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HomeMy WebLinkAboutRoundtree Subdivision PP 03-045BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-09-04 IN THE MATTER OF THE REQUEST ) CASE NO. PP-03-045 FOR PRELIMINARY PLAT FOR ) ROUNDTREE SUBDIVISION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER RENNISON ENGINEERING, ) OF DENIAL OF PRELIMIARY PLAT APPLICANT ) The above entitled preliminary plat application having come on for public hearing before the City Council on Mazch 9, 2004, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, John Rennison, Joann Butler, Dave Waily and Maxine Johnson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for preliminary plat was published for two (2) consecutive weeks prior to said public hearing scheduled for March 9, 2004, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDMSION BY: RENNISON ENGINEERING - (PP-03-045) PAGElOF7 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 9, 2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 5.7 acres in size and is located on the south side of Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West. The property is designated in the Comprehensive Plan as "High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 2 OF 7 Residential." 5. The owner of record of the subject property is Walden Hughes, who has provided notarized consent for the subject application. The applicant is Rennison Engineering. 6. The property is presently zoned L-O. The zoning of L-O is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 7. The subject property is within the city limits of the City of Meridian. 8. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The applicant proposes to develop the subject property in the following manner: A multi-family residential subdivision with eighteen (18) buildable lots and three (3) common/other lots. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Thomas Mannschreck expressed in his letter dated February 5, 2004. 12. 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 FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 3 OF 7 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. 13. 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. 14. 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. 15. 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. 16. The applicant has not provided sufficient information as to the compatibility of the multi-family use in this particulaz azea. 17. It is not in the best interests of the City of Meridian to approve the preliminary plat applicatiori. CONCLUSIONS OF LAW The City of Meridian may take judicial notice of government ordinances, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 4 OF 7 policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. 4. The City Council's authority to make and enforce the Meridian City Code as provided for in Meridian City Code Section 12-3-5. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order that the Council does hereby deny the application for preliminary plat approval for the following reasons: 1. This proposed project is part of the Tramore Subdivision, atwo-lot preliminary/final 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 5 OF 7 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-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 ofprivate 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 preliminary plat application. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 6 OF 7 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 regulaz meeting held on the ~~day of /2 , 2004. B y de a •d Mayor, Ci Meridian Copy served upon Applicant, the Planning and Zoning Department, Public and City Attorney. BY: ~---~ I Dated: City Clerk Z:\WorkU4UvleridianVNeridian 15360M\Roundtree Sub PP-03-045 CIJP-03-069 Denial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) ~,~~y pF MfI~~~.,,~ C1' ~'°~~rF'ti ~ ~ 9~ ~~ ~TtST ,1 ~, PAGE 7 OF 7