HomeMy WebLinkAboutBlooming Meadows EstatePP03-012BEFORE THE MERIDIAN CITY PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR A PRELIMINARY PLAT )
APPROVAL OF 62 BUILDING LOTS AND 8 )
OTHER LOTS ON 11.3 ACRES IN PROPOSED)
BLOOMING MEADOWS ESTATES )
SUBDIVISION, LOCATED AT 4379 NORTH )
LOCUST GROVE ROAD, MERIDIAN, IDAHO)
THE CUTTING EDGE, LC, )
APPLICANT. )
Case No. PP-03-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DENIAL
OF PRELIMINARY PLAT
The above entitled preliminary plat application having come before the Meridian
Planning & Zoning Commission on June 5, 2003, at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the Commission
having received the report of Steve Siddoway Planner II for the Meridian City Planning
& Zoning Department, and Bruce Freckleton, Engineering Technician III, and Anna
Powell Planning Director for the Planning and Zoning Department, Steve Siddoway,
Lloyd Pack, Norm Failing, Steve Sherer, Chris Rambo, John Montony, and Lonnie
Johnson, appeared and testified, and the Commission having duly considered the matter
makes the following findings of Fact and Conclusions of Law and Decision of Order.
FINDINGS OF FACT
1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision
and Development Ordinances, codified at 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.
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2. Staff has complied with the requirements of LC. §§ 67-6509, 67-6~ 12, and §§ 11-
2, 11-3 and 11-9-4 of the Meridian City Code.
3. The Planning and Zoning Commission 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 applicant is The Cutting Edge, LC whose address is 770 W.1VIcMillan Road,
Meridian, Idaho 83642.
5. The owners of record are Carl and Bonnie Reiterman whose address is 770 W.
McMillan Road, Meridian, Idaho 83642.
6. The proposed subject property is located at 4379 North Locust Grove Road, on
the west side of Locust Grove Road, approximately''/a mile south of McMillan Road, and
is within a RUT (Ada County) zone. However, the applicant has submitted an
application, AZ-03-011, to rezone the property to R-8 and R-15. The property is
surrounded by the following properties:
North: Havasu Creels Subdivision, zoned R-4 and Rural Residence, zoned RUT
(Ada County)
South: Rural Residence, zoned RUT (Ada County)
East: Heritage Subdivision, zoned RUT (Ada County)
West: Havasu Creek Subdivision, zoned R-4
7. The applicant is requesting approval of 62 building lots and 8 other lots on 11.3
acres located on the west side of Locust Grove Road, just south and east of Havasu Creek
Subdivision. The proposed 62 building lots include 30 townhouse lots in a proposed R-
15 zone and 32 single-family lots in a proposed R-8 zone.
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8. The net density of the project is 6.38 d.u./acre in the proposed R-8 zone and 9.11
d.u./acre in the proposed R-15 zone. These proposed densities are in harniony with both
the zoning districts and the Comprehensive Plan.
9. With the testimony presented at the hearing, there is cause for concern pertaining
to access onto Locust Grove Road with the present traffic flow, and when the future build
out of both Havasu Creek and Heritage Commons Subdivisions is completed, traffic will
greatly impact the surrounding area as far as access onto Locust Grove Road.
10. With the number of concerns from the surrounding and adjacent neighbors on this
project, a neighborhood meeting needs to be set up to provide answers to the neighbors
questions on this project.
11. The applicant will need to get the cooperation of the owners of the ouC parcels to
annex, and also submit proof that the lot split is legal.
12. The Planning and Zoning Commission recognize the concerns of Steve Sherer
expressed in his letter dated June 5, 2003.
CONCLUSIONS OF LAW
1. That §§ 12-3-3 J 3. and 12-3-3 3.of the Meridian City Code establishes the factors
involved in a determination of the Commission as to whether to grant or deny a
preliminary plat.
2. That the provisions of §§12-3-3 J 3. and 12-3-3 3. of the Meridian City Code
apply to the present application.
3. That some of the factors to be considered by the Commission in its determination
of a Preliminary Plat application is the conformance of the subdivision, the availability of
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public services, continuity of the proposed development, public financial capability, and
the health, safety or environmental problems from the proposed project.
5. That the Applicant has not provided sufficient proof to show safe access onto
Locust Grove Road, nor has the applicant met the concerns of the surrounding and
adjacent neighbors in the affected area.
6. That the neighboring property owners have provided sufficient evidence before
the Commission to show the probability if the preliminary plat application, if allowed,
would have an adverse impact to properties in the affected area.
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE
APPEARING, the above named Applicant is denied the Preliminary Plat for reasons
stated above.
The Planning & Zoning Commission of the City of Meridian hereby adopts and
approves this Decision and Order of Denial.
By action of the Planning and Zoning Commission at its regular meeting held on
the ~q~'` day of June, 2003.
ROLL CALL:
COMMISSIONER DAVID ZAREMBA VOTED
COMMISSIONER LESLIE MATHES VOTED ~QC~
COMMISSIONER JERRY CENTERS VOTED~24~
COMMISSIONER MICHAEL ROHM VOTED '~
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CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED
DATED: (,p -/x}-03
MOTION: APPROVED:` DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney offic~tt""`""~ ~ ~""'~~,,
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By: SYIGA'i~'IUY/~7~1 ~~ Dated: -~~ 03
City Clerk _ ~~~1,
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