Roundtree Subdivision CUP04-018
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT )
APPROVAL FOR A PLANNED )
DEVELOPMENT CONSISTING OF 64 )
MULTI-FAMILY UNITS, INCLUDING)
REDUCED BUILDING SETBACKS )
AND REDUCED LOT FRONTAGE)
ON 5.7 ACRES IN THE L-O ZONE)
FOR ROUNDTREE SUBDIVISION)
)
RON BABNEAU,
Applicant
C/C 08/17/04
Case No. CUP-O4-018
FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use pennit application having come before the City
Council on August 17,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell, Steve Bradbury and Joho Renison, appeared and
testified, and the City Council having duly considered the evidence and the record in this matter
and the Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings of
Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1.
The property is approximately 5.7 acres in size and is located on the south side of W.
Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3
North, Range I West.
2.
Hughes Properties, LLC, is the current property owner, who has provided notarized
consent for the subject application.
3.
The Applicant is Ron Babneau of Big View Builders.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION -CASE NO. CUP 04-018
Pagelofl6
A.
2.
B.
4.
The subject property is currently zoned L-O. The zoning of L-O is defined within the
City of Meridian Zoning and Development Ordinance Section 11-7-2.
5.
The applicant requests the Conditional Use Pennit for a Planned Development for multi-
family residences with reduced building setbacks and reduced lot frontage. The Planned
Residential Development designation within the City of Meridian Zoning and
Development Ordinance requires a Conditional Use Pennit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
6.
The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7.
The use proposed which is the subject ofthis will, in fact, constitute a conditional use as
determined by City policy.
8.
The Planning and Zoning Commission recognizes the concerns of Maxine Johoson,
expressed at the hearing on July 15, 2004.
The City Council of the City of Meridian hereby approves the requested Conditional Use
Pennit for a Planned Development Plat as requested by the Applicant for the property described
in the application, subject to the following:
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1.
Add Site Specific Condition #14 to page 18 requiring the applicant to: "Work with
Planning & Zoning staff on traffic claming devices on the flag lot entering said property."
Add Site Specific Condition #15 to page 18 requiring the applicant to: "Install additional
windows on the second floor of those buildings that are adjacent to open space common
lots."
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 2 of 16
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
1. All conditions of the previously approved development agreement, Tramore Subdivision
(PFP-OI-006), and concurrent Preliminary Plat (PP-04-018) shall also be considered
conditions ofthe Conditional Use Pennit (CUP-O4-018).
2.
The project shall conform to the modified dimensional standards, as follows:
.
No minimum frontage requirements for the lots within the proposed development.
Minimum 1 O-foot rear setback; minimum 5-foot side setback (measured to
property line); minimum 20-foot front setback.
.
Construction materials used on the structures with modified setbacks/separation shall be
approved by City of Meridian Building Department and in accordance with the most
recent Uniform Building Code.
3.
As amenities for the planned development, construct a picnic area complete with a sand
court and a picnic shelter on Lot 14, Block 1.
4.
Provide common open space that equals or exceeds ten percent of the gross land area for
the multi-family portion of the development, as proposed.
5.
Provide each dwelling unit with at least one hundred square feet of use able private open
space, such as a patio or deck, as proposed on the landscape plan.
6.
Provide parking for each four-plex structure within each individual lot. All parking and
areas of circulation should be paved, striped, and meet the minimum dimensional
requirements of Meridian City Code.
7.
Provide a minimum 5-foot wide landscape buffer along the southern boundary of the
development. Said landscape buffer may be included within the existing irrigation
easement if a license agreement for landscaping is obtained from the Nampa Meridian
Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from
NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement.
8.
The Applicant shall coordinate the location and design of trash dumpsters with Sanitary
Services Company (SSe) staff. Trash enclosures must be built in the location and to the
size approved by SSC. Prior to Certificate of Zoning Compliance (CZe) submittal, the
Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed
trash enclosure location and design. All dumpster(s) must be screened in accordance with
MCC 11-12-1.C.
9.
Construct a pathway on the north side of the Ninemile Drain, from the west property line
to the edge of pavement of the existing driveway (approximately 12-feet long). Said
pathway shall be a minimum of 5-feet wide and constructed to align with the existing
pathway on the east side of the driveway.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 3 of 16
c.
10.
All internal sidewalks shall be constructed in accordance with MCC 12-5-2.K.
11.
No building or other structure shall be erected, moved, added to or structurally altered,
nor shall any building structure or land be established or change in use on this site
without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian
Planning and Zoning Department (MCC 11-19-1).
12.
Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the
final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110%
will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer,
water, etc.
13.
Submit 10 copies of a revised site plan and landscape plan in conformance with this
report and the direction of the Planning & Zoning Commission at least 10 days prior to
the next hearing on this application.
14.
Work with Planning & Zoning staff on traffic darning devices on the flag lot
entering said property.
15.
Install additional windows on the second floor of those buildings that are adjacent to
open space common lots.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue
approximately 10-feet east of the west property line, as proposed.
2.
3.
Other than the access point that has specifically been approved with this application,
direct lot access to Pine Avenue is prohibited. Notes ofthis access restriction should be
noted on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
3.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page4ofl6
D.
1.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5.
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.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required pennits), which incorporates any required design changes.
7.
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.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. 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.
10.
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 District. The burden shall be upon
the applicant to obtain written confirmation of any change ITüm the Ada County Highway
District.
11.
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 Meridian Fire Department Recommendations as follows:
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 5 ofl6
E.
1.
2.
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y,," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
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 an approved turn around.
4.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
5.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
6.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
7.
Building setbacks shall be per the Building Code for one and two story construction.
8.
The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side
9.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
10.
Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
11.
Section D I 06.1 of the IFC requires two separate approved fire accesses for developments
with over 100 multi-family units. With the 72 units on Lot I (Tramore Senior
Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a
second access point to this site (east). A 20-foot wide swing or sliding gate equipped with
a knoxbox padlock will be required.
Adopt the recommendations of the Sanitary Services Company (SSe) as follows:
Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without
a vehicle parked in front of it.
Design the enclosures per the standard recommendations of SSC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page6ofl6
Approval of the trash enclosure design will be required prior to submittal of a Certificate
of Zoning Compliance pennit.
F.
Adopt the Recommendations/Comments of Joint School District No.2 as follows:
1.
The Meridian School District has experienced phenomenal student growth the last ten years.
The high schools, middle schools, and elementary schools throughout the district are operating
over capacity.
2.
Approval of Roundtree Subdivision will have a significant impact on school enrollments at
Peregrine Elementary, Meridian Middle, and Meridian High School.
3.
We can predict that these homes, when completed, will house twenty-two (22) elementary aged
children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students.
Additional students will further compound the current overcrowded situation.
4.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently
operating beyond capacity. Future development will continue to have an impact on the district's
capacity.
G.
Adopt the action of the City Council taken at their August 17,2004 rneeting, as follows:
For Clarification:
1.
The open space amenity shall include an additional hard surface half court
basketball court adjacent to the volleyball sand pit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page7ofl6
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
That the above named applicant is granted a conditional use pennit for a Planned
Development consisting of 64 multi-family units, including reduced building setbacks and
reduced lot frontage on 5.7 acres in the L-O Zone for Roundtree Subdivision, located on the
south side ofW. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12,
Township 3 North, Range I West, Meridian, Idaho, subject to the following conditions of use
and development:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1.
Add Site Specific Condition #14 to page 18 requiring the applicant to: "Work with
Planning & Zoning staff on traffic clarning devices on the flag lot entering said property."
2.
Add Site Specific Condition #15 to page 18 requiring the applicant to: "Install additional
windows on the second floor of those buildings that are adjacent to open space common
lots."
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
I. All conditions of the previously approved development agreement, Tramore Subdivision
(pFP-OI-006), and concurrent Preliminary Plat (PP-04-018) shall also be considered
conditions of the Conditional Use Pennit (CUP-04-018).
2.
The project shall conform to the modified dimensional standards, as follows:
. No minimum frontage requirements for the lots within the proposed development.
. Minimum 10-foot rear setback; minimum 5-foot side setback (measured to
property line); minimum 20-foot front setback.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDDECISJON
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 8 of 16
12.
Construction materials used on the structures with modified setbacks/separation shall be
approved by City of Meridian Building Department and in accordance with the most
recent Uniform Building Code.
3.
As amenities for the planned development, construct a picnic area complete with a sand
court and a picnic shelter on Lot 14, Block I.
4.
Provide common open space that equals or exceeds ten percent of the gross land area for
the multi-family portion of the development, as proposed.
5.
Provide each dwelling unit with at least one hundred square feet of use able private open
space, such as a patio or deck, as proposed on the landscape plan.
6.
Provide parking for each four-plex structure within each individual lot. All parking and
areas of circulation should be paved, striped, and meet the minimum dimensional
requirements of Meridian City Code.
7.
Provide a minimum 5-foot wide landscape buffer along the southern boundary of the
development. Said landscape buffer may be included within the existing irrigation
easement if a license agreement for landscaping is obtained from the Nampa Meridian
Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from
NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement.
8.
The Applicant shall coordinate the location and design of trash dumpsters with Sanitary
Services Company (SSe) staff. Trash enclosures must be built in the location and to the
size approved by SSC. Prior to Certificate of Zoning Compliance (CZe) submittal, the
Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed
trash enclosure location and design. All dumpster(s) must be screened in accordance with
MCC 11-12-1.C.
9.
Construct a pathway on the north side of the Ninemile Drain, from the west property line
to the edge of pavement of the existing driveway (approximately 12-feet long). Said
pathway shall be a minimum of 5-feet wide and constructed to align with the existing
pathway on the east side of the driveway.
10.
All internal sidewalks shall be constructed in accordance with MCC 12-5-2.K.
11.
No building or other structure shall be erected, moved, added to or structurally altered,
nor shall any building structure or land be established or change in use on this site
without first obtaining a Certificate of Zoning Compliance (CZe) from the Meridian
Planning and Zoning Department (MCC 11-19-1).
Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the
final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110%
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page90fl6
2.
3.
will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer,
water, etc.
13.
Submit 10 copies of a revised site plan and landscape plan in conformance with this
report and the direction of the Planning & Zoning Commission at least 10 days prior to
the next hearing on this application.
14.
Work with PIanning & Zoning staff on traffic darning devices on the flag lot
entering said property.
15.
Install additionaI windows on the second floor ofthose buildings that are adjacent to
open space common lots.
c.
Adopt the Recommendations of ACHD asfollows:
Site Specific Conditions of Approval
I. Utilize the existing 30-foot wide curb return type driveway that intersects Pine A venue
approximately 10-feet east of the west property line, as proposed.
Other than the access point that has specifically been approved with this application,
direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be
noted on the final plat.
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.
3.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 10 ofl6
11.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5.
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.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
pennit (or other required pennits), which incorporates any required design changes.
7.
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.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. 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.
10.
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 ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 11 of 16
9.
11.
E.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
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 an approved turn around.
4.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
5.
Insure that all yet undeveloped parcels are maintained ftee of combustible vegetation.
6.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
7.
Building setbacks shall be per the Building Code for one and two story construction.
8.
The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
10.
Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
Section DI06.1 of the IFC requires two separate approved fire accesses for developments
with over 100 multi-family units. With the 72 units on Lot I (Tramore Senior
Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a
second access point to this site (east). A 20-foot wide swing or sliding gate equipped with
a knoxbox padlock will be required.
Adopt the recommendations of the Sanitary Services Company (SSe) as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Pagel2ofl6
4.
G.
1.
Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without
a vehicle parked in front of it.
2.
Design the enclosures per the standard recommendations of SSC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC.
Approval of the trash enclosure design will be required prior to submittal of a Certificate
of Zoning Compliance pennit.
F.
Adopt the Recommendations/Comments of Joint School District No.2 as follows:
1.
The Meridian School District has experienced phenomenal student growth the last ten years.
The high schools, middle schools, and elementary schools throughout the district are operating
over capacity.
2.
Approval of Roundtree Subdivision will have a significant impact on school enrolIments at
Peregrine Elementary, Meridian Middle, and Meridian High School.
3.
We can predict that these homes, when completed, will house twenty-two (22) elementary aged
children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students.
Additional students will further compound the current overcrowded situation.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently
operating beyond capacity. Future development will continue to have an impact on the district's
capacity.
Adopt the action of the City Council taken at their August 17,2004 meeting, as follows:
For Clarification:
1.
The open space amenity shall include the additional hard surface half court
basketball court adjacent to the volleyball sand pit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of pennanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION -CASE NO. CUP 04-018
Page 13 ofl6
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from
the original date of approval by the council. If the successive phases are not submitted within
one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-
17-4.B.)
NOTICE OF FINAL ACTION
AND RIGIIT TO REGULATORY TAKINGS 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 final 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 may be 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 may be adversely affected by the issuance or denial ofthe conditional use permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Pagel4ofl6
approval 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
7-r-6.- day of
~~m-~,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 'f'-7-tP?-
VOTED-
MOTION:
APPROVED:-fC--
DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
Page 15 of16
Attest:
By: ~ Jl1ÀlL. JA a qrvu
City Clerk's Office
Dated:
q-\(1-04
Z:\Work\MlMeridianlMeridian 15360M\Roundtree Sub PP 04-018 CUP 04-0 I 8\Roundtree CUP 04-018 Findings.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018
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