HomeMy WebLinkAboutLeeshire Sub Takings Analysis
RECEIVED
DEC 17 2004
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MAYOR
Tammy de Weerd
CITY COUNC1L MEMBERS
William L M, Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
CiTY DErARTMENTS
Flre
540 E. Franklin Road
888-1234/ fax 895-0390
Parks & Fecre,1tion
11 E. Bower Street
888-3579/f¿,X 898-5501
Planning & Zoning
(,60 E. \V,ltertower Lane
Suite 202
884-5533/ fax 888-6854
Police
140] E. Walerlower Lane
888-(,(,78/ fax 846-73(,(,
I'ublre \Vorks
6(,0 E. W,l!erlawer Lane
Suite 2(l()
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- Building
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Suite 150
887-2211! fax 887-1297
- Sewer (W\VTP)
3401 N. Ten Mile Road
888-2191 Ifax 884-0744
W,1ter
223:; N W. 81h Street
888-5242/f.1x 884-1159
City of Meridian
City Clerk Office
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December 16, 2004
Grant Lee
5603 N. Locust Grove Road
Meridian, ill 83642
Re: Meridian City Takings Analysis for AZ 04-01, PP 04-024 and CUP 04-026
(Leeshire Subdivision)
Dear Mr. Lee:
Pursuant to your request for a Takings Analysis in a letter dated, November 8, 2004,
Meridian City Planning and Development Services Department Staff and the City
Attorney have reviewed the criteria for a Takings Analysis as outlined in Idaho Code §67-
8003.
The Meridian City Council, on Octoher 12, 2004, approved Findings of Fact and
Conclusions of Law in support of their September 7, 2004 decisions on your annexation,
preliminary plat, and conditional uSe permit applications. The Council denied the Request
for Annexation for 29.69 acres to R-4, L-O, and C-N Zones, the Request for Preliminary
Plat for 89 Building Lots and 20 Common Lots on 29.69 acres proposed R-4, LeO and C-
N in PP-04-024 and the Request for Conditional Use Permit for a Mixed Use Planned
Development of Single-Family Homes, Office and Commercial Uses on 29.69 acres in a
proposed R-4, L-O and C-N Zones in CUP 04-026 for Leeshire Subdivision.
Staff reviewed the following documents for the Takings Analysis: 1) the Meridian City
Comprehensive Plan, 2) the Meridian City Zoning Ordinance, 3) the Meridian City
Subdivision Ordinance, 4) the Meridian City Planning and Zoning Commission minutes
of August 5, 2004 and 5) the Findings of Fact and Conclusions of Law for CUP-04-026,
PP-04-024 and AZ-04-017 as adopted by the Meridian City Council on October 12,2004.
Idaho State Code, § 67-8003(2) requires Meridian City to prepare a written takings
analysis for the denial of a subdivision if a request is submitted within 28 days of the City
Council's decision. Attached is the Takings Analysis as prepared by Staff.
Yours truly,
Bill N~y J~
Meridian City Attomey/HR Director
cc: Meridian City Clerk
Attachment: Exhibit "A", Findings for CUP-04-026, PP-04-024 and AZ-04-0 17
adopted by the Meridian City Council on September 7, 2004
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Leeshire Subdivision
December 16, 2004
Page 2
The following checklist criteria are provided fÌ'om Idaho State Code § 67-8003(1)
Takings Guidelines.
1.
Does the regulation or action result in a permanent or temporary physical
occupation of private property?
No, the denial of the preliminary plat as proposed in PP-04-024 does not result in
any permanent or temporary physical occupation of private property. The site can
continue to be used as it existed at the time of the subdivision application. The
denial did not impose additional restrictions on the site. The City of Meridian is
not physically occupying the land or utilizing the land in any way.
2.
Does the regulation or action require a property. owner to dedicate a portion
of property or to grant an easement?
No, the denial of the preliminary plat as proposed in PP-O4-024 does not require
any property owner to dedicate any portion of property or to grant any easement
to anyone. The property was not armexed in to the City of Meridian.
3..
Does the regl .lation deprive the. owner of all economically viable uses of the
property?
No, the Meridian city Council denied AZ.04-0 17 based on the proposed design
of the preliminary plat of Leeshire Subdivision. The design of the proposed
development and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan. The applicant is able to re-
apply for annexation at any time.
4.
Does the regulation have a significant impact on the landowner's economic
interest?
No, the denial of the preliminary plat of Leeshire Subdivision is a denial of the
proposed design. The applicant has the option of proposing a subdivision that is
compatible with the adjoining development and complies with the Meridian City
Comprehensive Plan. The applicant is able to re-apply for armexation at any time.
5.
Does the regulation deny a fundamental attribute of ownership?
No, the applicant still retains ownership of all of his property. The applicant has
the right to sell or develop all the property with an RUT zoning designation.
6. Does the regulation serve the same purpose that would be served by directly
prohibiting the use or action; and does the condition imposed substantially
advance that purpose?
Leeshire Subdivision
December 17, 2004
Page 3
No, the property was not annexed into the City of Meridian so no additional
regulations are imposed than those that already exist under the County RUT
zoning designation.
CONCLUSION AND SUMMARY
Planning Department Staff and the City Attorney reviewed Meridian City's action on the
applications AZ-04-017, PP-04-024, and CUP-04-026 as submitted by SWI Associates,
LLC. The criteria for a Takings Analysis as outlined in Idaho Code, Section 67-8003,
was applied to the Meridian City Council's decision. A careful review of each taking
criteria has lead to the conclusion that Meridian City's denial of the annexation and
rezone, the preliminary plat and conditional use permit of Leeshire Subdivision did not
meet any of the criteria as set forth by the Idaho Attorney General.
Based on the evaluation of the criteria and Takings Analysis outlined above and the
Findings as adopted by the Meridian City Council on October 12, 2004 (see attached),
Staff finds that the denial of AZ-04-17, CUPO4-026 and PP-04-026 did not result in a
taking as defined in Idaho Code §67-8002(4). That is, Meridian City Council's action in
denying this annexation/rezone and preliminary plat did not result in a physical,
regulatory, partial or temporary taking.
Leeshire Subdivision
December 16,2004
Page 4
Exhibit "A"
Findings of Fact and Conclusions of Law in AZ-O4-017, CUP-O4-026,
and PP-O4-024 as attached.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT FOR)
A MIXED USE pLANNED )
DEVELOPMENT OF SINGLE-F AM1L y )
HOMES, OFFICE AND COMMERCIAL)
USES ON 29.69 ACRES IN A PROPOSED)
R-4, L-O AND CoN ZONES FOR )
LEESHIRE SUBDIVISION )
)
)
)
)
SWI ASSOCIATES, LLC,
APPLICANT
CIC 09-07-04
CASE NO. CUP-04-O26
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 September 7,2004, at the hour of7:oo o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the City Council takes judicial nolice of its action of the denial ofthe
application for annexation and zoning in Case No. AZ-04-017, and the hearing was opened on
the conditional use permit application and Anna Powell Planning Director for the Planning and
Zoning Department, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansm,
Mark Miller, Sally Adkin, Grant Lee. Darwin Porter, Susan Porter, Bill Wiser, Dale O'Brien,
Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri
Lewis, Jerry Peterson and Ed Buckley, 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. AZ-04-O17
does hereby deny the application for conditionaJ use permit approval.
FINDINGS OF FACT
FINDINGS OF F Acr AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESIllRE SUBDNISION CUP 04-026
Page 10f4
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
conditional use permit due to the denial of the annexation and zorUng in Case No. AZ-ü4-0l7
due to the following:
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the desigo of the
proposed development and its confonnity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design of the proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
Meridian.
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 annexation and zoning in Case No. AZ-04-017 the Council does hereby deny the application
for conditional use permit approval for the following reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026
Page 20f4
----------
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the design of the
proposed development and its confonnity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design of the proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
c.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
Meridian.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pUISuant 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 [mal action oftbc 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 ajudicial review as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRIì SUBDIVISION CUP 04-026
Page 30f4
By: .]n'V} Å L-
City Clerk's Office
Dated:
{O~2{;.O 4-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDmONAL
USE PERMIT FOR LEESHIRE SUBDMSION CUP 04-026
Page 4 of 4
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST)
FOR PRELIMINARY PLAT FOR )
89 BUILDING LOTS AND 20 COMMON)
LOTS ON 29.69 ACRES IN PROPOSED)
R-4, L-O AND C-N ZONES FOR )
LEESHIRE SUBDIVISION )
)
)
)
)
SWI ASSOCIATES, LLC,
Applicant
C/C 09-07-04
CASE NO. PP-O4-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on September 7,2004, at the hour of7:00 o'clock p.m., at the MeridianCity Hall, 33 East Idaho,
Meridian, Idaho, and the City Council takesjudicial notice ofits action ¡of the denial ofthe
application for annexation and zoning in Case No. AZ-04-017, and the hearing was opened on
the preliminary plat application and Anna Powell, Planning Director for the Plamring and Zoning
Department, Shawn Nickel, BErTy Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansen, Mark
Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill Wiser, Dale O'Brien, Susan
Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri Lewis,
Jerry Peterson and Ed Buckley, 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. AZ-Q4-017 does
hereby deny the application for preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR LEESHIRE SUBDIVISION PP-04-024
Page -]0£4
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
preliminary plat due to the denial of the annexation and zoning in Case No. AZ-04-017 due to
the following:
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the design of the
proposed development and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
The zoning and design of the proposeddeveloplp,!)nt being sought are not
:11,
compatible with the Meridian Comprehensive Plan.ib
;.f'
The request for office space is not compatible ~~ the Meridian
B.
C.
.".~.
Comprehensive Plan or ordinances in regards to use exceptions.
,~
D.
The proposed development is not in the best interests of the City of
Meridian.
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 annexation and zoning in Case No. AZ-Q4-017 the Council does hereby deny the application
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR LEESHIRE SUBDIVlSION PP.O4-024
Page -20f4
for preliminary plat approval for the following reasons:
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the design of the
proposed dèvelopment and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design ofthe proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
~
NOTICE OF FINAL ACTION
Meridian.
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 witlrin 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 wlrich may be adversely affected by this decision may, within twenty-
FINDINGS OF F ACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR LEESHIRE SUBDIVISION PP-O4-024
Page -30f4
eight (28) days after the date oftlùs 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 /2 ~yof
tP#~
.2004.
Dated:
¡O.2c,;.O{
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY
PLAT FOR LEESHIRE SUBDIVISION PP-O4-024
Page-40f4
BEFORE THE MERIDIAN CITY COUNCn..
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 29.69 ACRES TO
R-4,
L-O, and C-N ZONES FOR
LEESHIRE SUBDIVISION
SWI ASSOCIATES, LLC,
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
CfC 09-07-04
Case No. AZ-O4-017
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled annexation and zoning application having come on for public
hearing on September 7,2004, at the hour of7:00 o'clock p.m., Anna Powell Planning Director
for the Planning and Zoning Deparlment, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad
Alvaro, Rick Hansen, Mark Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill
Wiser, Dale O'Brien, Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller,
Jake Centers, Mauri Lewis, Jerry Peterson and Ed Buckley, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for September 7,
2004, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred (300') feet of the
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO.AZ-O4-017
PAGE1OF8
external boundaries of the property under consideration more than fifteen (15) days prior to said
hearing and with the notice of public hearing havjng been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service' announcements; and the
matter having been duly considered by the City Council at the September 7, 2004, public hearing;
and the applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and §§1l-2-4I6E and 11-2-417A, Municipal Code of the
City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
i
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
hnpact Area Boundary.
4.
The property is approximately 29.69 acres in size and is generally located on the
west side of Locust Grove Road, approximately Y, mile north of McMillan Road, Meridian,
within SectÏon 30, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho.
5.
Grant and Joyce Lee are the current property owners and Mr. Lee has submitted
notarized consent for the subject application.
6.
Applicant is SWI Associates, 4700 N. Cloverdale Road, Suite 214, Boise, Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-04-O17
PAGE 2 OF 8
83713.
7.
The subject property is currently zoned RUT (Ada County) and consists of a
residence, out-buildings, and pasture land.
8.
The Applicant requests the property be zoned as R-4 (Low Density Residential)
and IrO (Limited Office). The property which is the subject of this application is within the
Area ofhnpact of the City of Meridian.
9.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
11.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
12.
The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Medium Density Residential/Mixed-Use Community.
13.
There are significant existing trees that affect the conside~ation of this
application..
14.
The proposed uses for the proposed development, the design of the proposed
development and its conformity in relation to neighboring developments are not compatible with
the Meridian Comprehensive Plan.
15.
The zoning and design of the proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-04-017
PAGE 3 OF 8
16.
The applicant has no definitive plans for the lots proposed to be zoned L-O. The
applicant did not present sufficient evidence of the probab1e uses, or buildingdesignlelevations.
The applicant did not present sufficient evidence explaining how the limited office lots would
satisfy the use exception requirement of Meridian City Code. Because insufficient evidence was
presented on the use exceptions, Council cou1d not adequately determine the required
relationship between the excepted use and the principal use of the development.
17.
The open space amenity (park) is designed such that it is located too far ftom the
small residential lots which would derive the most benefit from the additional open space and
related features. The open space is located principally near the large lots, and specifically
adjacent to the largest lot in the subdivision giving the appearance that the open space amenity is
designed to primarily benefit the owner of the 58,000 square foot lot.
18. The design of the subdivision presents a variety of lot s4es but the range of lots
varies from a high of58,OOO to a low of 5,900 square feet. The range o~sizes is so greatit will
i
likely create incompatible housing types within the development.
19.
The proposed development is not in the best interests of the City of Meridian.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Municipal Code of the City of Meriwan Section] 1-2-417 provides the City may annex real
property that is within the Meriwan Urban Service Planning Area as set forth in the City's
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESillRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE40F8
2.
The City Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
3.
The City of Meridian bas exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No.
02-382.
4.
The requested zoning of Low Density ResidentiaJ (R-4), Limited Office (L-a) and
Neighborhood Business District (C-N), are derIDed in the Zoning Ordinance at 11-7-2 C, G and H
as follows:
(R-4) Low Density Residential District: Only single-family dwellings, public schools, ,
and public and private parks shall be pennitted and no conditional uses shall be permitted
except for planned developments. The purpose of the R-4 district is to pennit the
establishment oflow density single-family dwellings, and to delineate those areas where:
predominantly residential development bas, or is likely to occur in accord with the
comprehensive plan of the city, and to protect the integrity ofres,idential areas by
prohibiting the intrusion of incompatible nonresidentiaJ uses. Th~ R-4 district allows for ,a.
maximum of four (4) dwelling units per acre and reqnires connection to the municipal
water and sewer systems of the city of Meridian.
AND
(1,..0) Limited Office District: The pU1pose of the L-O district is to permit the
establishment of groupings of professionaJ, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall not
involve heavy testing operations of any kind or product manufacturing of such a nature to
create noise, vibration or emissions of a nature offensive to tbe overall pU1pose of this
district. The Ira district is designed to act as a buffer between other more intense
nonresidential uses and high density residentiaJ uses, and is thus a transitional use.
Connection to the municipal water and sewer system of the city is a requITement in this
district.
5.
That in § 11-2-417 A it provides in part that:
"Ifthe Commission and Council approve an annexation request, the Commission
and Council shall insure that said annexation is in accord with this Ordinance and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE 5 OF 8
the Comprehensive Plan."
6.
Idaho Code § 67-6511(c) provides in matters where the City Council is
considering a zoning designation application as follows:
"Iftbe request is found by the governing board to be in conflict with the adopted
plan, or would result in demonstrable adverse impacts upon the delivery of
services by any political subdivision providing public services, including school
districts, within the planning jurisdiction, the governing board may require the
request to be submitted to the planning or planning and zoning commission or, in
absence of a commission, the governing board may consider an amendment to the
comprehensive plan pursuant to the notice and hearing procedures provided in
section 67-6509, Idaho Code. After the plan has been amended, the zoning
ordinance may then be considered for amendment pursuant to section 67-65 II (b),
Idaho Code."
7.
Idaho Code § 67-6512 (a) provides the authority to grant special and/or
conditional use permits" . : . . when it is not in conflict with the plan." [referring to the
Comprehensive Plan.]
8.
The City's authority to make and enforce ordinances are confined to within the
City's boundaries as provided in ArticleXil § 2 of the Constitution of the State ofIdaho.
9.
The provisions of LC. § 50-222 govern the conditions upon which the
City !!!!!y exercise its authority to armex territory, but the exercise of that authority is
discretionary as detennined by the City Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby order and this does order:
1.
That the application for armexation and zoning is denied for the following
reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDNISION; CASE NO. AZ-04-017
PAGE 6 OF 8
A.
The proposed uses for the proposed development, the design of the
proposed development and its confonnity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design of the proposed development being sought are not
compatihle with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
Meridian.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY T AKrNGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67t'8003, the Owner may
¥
request a regulatory taking analysis. Such request must be in writing, a4<I must be .filed with the
City Clerk not more than twenty-eight (28) days after the fina] 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 ootice 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.
By action of the City Council at its regular meeting held on the . / þ ~ day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-Q4.017
PAGE 7 OF 8
¿;w, b.-
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~
\- 0'fBt)
VOTED tþ-
VOTED ~
OOU1.«::fLMî!(!<! :BfLL j<1AKI
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BJRD
MAYOR TAMMY De Weerd (TIE BREAKER)
DATED: IP-/Z~,p~
i (,
MOTION: .----¡:--
APPR~VED~~
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By: ~()JúL ~
City Clerk's Office
Dated: m-2,6-o4-
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4.017
PAGE 8 OF 8