HomeMy WebLinkAboutClearbrook Estates PP Denialinteroffice
MEMORANDUM
To: William G. Berg, Jr. ~' "'°"' ~E1 VE~
From: Wm. F. Nichols ~~~ Z 8 2003
City Of Meridian
Subject: Clearbrook Estates Subdivision / PP-03-007 City Clerk Office
Date: July 28, 2003
Will:
Pursuant to City Council's action at their July 22, 2003, meeting, pertaining to the
Preliminary Plat application by R.K. Development, LLC for the proposed Clearbrook Estates
Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF
PRELIMINARY PLAT in Clearbrook Estates Subdivision.
This may be presented to the Mayor to obtain his signature, and after you have
executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works
and the City Attorney.
If you have any questions please advise.
Z:\WorkN1\Meridian\Ivferidian I5360M\Clearbrook Estates Sub PP-03-0O7 VAR-03-012 Deuial of PP and VAR\ClerkDenialPP Memo 07 22
03.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-15-03
C/C 07-22-03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR CLEARBROOK
ESTATES SUBDIVISION,
LOCATED WEST OF NORTH
MERIDIAN ROAD AND SOUTH OF
WEST USTICK ROAD, MERIDIAN,
H)AHO
BY: R.K. DEVELOPMENT, LLC
APPLICANT
Case No. PP-03-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on July 15, 2003 and continued until July 22, 2003, at the hour of 7:00 o'clock p.m., at the
Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice,
and the hearing was opened on the preliminary plat application and Anna Powell Planning
Director for the Planning and Zoning Department, and Brad Hawkins-Clerk Planner III for the
Planning and Zoning Department, and Brad Watson City Engineer, and Bruce Mills, Richard
Cook and Chris Broer, and the City Council based upon its Findings of Fact and Conclusions of
Law and Decision and Order in this matter, does hereby deny the application for preliminary plat
approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDNISION
(PP-03-007)
PAGE 1 OF 3
FINDINGS OF FACT
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
preliminary plat due to the fact that the present traffic design in this plat is inadequate, as well as
a potential traffic hazard. To address this issue, the applicant needs to supply better traffic
methods that show significant traffic calming devices within the subdivision.
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 fact that
the present traffic design in this plat is inadequate, as well as a potential traffic hazard, the
Council does hereby deny the application for preliminary plat approval.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDIVISION
(PP-03-007)
PAGE 2 OF 3
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe 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 maybe 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 day of
2003.
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
ZP,WorkVNVNeridianN4eddian 15360M~Clearbrook Estates Sub PP-03-007 VAR-03-012 Denial of PP and VAR\FFC1ArdDenyPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDNISION
(PP-03-007)
PAGE 3 OF 3