border is cause for concern, and specifically that traffic would cut
through the drive aisles causing safety issues for the senior citizen residents of the
Tramore apartment complex, as well as for the residents at the Banbridge
complex. Foot traffic is another safety issue for the present residents of Tramore
and Banbridge, as well as any future residents that would be within this future
apartment complex.
3. The multi-fauuly residential use design proposed for this property by the
applicant is incompatible with the surrounding Tramore senior complex and the
Banbridge complex, due to the intense density use this project would bring to the
surrounding properties.
4. The proposed project does not provide an adequate amount of private space or
open space for each living unit as is required within the Planned Development
requirements for the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR RENNISON ENGINEERING FOR
ROUNDTREE SUBDIVISION (CUP-03-069)
PAGE 3 OF 5
5. The applicant has not provided sufficient information as to the compatibility of
the multi-family use in this particular area.
6. It is not in the best interests of the City of Meridian to approve the conditional use
permit application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHING5 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 fmal 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 b day of
~^/ Z , 2004.
Tammy de erd
Mayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR RENNISON ENGINEERING FOR
ROUNDTREE SUBDIVISION (CUP-03-069)
PAGE 4 OF 5
Copy served upon Applicant, the Planning and Zoning Department, Public
and City Attorney.
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR RENNISON ENGINEERING FOR
ROUNDTREE SUBDMSION (CUP-03-069)
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