HomeMy WebLinkAboutStapleton Sub CUP 03-034RECEIVED
FEB 0 6 2004
interoffice C.iv Of Meridian.
MEMORANDUM CAQt CIerk Office
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES / CUP -03-034
Date: February 6, 2004
Will:
Pursuant to City Council's action at their January 27, 2004, meeting, pertaining to
the Rezone application by Wardle & Associates for the proposed Stapleton Subdivision, and
Coru-ici 1's denial thereof, please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT in Stapleton Subdivision.
This may be presented to the Mayor to obtain her signature only after the City
Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and
Order of Denial in Case No. RZ-03-009 and then action upon Case No. PP -03-019. .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\Work\M\Meridian\Meridian 15360M\Stapleton Sub CPA -03-003 RZ-03-009 PP -03-019 CUP-03-034\CIerk Denial CUP Memo 02 05 04 (Inc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT
FOR A PLANNED DEVELOPMENT
FOR STAPLETON SUBDIVISION
WARDLE & ASSOCIATES,
APPLICANT
C./C 01-27-04
CASE NO. CUP -03-034
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF CONDITIONAL
USE PERMIT
The above entitled matter coming on regularly for public hearing before the City Council
on October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16,
2003, and January 27, 2004, 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 of its action of the denial of
the application for rezone in Case No. RZ-03-009, and the hearing was opened on the conditional
use permit application and Brad Watson City Engineering for the Public Works Department,
William Banko, and Jake Centers, testified at the hearing, and the City Council based upon its
Findings of Fact and Conclusions of Law and Decision and Order in Case No. R7_-03-009 does
hereby deny the application for conditional use permit approval.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE l OF 5
conditional use permit due to the denial of the rezone in Case No. RZ-03-009 due to the
following:
That the application for conditional use permit is denied for the fotlowing reasons:
a. The Applicant requests zoning of the subject real property as R-8, which is
consistent with their application for a comprehensive plan amendment, but
said comprehensive plan amendment was denied, (Case No. CPA -03-003), as
the residential uses with a Conditional Use Permit within the mixed use
WWTP designation would require an amendment to the Comprehensive Plan
as determined by City ordinance. The current Comprehensive Plan prohibits
any new residential uses within the area designated as Mixed -Use Wastewater
Treatment Plant on the Future Land Use Map, and the proposed development
does not comply with the current Comprehensive Plan, and thus the CPA was
denied by City Council at their January 6, 2004 meeting.
b. Residential uses in the density proposed for this property by the applicant
would likely be incompatible widen the wastewater treatment plant, an
industrial use in the immediate vicinity.
c. Additional information is needed on whether noise and odor fiom the
wastewater treatment plant Would affect the proposed residential uses.
d. The existing zoning for the property (C -N Neighborhood Commercial), and
the property's location on an arterial (Usticic Road), result in the property
having economic value.
e. When the applicant acquired an interest in the property, the applicant was
aware that the zoning designation of the property prohibited residential
development, and the applicant was aware that the Comprehensive Plan Map
designation precluded residential development.
The applicant has not provided sufficient information to show why the request
to rezone the property in opposition to the designation in the Comprehensive
Plan should be granted.
g. The applicant has not provided sufficient information as to the compatibility
of residential zoning in this particular area.
h. It is not in the best interests of the City of Meridian to rezone this property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 2 OF 5
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 denial of
the rezone in Case No. RZ-03-009 the Council does hereby deny the application for conditional
use permit approval for the following reasons:
That the application for conditional use permit is denied for the following reasons:
a. The Applicant requests zoning of the subject real property as R-8,
which is consistent with their application for a comprehensive plan
amendment, but said comprehensive plan amendment was denied,
(Case No. CPA -03-003), as the residential uses with a Conditional Use
Permit within the mixed use WWTP designation would require an
amendment to the Comprehensive Plan as determined by City
ordinance. The current Comprehensive Plan prohibits any new
residential uses within the area designated as Mixed -Use Wastewater
Treatment Plant on the Future Land Use Map, and the proposed
development does not comply with the current Comprehensive Plan,
and thus the CPA was denied by City Council at their January 6, 2004
meeting.
b. Residential uses in the density proposed for this property by the
applicant would likely be incompatible with the wastewater lreatment
plant, an industrial use in the immediate vicinity.
c. Additional infonnation is needed on whether noise and odor from the
wastewater treatment plant would affect the proposed residential uses.
d. The existing zoning for the property (C -N Neighborhood
Commercial), and the property's location on an arterial (Ustick Road),
result in the property having economic value.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 3 OF 5
e. When the applicant acquired an interest in the property, the applicant
was aware that the zoning designation of the property prohibited
residential development, and the applicant was aware that the
Comprehensive Plan Map designation precluded residential
development.
f. The applicant has not provided sufficient information to show why the
request to rezone the property in opposition to the designation in the
Comprehensive Plan should be granted.
g. The applicant has not provided sufficient information as to the
compatibility of residential zoning in this particular area.
h. It is not in the best interests of the City of Meridian to rezone this
property.
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 of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 4 OF 5
By action of the City Council at its regular meeting held on the �'d y of
�Qbj'GL/vz 2004.
By:
Tammy dee
Mayor, Cit Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
and City Attorney.
r�R?
Dated:
City Clerk
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FINDINGS OF FACT .AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STA'PLETON SUBDIVISION (CUP -03-034)
PAGE 5 OF 5
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT )
FOR A PLANNED DEVELOPMENT )
FOR STAPLETON SUBDIVISION )
WARDLE & ASSOCIATES, )
APPLICANT )
C/C 01-27-04
CASE NO. CUP -03-034
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF CONDITIONAL
USE PERMIT
The above entitled matter coming on regularly for public hearing before the City Council
on October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16,
2003, and January 27, 2004, 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 of its action of the denial of
the application for rezone in Case No. RZ-03-009, and the hearing was opened on the conditional
use permit application and Brad Watson City Engineering for the Public Works Department,
William Banko, and Jake Centers, testified at the hearing, and the City Council based upon its
Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-03-009 does
hereby deny the application for conditional use permit approval.
FINDINGS OF FACT
1. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 1 OF 5
conditional use permit due to the denial of the rezone in Case No. RZ-03-009 due to the
following:
That the application for conditional use permit is denied for the following reasons:
a. The Applicant requests zoning of the subject real property as R-8, which is
consistent with their application for a comprehensive plan amendment, but
said comprehensive plan amendment was denied, (Case No. CPA -03-003), as
the residential uses with a Conditional Use Permit within the mixed use
W WTP designation would require an amendment to the Comprehensive Plan
as determined by City ordinance. The current Comprehensive Plan prohibits
any new residential uses within the area designated as Mixed -Use Wastewater
Treatment Plant on the Future Land Use Map, and the proposed development
does not comply with the current Comprehensive Plan, and thus the CPA was
denied by City Council at their January 6, 2004 meeting.
b. Residential uses in the density proposed for this property by the applicant
would likely be incompatible with the wastewater treatment plant, an
industrial use in the immediate vicinity.
c. Additional information is needed on whether noise and odor from the
wastewater treatment plant would affect the proposed residential uses.
d. The existing zoning for the property (C -N Neighborhood Commercial), and
the property's location on an arterial (Ustick Road), result in the property
having economic value.
e. When the applicant acquired an interest in the property, the applicant was
aware that the zoning designation of the property prohibited residential
development, and the applicant was aware that the Comprehensive Plan Map
designation precluded residential development.
f. The applicant has not provided sufficient information to show why the request
to rezone the property in opposition to the designation in the Comprehensive .
Plan should be granted.
g. The applicant has not provided sufficient information as to the compatibility
of residential zoning in this particular area.
h. It is not in the best interests of the City of Meridian to rezone this property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 2 OF 5
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 denial of
the rezone in Case No. RZ-03-009 the Council does hereby deny the application for conditional
use permit approval for the following reasons:
That the application for conditional use permit is denied for the following reasons:
a. The Applicant requests zoning of the subject real property as R-8,
which is consistent with their application for a comprehensive plan
amendment, but said comprehensive plan amendment was denied,
(Case No. CPA -03-003), as the residential uses with a Conditional Use
Permit within the mixed use WWTP designation would require an
amendment to the Comprehensive Plan as determined by City
ordinance. The current Comprehensive Plan prohibits any new
residential uses within the area designated as Mixed -Use Wastewater
Treatment Plant on the Future Land Use Map, and the proposed
development does not comply with the current Comprehensive Plan,
and thus the CPA was denied by City Council at their January 6, 2004
meeting.
b. Residential uses in the density proposed for this property by the
applicant would likely be incompatible with the wastewater treatment
plant, an industrial use in the immediate vicinity.
c. Additional information is needed on whether noise and odor from the
wastewater treatment plant would affect the proposed residential uses.
d. The existing zoning for the property (C -N Neighborhood
Commercial), and the property's location on an arterial (Ustick Road);
result in the property having economic value.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 3 OF 5
e. When the applicant acquired an interest in the property, the applicant
was aware that the zoning designation of the property prohibited
residential development, and the applicant was aware that the
Comprehensive Plan Map designation precluded residential
development.
f. The applicant has not provided sufficient information to show why the
request to rezone the property in opposition to the designation in the
Comprehensive Plan should be granted.
g. The applicant has not provided sufficient information as to the
compatibility of residential zoning in this particular area.
h. It is not in the best interests of the City of Meridian to rezone this
property.
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 of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 4 OF 5
By action of the City Council at its regular meeting held on the 49 of
2004.
Copy served upon Applicant, the Planning and Zoning Department, Public Works Ldirfil,,
and City Attorney. `''',,
By: _ Dated: O = `MMAT
Fa
Clty Clerk611 ifr
�O tis,.
;I ' Y
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WARDLE & ASSOCIATES FOR
STAPLETON SUBDIVISION (CUP -03-034)
PAGE 5 OF 5