HomeMy WebLinkAboutSienna Creek Subdivision CUP-04-021
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/17/04
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT )
FOR A PLANNED DEVELOPMENT)
IN AN R-8 ZONE FOR SIENNA )
CREEK SUBDIVISION )
)
)
)
Case No. CUP-O4-021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
SAGEWOOD DEVELOPMENT, INc.,
Applicant
The above entitled conditional use pennit application having come before the City
Council on August ly, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Canning, Shawn Nickel, Lisa Wanner Sisler and David Bailey,
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 located approximately '4 mile north of Us tick Road and Y> mile east of
Linder Road, Meridian.
2.
The owner of record of the subject property is Sagewood Development, Inc.
3.
Applicant is Sagewood Development, Inc.
r-
4.
The subject property is currently zoned RUT. The zoning district ofR-8 is defined within
the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..( 2I
PAGE 1 OF 15
5.
The Applicant requests the Conditional Use Pennit for a Planned Development in a R-8
zone. The R-8 zoning 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 of this will, in fact, constitute a conditional use as
determined by City policy.
The City Council of the City of Meridian hereby approves the requested Conditional Use
Pennit as requested by the Applicant for the property described in the application, subject to the
following:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Note that staff report indicates that the applicant has requested permission to construct
attached single family homes on the alley-loaded lots within the subdivision. The applicant's
actual request was to leave the option open to construct attached single family homes along the
southern boundary of the subdivision. However, the planned development request does not
include a reduction in the side yard setbacks. Therefore, no attached units are approved with this
subdivision. If the applicant still desires to construct attached units, they may request a
modification of setbacks from the Planning and Zoning Commission.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Pennit.
2. The applicant shall provide a minimum of two amenities which are appropriate for the
scale of the proposed planned development. Details of these amenities should by the date
of the Planning and Zoning Commission hearing.
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
4. The following reductions in dimensional standards have been requested:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP.O4..(J21
PAGE 2 OF 15
Lot Size- City Requirements (R-8)
4,000 sq. ft. (attached)
6,500 sq. ft. (detached
Proposed Lot Sizes
3,910 sq.ft. (attached)
5,000 sq. ft. (detached)
Lot Frontage-City Requirements (R-8)
65'minimum (detached)
40' minimum (attached)
Proposed Frontage
50' minimum (detached)
34' minimum (attached)
Block length-l,OOO'
1,300'
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow ofl,OOO gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. International Fire Code Appendix D
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.
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 ofthe
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
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 an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..o2I
PAGE 3 OF 15
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. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
10. Provide a Knoxbox entry system for the complex.
11. Paint the curb red and provide signage "No Parking Fire Lane".
12. No Parking signs and painted curbs will be required for all Fire Lanes.
13. No parking shall be allowed in Lorna Court.
D.
Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Construct West Ashton Drive to intersect Venable Lane approximately 235- feet south of
the north property line to align with Ashton Drive on the west side of Venable Lane, as
proposed. Install a stop sign on Venable Lane (on the south leg) at the West Ashton
Drive and Venable Lane intersection.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP.04-02I
PAGE 4 OF 15
2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby
Drive on the east side of Venable Lane.
3. Dedicate and additional 25-feet of right-of-way on Venable Lane and construct Venable
Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional
pavement to complete a 40-foot street section. Stripe Venable Lane as a 3-lane roadway,
as recommended by the submitted traffic impact study. Submit the striping plan to the
District fro review and approval.
4. Construct West Ashton Drive as a 36-foot street section with rolled curb and gutter and
an attached 5-foot concrete sidewalk on the north side of the roadway and construct the
south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter
and a 4-foot concrete sidewalk that is detached by a 5-foot planter strip on the south side
of the roadway, as proposed.
5. Construct the remainder of the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as
proposed.
6. Construct the alley with 12-feet of pavement and construct the alley intersection with a
minimum of back- of-curb radius of IS-feet. Obtain a license agreement for the
landscaping within the alley right-of-way. Parking shall be designed so the minimum
clear distance from the back of the parking stall to the opposite side of the alley is 22-
feet for perpendicular parking.
7. Extend North Sandoon Drive from the north property line, as proposed.
8. Extend North Arches Way from the east property line (the northeast corner of the
property), as proposed.
9. Construct North McKinley Park Avenue to the south property line approximately 96- feet
east of the west property line, as proposed. Install a sign at the terminus of the roadway
stating, "this roadway will be extended in the future".
10. If the City of Meridian requires the applicant to construct an additional stub street to the
south property line. Install a sign at the terminus of the roadway stating, "this roadway
will be extended in the future".
11. Extend West Ashby Court to Venable Lane to align with West Ashby Drive on the east
side of Venable Lane.
12. Construct one cul-de-sac turnaround within the subdivision. Provide a minimum turning
radius of 45-feet for the cul-de-sac turnaround.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..o2I
PAGE 5 OF 15
13. Construct one knuckle without a center island within the subdivision, as proposed.
14. Other than the access points that have specifically been approved with this application,
direct lot access to Venable Lane is prohibited. A note of the access restriction will be
required on the final plat.
15. 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. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. 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.
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 of Idaho 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 permits), 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-O4-021
PAGE 6 OF 15
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 tenns 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 from 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 ofthe 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.
F. Adopt the recommendations of the Parks Department as follows:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
3. An inventory of existing trees will be completed by the Parks and Recreation Department
for the subject property.
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 136 single family residential building lots and 13 common lots,
including three open space areas on 30.0 acres proposed R-8 Zone, for Sienna Creek Subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..o21
PAGE 7 OF 15
located approximately '4 mile north of Us tick Road and Y> mile east of Linder Road,. 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. Note that staff report indicates that the applicant has requested permission to construct
attached single family homes on the alley-loaded lots within the subdivision. The applicant's
actual request was to leave the option open to construct attached single family homes along the
southern boundary of the subdivision. However, the planned development request does not
include a reduction in the side yard setbacks. Therefore, no attached units are approved with this
subdivision. If the applicant still desires to construct attached units, they may request a
modification of setbacks from the Planning and Zoning Commission.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. The applicant shall provide a minimum of two amenities which are appropriate for the
scale of the proposed planned development. Details of these amenities should by the date
of the Planning and Zoning Commission hearing.
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
4. The following reductions in dimensional standards have been requested:
Lot Size- City Requirements (R-8)
4,000 sq. ft. (attached)
6,500 sq. ft. (detached
Proposed Lot Sizes
3,910 sq.ft. (attached)
5,000 sq. ft. (detached)
Lot Frontage-City Requirements (R-8)
65'minimum (detached)
40' minimum (attached)
Proposed Frontage
50' minimum (detached)
34' minimum (attached)
Block length-l,OOO'
1,300'
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..o2I
PAGE 8 OF 15
1. One and two family dwellings will require a fire-flow ofl,OOO gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. International Fire Code Appendix D
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.
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'.
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 an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
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. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
10. Provide a Knoxbox entry system for the complex.
11. Paint the curb red and provide signage "No Parking Fire Lane".
12. No Parking signs and painted curbs will be required for all Fire Lanes.
13. No parking shall be allowed in Lorna Court.
D.
Adopt the Recommendations of Central District Health Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-Q4-02I
PAGE 9 OF 15
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
E.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Construct West Ashton Drive to intersect Venable Lane approximately 235-feet south of
the north property line to align with Ashton Drive on the west side of Venable Lane, as
proposed. Install a stop sign on Venable Lane (on the south leg) at the West Ashton
Drive and Venable Lane intersection.
2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby
Drive on the east side of Venable Lane.
3. Dedicate and additional 25-feet of right-of-way on Venable Lane and construct Venable
Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional
pavement to complete a 40-foot street section. Stripe Venable Lane as a 3-lane roadway,
as recommended by the submitted traffic impact study. Submit the striping plan to the
District fro review and approval.
4. Construct West Ashton Drive as a 36-foot street section with rolled curb and gutter and
an attached 5-foot concrete sidewalk on the north side of the roadway and construct the
south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter
and a 4-foot concrete sidewalk that is detached by a 5-foot planter strip on the south side
of the roadway, as proposed.
5. Construct the remainder of the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as
proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-O4-02I
PAGE 10 OF 15
6. Construct the alley with 12-feet of pavement and construct the alley intersection with a
minimum of back- of-curb radius of IS-feet. Obtain a license agreement for the
landscaping within the alley right-of-way. Parking shall be designed so the minimum
clear distance from the back of the parking stall to the opposite side of the alley is 22-feet
for perpendicular parking.
7. Extend North Sandoon Drive from the north property line, as proposed.
8. Extend North Arches Way from the east property line (the northeast corner of the
property), as proposed.
9. Construct North McKinley Park Avenue to the south property line approximately 96-feet
east of the west property line, as proposed. Install a sign at the terminus of the roadway
stating, "this roadway will be extended in the future".
10. If the City of Meridian requires the applicant to construct an additional stub street to the
south property line. Install a sign at the terminus of the roadway stating, "this roadway
will be extended in the future".
11. Extend West Ashby Court to Venable Lane to align with West Ashby Drive on the east
side of Venable Lane.
12. Construct one cul-de-sac turnaround within the subdivision. Provide a minimum turning
radius of 45-feet for the cul-de-sac turnaround.
13. Construct one knuckle without a center island within the subdivision, as proposed.
14. Other than the access points that have specifically been approved with this application,
direct lot access to Venable Lane is prohibited. A note of the access restriction will be
required on the final plat.
15. 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. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. 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
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..o2I
PAGE 11 OF 15
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 permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements ofthe 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 tenns 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 from the Ada County
Highway District.
II.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.
F. Adopt the recommendations of the Parks Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP.04..(J2I
PAGE 12 OF 15
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
3. An inventory of existing trees will be completed by the Parks and Recreation Department
for the subject property.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use pennit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the pennit
holder must commence the use as pennitted 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-O4-021
PAGE 13 OF 15
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT 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 of the conditional use permit
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 111--
day of
&r*tYV\'ot~
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED-¥-
VOTED~
VOTED~
VOTED -
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: G\. '1-04
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-04..(J21
PAGE 14 OF 15
MOTION:
APPROVED:~
DISAPPROVED:-
""""""""~....
,II' f UI::"."II
"".J 0 '."-'TI". III
":\' "'Y-,
/' ð rrpl\POItq~ Weerd
i ~ 0 % .
; SEAL ~
~ ~ ~ ~
f ~ ~ ,<fog
~ "'( ~ '"
William G. Berg, Jr., Ci Cler ~, '1 f'\- s. f)~ /'
l'II'II~UU/lIT'{ . ..'."""
Copy served upon Applicant, Planning and icirií¡jg\b~p~ent, Public Works
Department and the City Attorney.
By:jel.Jt(L.;Å.h a ~
City Clerk's Office
Dated:
'1-24-04
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTrNG CONDITIONAL USE PERMIT
SIENNA CREEK SUBDIVISION; CASE NO. CUP-O4-021
PAGE 15 OF 15