HomeMy WebLinkAboutSalisbury Sub No. 2 PP 03-042RECEIVED
Interoffice
APR U 7 2004
City Of Meridian
MEMORANDUM City Clerk Office
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: SALISBURY SUBDIVISION NO. 2 BY EARL, MASON AND STANFIELD,
INC. / PP-03-042
Date: Apri17, 2004
Will:
Pursuant to City Council's action at their March 16, 2004, meeting, pertaining to
the Preliminary Plat application by Earl, Mason and Stanfield, Inc. for the proposed Salisbury
Subdivision No. 2, and Council's denial thereof, please find attached the original of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT in the Salisbury Subdivision No. 2.
This may be presented to the Mayor to obtain his signature after the Annexation
and Zoning, Case No. AZ-03-036, has been executed first, and thereafter followed up by this
preliminary plat application, PP-03-042. Afrer you have executed the Findings please present
copies to the Applicant, Planning and Zoning, Public Works and the City Attorney.
If you have any questions please advise.
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-16-04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT APPROVAL FOR 72
BUILDABLE LOTS AND 4
COMMON/OTHER LOTS ON 19.70
ACRES FOR SALISBURY
SUBDIVISION N0.2 LOCATED ON
THE EAST SIDE OF VENABLE
LANE, APPROXIMATLEY'/= MILE
WEST OF MERIDIAN ROAD AND
'/a MILE SOUTH OF USTICK
ROAD, MERIDIAN, IDAHO
BY EARL, MASON AND
STANFIELD,
APPLICANT
CASE NO. PP-03-042
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT
The above entitled matter coming on regularly for public hearing before the City Council,
on March 16, 2004, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the hearing was opened on the preliminary plat application, and Anna
Powell, Planning Director for the Planning and Zoning Department, Scott Stanfield, Chris
Brower, Joe Simunich, and Jeff Wood, appeared and testified at the hearing, and the City
Council based upon the testimony presented at the hearing does hereby deny the application for
preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
PRELIMINARY PLAT FOR SALISBURY SUBDIVISION NO.2
PAGE 1 OF 4
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
preliminary plat due to the denial of the Annexation and Zoning, Case No. AZ-03-036, due to the
following:
1. The City Council also recognizes the concerns listed in Mark. Snodgrass's letter
submitted into public record at the March 16, 2004 meeting.
2. The Applicant has never attempted any kind of communication with the surrounding
property owners, both on the east and western boundaries of the property, to discuss
the issues of planning for the uses along Venable Lane, as well as access or
improvements in the future on Venable Lane, to come to an agreement with
resolution to these issues.
3. The proposed R-8 designation would be incompatible with the surrounding residential
subdivision and area, which is R-4.
4. The proposed R-8 designation is not reflective of the City of Meridian's vision for
that particular area.
5. Annexation is not in the best interests of the City of Meridian given the nature of the
proposed development.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted, and upon the denial of the Annexation and Zoning, Case No. AZ-03-036, herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for preliminary plat approval for the following reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
PRELIMINARY PLAT FOR SALISBURY SUBDIVISION NO. 2
PAGE 2 OF 4
1. The City Council also recognizes the concerns listed in Mark Snodgrass's letter
submitted into public record at the March 16, 2004 meeting.
2. The Applicant has never attempted any kind of communication with the surrounding
property owners, both on the east and western boundaries of the property, to discuss
the issues of planning for the uses along Venable Lane, as well as access or
improvements in the future on Venable Lane, to come to an agreement with
resolution to these issues.
3. The proposed R-8 designation would be incompatible with the surrounding residential
subdivision and area, which is R-4.
4. The proposed R-8 designation is not reflecfive of the City of Meridian's vision for
that particular area.
5. Annexation is not in the best.interests of the City of Meridian given the nature of the
proposed development.
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 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 nonce 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
PRELIMINARY PLAT FOR SALISBURY SUBDIVISION N0.2
PAGE 3 OF 4
By action of the City Council at its regular meeting held on the day of
2004.
Attest:
Tammy de Weerd
Mayor, City of Meridian
William G. Berg Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
PRELIMINARY PLAT FOR SALISBURY SUBDIVISION NO. 2
PAGE 4 OF 4