HomeMy WebLinkAboutSouthwoods Subdivision PP-04-007
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST)
FOR PRELIMINARY PLAT FOR )
SOUTHWOODS SUBDIVISION )
)
)
CALDERWOOD COMMUNITY, LLC, )
)
)
)
)
APPLICANT
CIC 06-01-04
CASE NO. PP-04-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF PRELIMIARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on June 1,2004, at the hour of7:00 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 Steve
Siddoway for the Planning and Zoning Department, Police Chief Bill Musser, Rob Perez, Doug
Clegg, Scott Stewart, Lester Britton, Richard Openshaw, Gary Phillips, and Blaine Bennett,
testified at the hearing, and the City Council takes judicial notice of its action ofthe denial of the
application for rezone in Case No. RZ-04-004, and the City Council based upon its Findings of
Fact and Conclusions of Law and Decision and Order in Case No. RZ-04-004 does hereby deny
the application for preliminary plat approval.
FINDINGS OF FACT
1.
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 PRELIMINARY
PLAT FOR SOUTHWOODS SUBDIVISION
BY: CALDERWOOD COMMUNITY. LLC - (PP-O4-004)
PAGElOF4
preliminary plat due to the denial of the rezone in Case No. RZ-04-004 due to the following:
1.
That the application for preliminary plat is denied for the following reasons:
a)
The City c.ouncil recognizes the letters and emails of concern ITom
neighbors in the adjoining Meridian Greens Subdivision.
b)
The R-IS zoning would be incompatible with the surrounding single
family residential properties, as there has been no change in the area to
justify the R-lS zoning and the area is designated on the Land Use Map as
Medium Density Residential.
c)
The proposed use of the Alzheimer facility would not be harmonious nor
appropriate with the existing character of the general vicinity, MCC Il-
lS-II.
d)
The proposed Alzheimer facility would be disturbing and noise to the
surrounding and adjacent neighbors due to the shift changes of employees,
headlights ITom traffic going in and out of the facility, noisy patients,
garbage pickup services, security isssues, etc. Additional information is
needed on whether noise ITom the facility would affect the proposed
residential uses.
e)
There has not been an application for a Comprehensive Plan Amendment
by the applicant.
f)
The applicant has not provided sufficient information as to the
compatibility of residential zoning in this particular area.
g)
It is not in the best interests of the City of Meridian to rezone this
property.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR SOUTHWOODS SUBDIVISION
BY: CALDERWOOD COMMUNITY, LLC - (pP-04-004)
PAGE 2 OF 4
the rezone in Case No. RZ-04-004 the Council does hereby deny the application for preliminary
plat approval for the following reasons:
1.
g)
That the application for preliminary plat is denied for the following reasons:
a)
The City Council recognizes the letters and emails of concern ITom
neighbors in the adjoining Meridian Greens Subdivision.
b)
The R -15 zoning would be incompatible with the surrounding single
family residential properties, as there has been no change in the area to
justify the R-15 zoning and the area is designated on the Land Use Map as
Medium Density Residential.
c)
The proposed use of the Alzheimer facility would not be harmonious nor
appropriate with the existing character of the general vicinity, MCC Il-
lS-II.
d)
The proposed Alzheimer facility would be disturbing and noise to the
surrounding and adjacent neighbors due to the shift changes of employees,
headlights ITom traffic going in and out of the facility, noisy patients,
garbage pickup services, security isssues, etc. Additional information is
needed on whether noise ITom the facility would affect the proposed
residential uses.
e)
There has not been an application for a Comprehensive Plan Amendment
by the applicant.
f)
The applicant has not provided sufficient information as to the
compatibility of residential zoning in this particular area.
It is not in the best interests of the City of Meridian to rezone this
property.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR SOUTHWOODS SUBDIVISION
BY: CALDERWOOD COMMUNITY, LLC - (PP-O4-004)
PAGE 3 OF 4
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 govenúng 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 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 22t1!f¡ay of
J~
,2004.
Attest:
By: ,~\ 0'-.. JY\..=¡ 'u. Q..Q/VL.,
City Clerk's Office
Dated:
1-2-04
Z:\WorklMlMeridianlMeridian 15360MlSouthwoods Sub RZ-O4-004 PP-Q4-007 CUP<J4-008 Denial FindingslFFCLOrdDenyPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR SOUTHWOODS SUBDIVISION
BY: CALDERWOOD COMMUNITY, LLC - (pP-O4-004)
PAGE 4 OF 4