HomeMy WebLinkAboutMayfair Commons Sub CUP 03-057REC~IVEI
FEB ~ 0 2004
interoffice City Of Meridian
Crty C,Ierlt. Office
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: MAYFAIR COMMONS SUBDIVISION BY WILDWOOD DEVELOPA~TENT,
LLC /CUP-03-057
Date: February 6, 2004
Will:
Pursuant to City Council's action at their January 27, 2004, meeting, pertaining to
the Conditional Use Permit application by Wildwood Development, LLC for the proposed
Mayfair Commons Subdivision, and Council's denial thereof, please find attached the original of
the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECTSTON AND ORDER OF
DENIAL OF COND[TTONALUSE PERMTT in Mayfair Commons Subdivision.
This may be presented to the Mayor to obtain her signature only after the Ciry
Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and
Order of Denial in Case No. RZ-03-011 and then action upon Case No. PP-03-031. 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\Meridimi\MeriAiun 15360M\Maytair Commons Sub RZ-03-0I I PP-07A31 CUP-03-057\Clerk Denial CUP Mcmo 02 0504.doc
BEFORE THE CITY COUNCIL OF THE CITY OF A'IER[DLAN
C/COI-27-04
1N THE MATTER OF THE REQUEST )
FOR COND[TIONAL USE PERMIT )
FOR A PLANNED DEVELOPMENT )
FOR 1\IAYFAIR COMMONS )
SUBDIVISION )
WILDWOOD DEVELOPMENT, LLC )
APPLICANT )
CASE NO. CUP-03-057
FINDINGS OF FACT ANll
CONCLUSIONS OF LAW
AND DECISION .4ND ORDER
OF 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 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-03-01 I, and the hearing was opened on the conditional
use pennil application and Brad Hawkins-Clarl< for the Planning and Zoning Deparuncnt, Scott
Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David Callister, and Davc
Aspitarte, 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-O11 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 Connnission is not reasonable not' appropriate for the conditions of approval of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDCR OF DEN[AL OF COND[TIONAL
USE FERMI°f FOR WILDWOOD DEVELOPMENT, LLC FOR
MAYFAIR COMMONS SUBDIVISION (CGP-03-0~7)
PAGL 1 OF 5
conditional use permit due to the denial of the rezone in Case No. RZ-O.-0II 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-Tile Floodway, and
the remainder of the property is located within the 100-year Floodplain zone,
Imown 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 that traffic would cut through the industrial zone creating traffic
problems. Presently there are ^o specific uses planned for the indush~ial site, and
therefore the parking and traffic issues raise concerns for the surrounding areas.
Foot traffic for any fiihire residents walking through die indnstrial 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 information as Lo 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
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
I!S6 PERMI"f FOR ~UILD1'~~OOD DEVELOPMENT, LLC FOR
MAYFAIR COMMONS SUBDIVISION (CUP-03-057)
PAGE 2 OF ~
DECISION AND ORDER
Pursuant to ehe 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 tl~ie 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
Che remainder of the property is located within the L00-year Floodplain zone,
known as flood elevations. An application which was applied for in the past was
denied primarily doe 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 h'affic would cut through the industrial zone creating n affic
problems. Presently there are no specific uses planned for the industrial site, and
therefore the parking and traffic issues raise concerns for the su~TOUnding areas.
Foot traffic for any future residents walking through the indus4 ial zone is of
concern as well.
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 Che 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 PACT AND CONCLLS[ONS OF LA\~'
,AND DECISIOA' AND ORDER OF DENLAL OF CONDf170NAL
USE PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR
MAYFAIR COMMONS Sl1BDNISION (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 property.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to ldaho Code 67-803, the Owner may
request a regulatory ta]<ing 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 may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant [o Idaho Code § 67-6521. An affected person being a person who has at1
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 ajudicial review as provided by
Chapter ~2, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USG. PERMIT FOR WILDWOOD DEVELOPMENT, LLC FOR
MAYFAIR COMMONS SUBDIVISION (CUP-03-057)
PAGE 4 OF 5
~~
By action oFthe City Council at its regular meeting held on the day of
-~~~-'2, , X004.
By:
Tammy ~ e d
Mayor, Ci Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works D
and City Attorney.
By: ~--~ Dated
City Clerl<
2-l~~l ~
'/_:AWorl:AMV~leridianA~leridinn 1~360M\Mufair Cummana Sub RZ-03-011 PP-03-031
FINDINGS OF F,4CT .AND CONCLL;SIONS OF LAbV
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR WILDWOOD DEVELOPMENT. LLC FOR
MAYFAIR COM v1ONS SUBDMSION (CUP-03-057)
PAGE 5 OF 5
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