HomeMy WebLinkAboutStapleton Subdivision CPA03-003~~CEIV~_
DEC 3 1 2003
Ciiy Of Meridian
City Clerk Office
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10-21-03
C/C 11-05-03
C/C 12-09-03
C/C 12-16-03
Revised per P & Z 12-29-03
IN THE MATTER OF THE
REQUEST FOR AMENDMENT TO
THE TEXT OF THE
COMPREHENSIVE PLAN TO
ALLOW NEW RESIDENTIAL USES
WITHIN THE MIXED USE WASTE
WATER TREATMENT PLANT
ZONING DESIGNATION FOR
PROPOSEDSTAPLETON
SUBDIVISION LOCATED AT 3680
~~'EST USTICK ROAD, MERIDIAN,
rDAHo
Case No. CPA-03-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF COMPREHENSIVE
PLAN AMENDMENT
BY ~VARDLE AND ASSOCIATES
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Comlcil,
on October 21, 2003, and contimied until November 5, 2003, December 9, 2003, and December
16, 2003, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian,
Idaho, and the hearing was opened on the comprehensive plan amendment application, and Anna
Powell, Planning Director for the Planning and Zoning Department, Brad Watson, Jon Wardle;
Rhonda Leighton, Jake Centers, and Charles Crane, appeared and testified at the hearing, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
WARDLE AND ASSOCIATES -PROPOSED
STAPLETON SUBDIVISION
PAGE 1 OF 4
City Council based upon the testimony presented at the hearing does hereby deny the application
for comprehensive plan amendment approval.
FINDINGS OF FACT
It is found that the Recommendation To City Council of the'Plaaning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
comprehensive plan amendment due to the following:
1. The Applicant requested the Mixed-Use Waste Water Treahneut Plant text be
replaced with new residential uses with a Conditional Use Permit within the mixed
use WWTP designation on the subject property, and which new residential uses
within the mixed use WWTP designation would indeed require an amendment to the
Comprehensive Plan as determined by City ordinance.
2. The current Comprehensive Plan adopted August 6, 200?, prohibits any new
residential uses within the area designated as "Mixed Use-Wastewater Treatment
Plant" on the Future Lane Use Map. (See Chapter VII, C1., 3'~d bullet, pg. 98.)
3. The proposed text change within the accompanying Stapleton Subdivision
applications would, in fact, require an amendment to the Comprehensive'Plao as
determined by City Ordinaa7ce.
4. The requirements for a Comprehensive Plan are set forth in LC. § 67-6508.
The proposed Comprehensive Plan text amendment could possibly be incompatible
with the existing Waste Water Treatment Plant to th north and area pursuant to noise
and odor issues which need to be addressed before t e proposal can be acted upon by
the City Council. Therefore, further studies shall beII required pertaining to the noise
and odor produced from the Waste Water Treatmentll Plant, and which studies shall be
provided by the Public Works Department. After the noise and odor studies are
complete, the City Council shall review the information and determine if a market is
necessary.
6. Without additional information showing how residential uses would be compatible
with the WWTP, the proposed new residential uses designation is not reFlective of the
City of Meridian's vision for that particular area, and therefore, the amendment
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
WAKDLE AND ASSOCIATES -PROPOSED
ST.4PLETON SUBDIVISION
PAGE 2 OF 4
change is not necessary based upon the land use plan for that area as planned for
within the Comprehensive Plan adopted on August 6, 2002.
The City Council recognizes the opposition letter which has been entered into public
record from Tara Parsons dated October 16, 2003, and the approval letters which
have been entered into public record for the Stapleton Subdivision from Claudina
Engle dated September 16, 2003, and Ruth Wilkins dated September ] 5, 2003.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for comprehensive plan amendment approval.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 5na1 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 maybe filed.
Please take notice that this is a fmal 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AN D DECISLON AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
R'ARDI,E AND. ASSOCLATES -PROPOSED
STAPLETON SUBDIVISION
PAGE 3 OF 4
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter ~2, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~~~ day of
CTGfiY~ , 2004.
By: ~ _
ROBERT . CORRIE
Mayor, City of Meridian
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Attest: ~` ~~~RpQ~r ~1i 4~
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William G. Berg, Jr., Ci y Clerk ",''yp9 T tst ~1 Q~~~.`~
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney. 55~u~1~11 ~i uLlll
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By' ,,t,~„/~'/~-+ ~ ~- Dated: -~'~~¢
City Clerk - _
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
V/ARDLE AND ASSOCIATES -PROPOSED
ST.APLETO V SUBDIVISION
PAGE 4 OF 4