HomeMy WebLinkAboutCold Creek Subdivision PP 06-064
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY PLAT
FOR APPROVAL OF 16 SINGLE
F AMIL Y BUILDING LOTS AND 4
COMMON/OTHER LOTS ON 4.01 ACRES
FOR COLD CREEK SUBDIVISION
APPLICANT
C/C 04/17/07
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Case No. PP 06-064
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
DECISION AND ORDER
DENIAL
The above entitled matter having come on for public hearing before the Meridian
City Council on April 4, 2007, at the hour of7:00 o'clock p.m. at Meridian City Hall, 33
East Idaho Avenue, Meridian, Idaho. Caleb Hood, appeared on behalf of the Meridian
Planning and Zoning Department, and Ryan Carnie of Lochsa Engineering, appeared and
testified on behalf of BSC, LLC, and the City Council having duly considered the
evidence and the record in this matter therefore make 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 hearings scheduled for April
3,2007, before 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR COLD CREEK SUBDIVISION; CASE NO. PP-06-064
PAGE J OF 5
ofthe external boundaries of the property under consideration more than fifteen (15) days
prior to said hearings and with the notice of public hearings 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
on April 3, 2007, public hearing; and the applicant, affected property owners, and
government subdivisions provided 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 9967-6509 and 67-6511, and 911-5A, 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 4.01 acres in size and is generally located at
on the north side of West Ustick Road, approximately 1/3 mile east ofN. Ten Mile Road,
Meridian, Idaho, in Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho.
5. BSC, LLC, whose address is 737 N. ih, Boise, Idaho 83702, is the current
property owner and the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR COLD CREEK SUBDIVISION; CASE NO. PP-06-064
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6. The subject property was previously annexed into the City and zoned R-4
but was not platted.
7. The Applicant proposes to develop the subject property in the following
manner: Medium-Low Density Residential District.
8. This property is proposing sewer service to a 30-inch trunk main on the
north side of Five-Mile Creek.
9. This property is proposing water service via the 12-inch main in Ustick
Road.
10. There is a need for a sewer easement through the property to the north
prior to construction plan approval.
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
(LC. 967-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code
Title 50, Chapter 13 and all the findings listed in Section 11-5A ofthe UDC to review the
preliminary plat request. In order to grant a preliminary plat, the Council shall make the
following findings:
a. The plat is in conformance with the Comprehensive Plan;
b. Public Services are available or can be made available and are adequate to
accommodate the proposed development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR COLD CREEK SUBDIVISION; CASE NO. PP-06-064
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c. The plat is in conformance with scheduled public improvements in accord
with the City's capital improvement program;
d. There is public financial capability of supporting services for the proposed
development.
e. The development will not be detrimental to the public health, safety or
general welfare; and
f. The development preserves significant natural, scenic or historic features.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application preliminary plat is denied for the following reasons:
The proposed preliminary plat request will require that a sewer easement through
the property to the north prior to construction plan approval. This 20' foot
common area will become an attractive nuisance and there is not an alternative
source that will satisfy this particular plat option.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR COLD CREEK SUBDIVISION; CASE NO. PP-06-064
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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 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 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 this decision may, within
twenty-eight (28) days after the date ofthis 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 24-1ay of
April, 2007.
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Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By~1R~
City Clerk's Office
Dated: 4 - 21o - 0,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR COLD CREEK SUBDIVISION; CASE NO. PP-06-064
PAGE 5 OF 5