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Home My WebLink AboutKingsbridge Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request for a Preliminary Plat of 237 single-family residential building lots and 21 common lots on 76.777 acres in a proposed R-4 zone for Kingsbridge Subdivision. Case No(s). PP-04-030 For the Planning & Zoning Hearing Date of: September 16,2004. A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning & Zoning public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67-6509. The matter was duly considered by the Planning & Zoning Commission at the September 16, 2004 public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City ofMeòdian were given full opportunity to express comments and submit evidence. b. The Planning & Zoning Commission heard and took oral and written testimony, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meòdian City Code §§ 11-15-5 and 11-17-5. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report, it is hereby veòfied that the property owner(s) of record at the time of issuance of these findings include David L. and Kathleen S. Palfteyman, David A. and Janie Teeter, and Jae-D Acres, Inc. All owners have provided notaòzed consent for Vision First, LLC to submit these applications. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-O30 - PAGE 1 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for denial. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. Due consideration has been given to the comment(s) received ftom the governmental subdivisions providing services in the City ofMeòdian planning jurisdiction. 4. That the City has issued an order ofPP denial in accordance with this Decision, which shall be signed by the Planning and Zoning Commission Chairman and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 5. That this denial is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 7/14/04 and stamped revised on 8/24/04 as shown in Exhibit B. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 12-3-3.J and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat dated 7/14/04 and stamped revised on 8/24/04 is hereby denied for the following reasons: a. The Commission recommended denial of the annexation because the annexation is not in the best interest of the City. If the property is not annexed, the City does not have jurisdiction to approve the plat. b. The outstanding legal issues may place the City in the position for a potential lawsuit. Without a legal decision stating that there is no need for the Dartmoor property to remain as open space until March of 2009, the Commission is not willing to annex or plat the property. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-O30 - PAGE 2 c. The plat needs to provide a better transition ftom the surrounding large lot subdivisions, both in terms of increasing the perimeter lot sizes and reducing the overall density. d. The issue regarding whether the proposed stub street to the east could ever connect to a public street needs resolution. e. The amount of projected traffic on Dartmoor Drive through the existing subdivision is unacceptable and needs to be decreased. D. Notice of Final Action and Right to Regulatory Takings Analysis I. 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. 2. 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Exhibit C: Preliminary Plat Preliminary Plat Findings for Denial By action of the Planning & Zoning Commission at its regular meeting held on the day of Oc.A-nb-vr , 2004. -¡ftL COMMISSIONER DAVID ZARMEMBA VOTED~ COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~ VOTED~ COMMISSIONER DAVID MOE COMMISSIONER MICHAEL ROHM VOTED ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF ]A W AND DECISION & ORDER CASE NO(S). PP-O4-030 -PAGE 3 CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED --- Attest: B y ~ 0. \'V\ ~ JH 1l\...- City Clerk Dated: \0- ~'5-()~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).PP-04-O30 -PAGE4 EXHIBIT A See Attached Legal Description FOX Land Su",eys~ Inc. 4696 Overland Rd, STE 182 tJ. Boise Idaho tJ. 83705" 208-342-7957 tJ. 208-342-7437 FAX PROPOSED KlNGSBRIDGE SUBDIVISION ANNEXATION DESCRIPTION LOT 11, BLocK 2 OF DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH Yz OF THE NORTHWEST Yo, AND, THE NORTH Yz OF THE NORTHWEST % OF THE SOUTHWEST %, SECTION 28, TOWNSHIP 3 NORTH. RANGE 1 EAST, BOISE MERIDIAN, ADA CouNTY, IDAHO Lot 11, Block 2 of Dartmoor Subdivision within a Portion of The South Yz of the Northwest %, and, the North Yz of the Northwest % of the Southwest %, Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northwest Comer of Section 28, Township 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap Monument marking the % Comer common to Sections 21 and 28 bean; South 89°36'03" East a distance of 2,657.34 feet; thence along the boundary common to Sections 28 and 29 of said Township and Range, South 00°27'43° West, a distance of 2,581.93 feet to the Westerly prolongation of the common boundary of Lots 11 and 16, Block 2 of Dartmoor Subdivision, the TRUE POINT OF BEGINNING; thence along said Westerly prolongation and the common boundary of said Lots 11 and 16, South 89°23'38° East, a distance of 673.24 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence along theboundaries of said Lot 11, Block 2 of Dartmoor Subdivision the following courses and distances: North 00.25'38" East a distance of 228.03 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612"; North 12°21'38" East a distance of 201.79 feet to the sòuthwest right-of-way of east Dartmoor Drive at a found 5/8 inch rebar with plastic cap stamped uDHR PlS 3624"; South 89°25'57" East a distance of81.12 feet to the northeast righi-at-way of East Dartmoor Drive at a found 518 inch rebar with plastic cap stamped "DHR PLS 3624"; North 46°52'10" East a distance of 164.01 feet to a set 5/8 inch rebar with plastic cap stamped "FlSI PLS 7612"; North 00°30'11" East a distance of 723.68 feel to the Northwest corner of said Lot 11 , Block 2 ot Dartmoor Subdivision, at a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612"; ÞI2I/ZI2I 39\7d :JNI SA3AèIflS CINIfl XO" LEÞLZÞE8121Z 121121 :91: ÞI2II2IUBEIJ¡;¡ thence along the Northerly boundary of said Lot 11,Block. 2 of Dartmoor Subdivision and the North 1/161h line of Section 28, South 89"30'16" East a distance at 1 ,741.56 feetto the Northeast corner of said Lot 11 and the Center-North 1/16111 cornerof Section 28, marked by a set 5/8 inch rebarwith plastic cap stamped "FLS' PLS 7612"; thence along the Easterly boundary of said Lot 11, Block 2 of Dartmoor Subdivision and the North-South center line of Section 28, South 00"29'23" West a distance of 1,325.46 feet to a found 1 inch Iron Pin with no cap, stamped "7612" marking the Southeast comer of said Lot 11 and the Center of Section 28; thence along the Southerly boundary of said Lot 11, the East-West center line of Section 28, and the Northerly boundary of Kunz. Hollow Subdivision, North 89"25'12" West, a distance of 1,328.13 feet to a found 5/8 inch rebar with plastic cap stamped "LS 2723" marking the Center-West 1/161h comer of Section 28 and the Northwest corner ofKunz Hollow SubdMsion; thence along the West 1/16th line of Section 28 and the Westerly boundary of Kunz Hollow Subdivision, South 00"33'59" West, a distance of661.38 feet to a found 518 inch rebarwith plastic cap stamped "EHM 3260" marking the Southwest comer thereof and the Northeast corner of Zaldien Zerua Subdivision; thence along the Northerly boundary of Zaldlen Zerua Subdivision and the Westerly extension thereof, North 89"21'45" West a distance of 1,328.54 feet a point on the Westerly boundary of Section 28 and the center line of South Eagle Road. marked by a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612"; thence along said Westerly boundary of Section 28 and the center line of South Eagle Road North 00"37'13" East, a distance of 720.65 feet to the TRUE POINT OF BEGINNING; Subject to existing easements and rights-ot-way as any may exist, of record or not of record. The Basis of Bearings for this descñption is between the found Brass Cap Monument marking the Northwest Comer of Section 28, Township 3 North, Range 1 East,Boise Meridian, and the found Brass Cap Monument marking the % Corner common to Sections 21 and 28 which bears South 89"36'03" East a distance of 2,657.34 feet. ftm'~".".'T.",;;". ;'¡~';:"\ -/ «\: '1~ '.ì \ \ ..~¿; "$ \ ~.t!. °' tU~~ ~,,¡y ~ -"....' Containing 3,344,428 square feet, 76.777 acres, more or less. Timothy J. Fox, PLS 7612 END OF DESCRIPTION TJF:~ W: 'I'mj_\2004\04-006. l'g\PlqjocflDesc:rptions\406-BDR Y .JJBSC. doc Þ0/E0 391i'd ONI SA3Aèlns aN\:'l XO-" LEÞLGÞE8Ø¡: ~~:qT "~~~"A~lm PROPOSED KJNGSBRIDGE SUBDIVISION ANNEXATION SKETCH seno'18"£ 1741.88' r-- -- --------- --- --I t . I ~ I. I I~ . ~ . II" : . I .. I i I I r -. - -- --.;¡.,-n -- -- _.J I 1328.13' by, fJi II)} ~~ I I I i Worn Dept. I t L J 4ÐII 2ØO SCALE: 1"=4~O' 8DO ---------------- . 8"21'48"£ 1328.84' 5.20 I 5.21 5.29 I s.2S - I I TRUE POINT 01 BEGINNING S81"æ'œ"£ 2857.34' N. S81'U'38"E --IZiJi:- (S ~ " (S ~ N co co "" >-' en co co N Oi) ro w "" N -.J "" W -.J " 0 X ç e UJ c: '" < fTI -< UJ H Z 0 " D G) fTI 408 ANNEX SIŒ'RJt.1Iw FOX LAND SURVEYS, INC. (S) "" ...... (S) "" EXHIBIT B See Attached Preliminary Plat DEVELOPMENT DATA =.~., -~'m.=., ,...~,-~., ~.~"'~'"" == == -~"""""'= -=_.æ ,-~ ~"..="", ZONING SJITßACKS DEVELOPMENT CONTACTS PRELIMINARY PLAT LOT 11, BLOCK 2 OF TIlE DARTMOOR SUBDIVISION WITHIN A PORTION OF TIlE SOU'IH 112 OF TIÌE NORTHWEST 1/4, AND TIlE NORm 112 OF TIJE NORTHWEST 1/4 OF TIlE SOUTHWEST 1/4, SECTION 28, TOWNSHIP 3 NORm, RANGE 1 EAST, BOISE S ~k.~A COUNTY, IDAHO -.--- .a.~= =Mo::.f"=~ - -.--- -_.~ ~~-..< .,._~~,. _._~~'oo =.;::,~ =.""¡;¡,,,,~ ã":a.='. ~"1"~~,. =.~,~ - "~W'-o" ' /. NOTES, ,~_..~oo_~_._~.-=~~ . ~=--~-=~,,~,._-~-- -~----o.~-oo_~~- ~--,. -----~-~~- ----~oo~-=-~~-- ~-~.. ....~'::¡,==~.~"::..--,~- ~ :""",L~..:.~= ':i::'.:.""=<":k -=.~~ . '-~O.~----._M'__- =.::\.. '::=.. ~ ~- ~ =". '=' - ~ - . -~-~-~,-_.~~--"'~._. ~..~-~- ,. ~~-_oo~--_._~~=~ _M^,__~_~,-- . ~-=-___Œ_~~,- ~.~~=~_M_~____.~oo ~=~--_._oo_~oo~- . ~-=-____Œ_~_~ ~~-=~--~~--.~oo ~=~--'_ro~-_ro~- ,. ~-=---_._~~ _.~~-_._--=.~-~.- "._~-~~-OO____Œ_=OO_- ~-^'-~--Œ_._~__~ --._~~---~--=-~~-- ------ "=""-,"~,,=,....,"a_..-.=..~.=,. ~'=.~'='.~a_~_,=".~..=...~. ="~"'="~"="~"="-"=,,_"M' =,._,,-~-~=-_._--_.., -"-~- '.=a~'_="~'--~'=~"_M_~ -_._~-~,------_.~ .~-~.~. -~--~-~~~ - ~-,~. -= - - - -. -. .--.-.-- 1-.---.-. -1-1 -= z 0 æ §:O êð ::>- [/) . r.1~ 88 SZP<: 1IIf%1 [/)::>i 0 ~ fl)J 1Mi.1 -'-...,. -~ KSK -~ KBK =0; -"'07-"'-'" PP-l PRELIMINARY PLAT LOT 11, BLOCK 2 OF THE DARTMOOR SUBDMSION WITIllN A PORTION OF TIIE SOUIH 112 OF TIIE NORTHWEST 1/4, AND TIIE NORTH 112 OF TIIE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 28, TOWNSInP 3 NORTH, RANGE 1 EAST, BOISE -f - .~ MERIDIAN'ADACOUNTY'IDAHO~~ ~- - f ,~~-~ . ~ . -. - - = - -- I .:::=::::: ~ . ".' ~ ------ I ,~."- ;' -" ., -,=- . "'._--~ ~:::-~.- = ---= ~-- ..::'".::: --- - TYPICAL PUBUC ROAD SECTION .~ro- ~-n.,. ~~ ~~~~~,?AD SECTION /KINGSBRlDGE DRIVE) LEG);:!ID ---- ---- 1---- I -=:;.: I I I I I I I L -::== ----F~- -;-~~~ --- ~m -- ~ --- --...;; 0.=:--=-... ü -::::..-:==~ i """"'- z sa rn §:o o:¡¡ §S rn - ~~ o~ 52fi1 12::0 ~ ~ i ì I .it ~ ", !!~ -'--...", -- KSK -- KSK --".""", PP-? PRELIMINARY PLAT LOT 11, BLOCK 2 OF THE DAR1MOOR SUBDIVISION ! WITHINAPORTIONOFTHE ì SOU1H1120FTHE ! NORTIIWEST 1/4. AND THE I NORm 112 OF THE . NORTIIWESTI/40FTHE SOUTIIWEST 1/4, SECTION 28, TOWNSHIP 3 NOR'I'!L RANGE 1 EAST, BOISE MERIDIAN. ADA COUNTY, IDAHO - LEGEND ==~~ - ----ib~~-- -;-'-~~:: ~Ë ~ '- --- ~.... ---- KEY MAP ~ '.~--.~. --.---- ~I-I = z 0 æ §:O Q~ §S r.n . ¡.)~ Or:¡ Q¡¡a 52r:¡ 1JJ:OÖ 0 z ¡¡¡ ~ ' i f J ~ ". !!~ PP-3 EXHIBIT C PRELIMINARY PLAT FINDINGS AND REOUIREMENTS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; The Commission finds that the requested density represents a one-step density increase per the City's Comprehensive Plan and Future Land Use Map for about 2/3 of the project area. The subject property is shown as Low Density Residential (less than 3 d.u./acre) for the northern 2/3 ofthe project and as Medium Density Residential for the southern 1/3 of the project. The proposed density-3.09 d.u./acre gross and 3.88 net-is a Medium Density. The Commission has determined that the requested one-step density increase is not justified, given the prevalence of 1 to 5 acre lots surrounding the subject property. b. The availability of pnblic services to accommodate the proposed development; The Commission finds that public services could be made available to accommodate the proposed development. If approved, the developer would finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. c. The continuity of the proposed development with the capital improvement program; The Commission finds that the. subdivision would not conflict with the capital improvement plan. Because the developer would be installing sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; The Commission finds that the development would not require major expenditures for providing supporting services. As noted above, the developer would finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. There will not be excessive additional requirements at public cost and the proposed plat would not be detrimental to the community's economic welfare. e. The other health, safety or environmental problems that may be brought to the Commission's attention. The Commission finds that the amount of traffic through Dartmoor Subdivision could pose a safety issue for existing residents. ACHD considers road safety issues in their analysis, but the ACHD report was not prepared prior to the Commission hearing. No hazardous natural features have been identified on the site, except that the effect of the grade differential between the proposed storrnwater detention pond in the northwest corner of the project and the adjacent lots in Dartmoor needs to be analyzed for potential impacts. ---