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HomeMy WebLinkAboutMayfair Commons PP 03-031~~c~rv interoffice FEB 0 S 2004 City Of Meridian. City C,le~rk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: MAYFAIR COMMONS SUBDIVISION BY WILDWOOD DEVELOPMENT, LLC / PP-03-031 Date: February 6, 2004 Will: Pursuant to City Council's action at their January 27, 2004, meeting, pertaining to the Preliminary Plat application by Wildwood Development, LLC for the proposed Mayfair Convnons Subdivision, and Council's denial thereat please find attached Che original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER Oh DENIAL OF PRELIMINARY PLAT in Mayfair Commons 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 acid Decision and Order of Denial in Case No. RZ-03-011. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. [f you have any questions please advise. Z.AWnrk~M\McriAiumMeridiun 15360M\Mayfair Commons Sub KZ-03-01 I PP-03-031 CUP-03-057~CIerk Denial PP iVlcmo 02 C)j 04doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C Ol -27-04 1N 1'HF.:~IATTER OF'1'HE REQUEST FOR PRELIDI[N.4RY PLAT FOR MAYFAIR COMMONS SUBDIVISION WILDWOOD DEVELOPMENT, LLC, APPLICANT CASE NO. PP-03-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION A_ND ORDER OF DENIAL OF PRELINHARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on aanuary 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-O11, and the hearing was opened on the preliminary plat application and Brad Hawkins-Clark for the Planning and Zoning Department, Scott Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Dave Aspitarte, testified at the hearing, and the City Council based upon its Findings afFact and Conclusions of Law and Decision and Order in Case No. RZ-03-O1 I does hereby deny the application for preliminary plat approval. FINDINGS OF FACT It is found that the Recommendation To City Council of the Plamring and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW t1N0 DL^CISION AND ORDER OF DENIAL OF PRE[,iMINARY PLAT FOR MAYFAIR COMMONS SUBD[VISION BY: WILDWOOD DEVELOPMENT, LLC-(PP-03-031) PAGE 1 O} 4 preliminary plat due to the denial of the rezone in Case No. RZ-03-011 due to the following: That the application for preliminary plat is denied for the following reasons: a. A portion of the subject property is located within the Five,Mile Floodway, and the remainder of the property is located within the 100-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood plain zone. b. There are concerns over the traffic pattern of the proposed project, acid specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. foot traffic for any future residents walking through the industrial zone is of concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f The existing zoning for the property I-L, and the property's location on an arterial .(Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. It is not in the best interests of the City of Meridian to rezone this property. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section ]2-3-5 and based upon the above and foregoing Findings oFFact which arc herein FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR MAYFAIR COMMONS SUBDIVISION 6Y: W'ILDWOOD DEVELOPMENT, LLC - (PP-03-031) PAGE 2 OF 4 adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-03-Oll the Council does hereby deny the application for preliminary plat approval for the following reasons: That the application for preliminary plat is denied for the following reasons: a. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the 100-year Floodplain zone, known as flood elevations. An application which was applied for in the past was denied primarily due to the fact That the property is located within the flood plain zone. b. There are concerns over the traffic pattern of the proposed project, and specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are no specific uses planned for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding are2s. Foot traffic for any future residents walking through the industrial zone is of concern as well. c. The common area is planned for the second phase, this does not provide any open space for the first phase residents. Residential uses in the density proposed for this property by the. applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from the existing businesses or future businesses would affect the proposed residential uses. f. The existing zoning for the property I-L, and the property's location on an arterial (Pine SCreet and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. h. [t is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FAC"I' AND CONCLUSIONS OF' LAIC' AND DECISION AND ORDER OF DENIAL OF PREL[M]NARY PLAT I-~OR MAYFAIR COMMONS SU6DIVISION B Y: W ILD W OOD DEVELOPMENT, LLC - (PP-03-031) PAGE 3 OF 4 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 Cily 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 § 67-652]. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may; within twenty- eighC (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~~ y of ~-G~~~'Gi-Gvt , X004. Y~ Tamm erd Mayor, f Meridian Copy served upon Applicant, the Planning and Zoning Department, Public and City Attorney. By:~/~'~~---+/O ~,~~ Dated: City Clerk 2 -/d- O~ Z:\WOrI.\M\Meridian\Meridian 15360M\S[aple[on Sub CPA-03-003 RZ-03-009 PP-03-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND DECISION AND ORDER OF DENIAL OF PRELIMINARY YLA'C FOR MAYFAIR COMMONS SUBDIVISION BY: W 1LD W OOD DEVELOPMENT, LLC - (PP-03-031) PAGE 4 OF 4 Works Department •`~~~c,r~ W nrrNhrr ~"` OF MEI?j ~~,, ~2 0 SEAL v oM (Stcioe~,y rL6+,G~ '~o O i, ~~ "•$a,q }a7 uill~~~~~ BEFORE THF, CITY COUNCIL OF THE CITY OF MERIDIAN cic o1-z~-oa IN THE MATTER OF THE REQUEST 'FOR CONDITIONAL USE PERMIT FOR .4 PLANNED DEVELOPMENT FOR MAYFAIR COMMONS SUBDIVISION WILDWOOD DEVELOPMENT, LLC APPLICANT CASE NO. CUP-03-057 FINDINGS OF FACT AND CONCLUSIONS OE LAW AND DECISION AND ORllER OE DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on January 27, 2004, at the hour of 7:00 dclocl< p.m., at Che Meridian City Hall, 33 East ldaho, Meridian, Idaho, and Che City Council takes judicial notice of its action of the denial of the application for rezone in Case No. RZ-03-O1 1, and the heating was opened on the conditional use permit application and Brad Hawkins-Clarlc for the Planning and Zoning Department, Seott Beecham, Christopher G. Finley, Jason Ullman, Lairy Taylor, David Canister, and Davc Aspitarte, testified at the hearing, and the City Council based upon its Findings of Tact and Conclusions of Law and Decision and Order in Case No. RZ-03-011 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 Conunission is not reasonable nor appropriate for the conditions o~,f approval of Che F[NDINGS OF FACT AND CONCLUSIONS OF LAW :1ND DL-CIS10N AND ORDER OF DENIAL OF CONDITIONAL CSE PERMI~i POR WILDWOOD DEVELOPMENT, LLC 1'OR MAYFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE ] OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-03-O] I due to the following: That the application for conditional use permit is denied for the following reasons: a. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the 100-year Floodplain cone, lalown as flood elevations. An application which was applied for in the past was denied primarily due to the fact that the property is located within the flood plain zone. There are concerns over the traffic pattern of the proposed project, and specifically Chat ^'affic would cut Chrough the industrial zone creating n'affic problems. Presently there are no specific uses plamied for the industrial site, and therefore the parking and traffic issues raise concerns for the surrounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as well. a The common area is planned for the second phase, this does not provide any open space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from. the existing businesses or future businesses would affect the proposed residential uses. The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. g. The applicant has not provided sufficient infomration as to the compatibility of residential zoning in this particular area. It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AN,D DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR MAYFAIR COMMONS SUBDIVISION (CUP-03-0~7) 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-03-011 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. A portion of the subject property is located within the Five-Mile Floodway, and the remainder of the property is located within the 100-year Floodplain zone, Irnown as flood elevations. An application which was applied for in the past was denied primatily due to the fact thaC the property is located within the flood plain none. b. There are concerns over the traffic pattern of the proposed project, and specifically that traffic would cut through the industrial zone creating traffic problems. Presently there are uo specific uses planned for the industrial site; and therefore the parking and traffic issues raise concerns for the sun~ounding areas. Foot traffic for any future residents walking through the industrial zone is of concern as well. c. The common area is planned for the second phase, this does not provide any ope^ space for the first phase residents. d. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the surrounding businesses, as the area is designated on the Land Use Map as mixed-use community. e. Additional information is needed on whether noise and odor from. the existing businesses or future businesses would affect the proposed residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR W[LDWOOD DEVELOPMENT, LLC FOR MAYFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE 3 OF 5 £ The existing zoning for the property I-L, and the property's location on an arterial (Pine Street and in the future Locust Grove Road extension), result in the property having economic value. 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 propety. 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 regtilatory 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 aC 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 Ueing a person who has an interest in real property which maybe adversely affected by this decision rnay, within twenty- citht (28) days alter the date of this decision and order, seek ajudicial 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 WILDWOOD DEVELOPMENT, LLC FOR MAYFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE 4 OF 5 By action of the City Council at its regular meeting held on the ~~~y o f Q /'GGG+.z , 2004. Tammy de eer Mayor, City o ~ eridian ~~~~uuununN„ Copy served upon Applicant, the Planning and Zoning Department, Public ~!'~0~~;3'~f~~ and City Attorney. ~ G,~ >Pa ~9ti ~~'., d ~r Bv: J! 1/ `~y/d~+/I~ Dated: City Gerl: ~~' Fo ~~o ~f ~ ~M~,o ~L t'w ~J1 ^7 .,; ~ O ,~.: ' r'n ,_.~.~ , ~,.. Z:~WorA\.VIA~Vhri JinnAMeridian ISGOM\M uyfuir Comrnans Sub R7-03-011 NN-03-031 CUP-W-057AFF(,LOid Den'yFlJl du ~ ~ _~~~~' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OE DENIAL OF CONDITIONAL USF PERMIT FOR W 1LDWOOD DEVELOPMENT, LLC FOR MAYFAIR COMMONS SUBDIVISION (CUP-03-057) PAGE 5 OF 5 2