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Home My WebLink AboutSadie Creek Subdivision CUP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Preliminary Plat Approval of 30 Multi-Family Lots, 7 Commercial Lots and 6 Common/Other Lots on 10.05 Acres, and Detailed Conditional Use Permit Approval of 120 Multi-Family Units and Conceptual Approval of 7 Commercial Pad Sites in the CoG Zone for Sadie Creek Subdivision, by FOLIO, Inc. Case No(s). PP-04-021, CUP-04-023 For the City Council Hearing Dates of: September 7, 2004 and September 21, 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 dilly considered by the Planning and Zoning Commission at the August 5, 2004 public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. The matter was duly considered by the City Council at the September 7,2004, and September 21,2004 hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. c. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). d. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for denial of the Conditional Use Permit to the City Council, and denied the requested Preliminary Plat. The applicant filed an appeal CITY OF MERlDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O4-021 / CUP-O4-023 - PAGE I of4 of the Planning and Zoning Commission's denial decision and the City Council granted the applicant's appeal on September 7, 2004. e. The City Council heard and took oral and written testimony 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 Meridian 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 verified that the property owner(s) of record at the time of issuance of these findings is Janet Ruwe. Janet Ruwe has provided notarized consent for FOLIO, Inc. to submit these applications. 4. Required Findings per Zoning and Subdivision Ordinance a. The City Council was unable to make the required findings of approval for the subject Conditional Use Permit and Preliminary Plat. 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 ofthe 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 ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of Preliminary Plat and Conditional Use Permit denial in accordance with this Decision, which shall be signed by the City Council, the Mayor, and the 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 Deed and Legal Description in Exhibit A, the Preliminary Plat prepared on 5-12-04, and the Site Plan prepared on 5-10-04, revised on 7-22-04 and 8-03-04 and stamped revised on 8-03-04 as shown in Exhibit B. CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O4-021 / CUP-04-023 - PAGE 2 of4 C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § l2-3-3.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 prepared on 5-12-04 is hereby denied for the following reasons: a. The proposed roadways are not entirely within the boundaries ofthe property; b. The required landscape buffer to the north is not being provided. 2. The applicant's Site Plan for the Conditional Use Permit prepared on 5-10-04, revised on 7-22-04 and 8-03-04 stamped revised on 8-3-04 is hereby denied for the following reasons: a. There is inadequate buffering for transitional densities to the west; b. Proposed traffic patterns; and, c. The concerns regarding density and cut-through traffic expressed at the hearing by nearby property owners. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 goveming 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: Exhibit B: Deed and Legal Description (3) Preliminary Plat/Site Plan (2) CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-04-021!CUP-O4-023 - PAGE 3 of4 J'~01} of the City Council at its regular meeting held on the I:J.e.- , 2004. I z -I'!- day of COUNCILMAN SHAUN WARDLE VOTED~ EXXJNCILMAN BILL nARY ','O::rED- COUNCILMAN CHARLIE ROUNTREE (ABSENT) VOTED *....... VOTED* COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Attest: and City Attorney. By: j~Ql :fJJ\ ~ City Clerk's Office Dated: 10-26-0-4 CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O4-021 / CUP-04-023 - PAGE 4 of 4 EXHffiIT A See Attached Deed and Legal Description (3) --------- ~ -ift:&rï A (I) TIùs document is being re-recorded to COIrect an en'or in the legal description-the last call was omitted, -' --' --_.R~..4.AI>------a~-CDUlß'YRECGIIØEII IlAWJØ/lAwuiø ADA CØUIfI'Y RECØIIDEII J.IlAVID /lAYAftIIO 8O11e JÐAHO :&& PM BOISE IDAKOJII23/D4 It" PM DEPUTY hnall IIg :eo~=f 111110111IHII_...II_181111 =DED- _I Of IIIIIIIIIII!III MarbllDdsulVl!inl ië.iVi9993 A D.m AMDIINT D.oo QUITCLAIM DEED --- This indenture is made, as of the date set furth below, by and between JANET RUWE, aD unmarried penon and qMGoRY L. EAGY aDd CHANDRA J. J!fA¡GY, husband and wife, GRANTORS, and GRANrEB/ JANET RUWE, an unllllllTied person, those address is 2935 N. Eagle Road, ~ Idaho, 83642. 1ÝIer,d" er IqJ) WITNESSETH: That the GRANTOR. for value received, does hereby oonvey, release, remise and forever quitclaim unto GRANTEE, and to the heirs and assigns of the GRANTEE, all of the right, title, and interest held by GRANTOR in and to that certain real property situated in the county of Ada, state of Idaho, shown as Parcel D on Record of Survey No. 6418, Instnunent No. 1040 16722, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. Together with the tenements, hereditaments, and appurtenances thereunto belonging or appertaining, and the reversion and reversion&, remainder and remainders, rents, issues, and profits thereof. To have and hold said premises, together with the appurtenances, unto the GRANTEE, and to the heirs and assigns ofGRANlEE, forever, fA ~s WHBRE~the GRANTOR has executed thi.' s conveyance as of the c:llLdayof 200 . ~ W or ~f#rrb-rr 1f (i)--- --_u_- STATEOFIDAHO ) County of ADA ) On this~da.yof~ 200.1 before me, the undersigned, a NotllI}' Public ÙI and for said State, personally app~T RUWE, aD uDmarried persOD, known to me to be the person whose name js subscn'bed to the foregoing instrument and acknowledged to me that she executed the same. ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ JiJkvd.Ú ~tary c for Idaho Res"ding t So . 1 a "UI Commission Expires: r I 'õral (lq STATBOFIDAHO ) County of ADA ) Public in and ~:¡s~~~;;:~ ~~íÝ t~f~:;:~ ~:¡~~~~, busbaad aDd wife, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ....uu...... ß,G 1 ~JJf~, ~ ~\ ~OTA1t¡. \ \ i* -.- .*5 J>l1B1..\C I \~11)i ÕF~" """.u.."" QUITCLAIM DEED 88. ~ cPt ì1vr Notary' c for Idaho Residing al ~ Commission Expinls: 1- 2.1- 2.Þb'i --- . ~~~rT ~ tl) Colleen Marks, LS. 7045 . 6405 Ustlck Road. Boise, Idaho 83704 Phone: (208) 378-7703 . Fax: (208) 378-7759 . Emall: marksls@veloc/tus.net PROPERTY DESCRIPTION PARCEL "D" A parcel ofland lying in the NBl/4 NE1/4 of Section 5, T.3N., R.IB., B.M, Ada County, Idaho, said parcel being more particularly descn'bed as follows: Commencing at a found Brass Cap markiug the NB.Comer ofsaid Section 5, T .3N" R.JE., 8M., Ada County, Idaho, said Bmss Cap "-s N.S9°39'20"E- 2656.46 feet fi'om a set SI8" iron pin marking the NJ/4 Comer of said Section 5, saidBmss Cap also beamN.OOooO'OO"W. 2611.41 foet (formerly 261 1.50 feet)fi'om a found Brass Cap marking the B1I4 Comer of said Section 5; thence S.OO"OO'OO"B. 955.14 feet along the east boundary of the saidNBJ/4 NBII4 of Section 5 to a point; thence N.S3°54'OO"W. 63.41 feet to a set 5/S" iron pin lying on the westetly right of way of State Highway 55 (Eagle Road), said pin also marking the REAL POM OF BEGINNING: thence N.S3°54'OO"W. SO.59 feet to a set SISo iron pin; thence N.64°II 'OO"W. 79.87 feet to a set SI8" iron pin; thence S.S9"S4'OO"W. 200.00 feet to a set 5/S" iron pin; thence N.1go07'00"W. ~19.oo feet to a set 518" iron pin; thence S.71"06'00"W. 267.75 feet to a set SI8" iron pin; thence S.S7"06'OO"W. 335.19 feet to a set 518" iron pin lying on the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence N.OO"IS' I I "W. 560.14 feet along the said easterly boundary of Carol's Subdivision No.2 to a set 518" iron pin; thence 8.7102S'lO"E. 803.90 feet to a set 518" iron pin; thence 8.S3°54'oo"£. 510.21 feet to a set 5/S" iron pin lying on the said westerly right of way of State Highway 55 (Eagle Road); SUBJECI' TO AND/OR TOGETHER W1TH: Any easements or rights of way of record or in USe. PBA RuM Parcel D_doc -I - EXHIBIT B See Attached Site PlanlPreliminary Plat (2) ~ß(t) -j ~ I G~ I' 0~ I 0~ .J J i I 0~ I '" @IÌ 01i I 01i i Š í 0 . ¡¡j 04 0~ ¡ . 15 I /Ii I 0. 04 I I GIj 04 I @~ I il "I I glUijl'nlh III:I! i i01>~ i ~:~ 0~ Ii r Ð4 I i! "'.... -~ ILl ëi « if) - I . 'YII' í!._------. _.._---_.~=;.,.,.~ ."'-.,---.--.-------!j . .I'f.':... . ! I S , I I I I ip 01 .. I ~ ';-1111.. d!1 : í' i :.:: ,¡"Iii' ~ /J I.' ~ 0 0 .ll id ~ ¡ ~ h L. i! II ;¡ I' al Hill! ; I , G G' 1/ !Il{.i i Ii ~I' i,f Iii!!! ~~!ib II '\ e ~i! \ ~.. §! : ~ -~) -"----""---..---.... ...-- .,-- . _"m "-..... -"--"-' '--"- .......-.. ~ ...... .....~ I : - I fn¡ll,n 'I! . IIII¡1110u . ~ c::> .-; ¡;¡ is ~ ¡: <:>..... &J j ~ "',â ~~ iS~.;;3 In"'" Iñ" ,- ~CI¡ :1:::::-~~" ~~ ¡¡¡",<iz8 ¡¡,;¡ "z ,§N ~~ : ~~.. ~t."j ¡:; !i ~ ê ~ ë3 ~ '3 Ii @ § - I ¡jlb!,1 fu¡i @ 31 ~ !~i i~ifi ~ U¡bl ell ..A-:-'