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Home My WebLink AboutMayfair Commons PP 03-017BEFORE THE MERH)IAN CITY PLANNING AND ZONING COMMISSION P/Z 08/07/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY PLAT FOR ) MAYFAIR COMMONS SUBDIVISION IN AN ) R-15 ZONE FOR WILDWOOD DEVELOPMENT,) LLC, LOCATED AT 1125 EAST PINE STREET, ) MERIDIAN, IDAHO ) Case No. PP-03-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF APPLICATION FOR PRELIMINARY PLAT The above entitled preliminary plat application having come before the Meridian Planning & Zoning Commission on August 7, 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 Wendy Kirkpatrick of the Meridian City Planning & Zoning Department, and Bruce Freckleton of the Public Works Department, and Anna Powell Planning Director for the Planning and Zoning Department, Gary Smith and Bruce Freckleton of the Public Works Department, Scott Beecham, Mark Smith, Don Wittlake, Larry Taylor, and Charles Crane, 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 DENIAL OF PRELIMINARY PLAT FOR WILDWOOD DEVELOPMENT, LLC PP-03-017 PAGE 1 OF 5 all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382. 2. Staff has complied with the requirements of I.C. §§ 67-6509, 67-6512, 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 Wildwood Development, LLC, whose address is 523 Rumpel Lane, Meridian, Idaho. The owner is Montague - Saurial, LLC, whose address is 5660 N. Star Ridge Way, Meridian, Idaho. 5. The proposed location for the preliminary plat is located at 1125 East Pine Street, Meridian, Idaho, and is within a proposed R-15 zone. The property on which the desired preliminary plat would be located is surrounded by the following uses: North: Pine Street borders the subject property directly to the north. Danbury Subdivision, asingle-family residential subdivision, is located north of Pine Street and is zoned R-4. South: Union Pacific Railroad tracks border the subject property directly to the south, property south of the railroad tracks is zoned I-L. East: Santee Business Park is located directly east of the subject property and is zoned I-L. West: Single-family residential zoned Rl (Ada County). 6. The principal permitted use of the subject property is Mixed Use Community, and is presently zoned I-L. DENIAL OF PRELIMINARY PLAT FOR WILDWOOD DEVELOPMENT, LLC PP-03-017 PAGE 2 OF 5 7. The proposed preliminary plat would be for 45 multi-family building lots and 14 other lots on 12.74 acres in the proposed R-15 zone. 8. Applicant's representative, Scott Beecham, was present at the August 7, 2003 hearing before the Commission to testify or to field questions and comments from the Commission. 9. The Commission received testimony from Mark Smith, General Manager for Basolite Concrete Products. Mr. Smith testified as to his opposition to the application due to its incompatibility with the surrounding industrial uses. Mr. Smith's letter of concern, dated August 7, 2003, was also placed into the record on this matter. 10. The Commission also took into consideration the testimony of Charles Crane, Don Wittlake and Larry Taylor, who are neighboring business owners. CONCLUSIONS OF LAW 1. That § 11-9-4 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.2 and 12-3-5 D of the Meridian City Code apply to the present application. 3. That in determining the preliminary plat acceptance the Commission has to consider the objectives of MCC Sections 12-3-3 J.2 and 12-3-5 D, and it finds that the configuration of the parking lot drive aisle presents serious safety issues. 4. That the neighboring business property owners have provided sufficient evidence before the Commission to show the probability that such a preliminary plat, if allowed, would have an adverse impact to the business properties in the affected area. DENIAL OF PRELIMINARY PLAT FOR WILDWOOD DEVELOPMENT, LLC PP-03-017 PAGE 3 OF 5 5. That the proposed preliminary plat use for the property is incompatible with the surrounding land uses, that the property is not properly zoned for this application. 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 the 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 7TH day of August, 2003. ROLL CALL: COMMISSIONER DAVID ZAREMBA COMMISSIONER LESLIE MATHES COMMISSIONER JERRY CENTERS COMMISSIONER MICHAEL ROHM VOTED VOTED ~GJ '~'Gt VOTED~r!v VOTED'-PiYt~ CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED L{'fCv DATED: ~- 2~~3 ~- MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. DENIAL OF PRELIMINARY PLAT FOR WILDWOOD DEVELOPMENT, LLC PP-03-017 PAGE 4 OF 5 ' 11111111111f11~1~ G ~°~p~TFo r_ ~ , p ~" SEAL By: ~ Y I,GIJi!/r'] Ol'1'~.t~ r ~ 1 f ~y1u;{ 9 Dated: ~ - 2~-O City Clerk ~ ; y °c~sT sj , ,Ap ~~ ~ ~ P ,c 9 ,, , Z:1Work~MN4eridian~Meridian 1536DMN-tayfair Commons Su~ R2-03-0OBIti~-03A17 CUP-03-032~PP Denial P & Z Findings.doc DENIAL OF PRELIMINARY PLAT FOR WILDWOOD DEVELOPMENT, LLC PP-03-017 PAGE 5 OF 5