HomeMy WebLinkAboutCasper Management MI
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST TO REMOVE RECORDED
DEVELOPMENT AGREEMENT
FOR MERIDIAN STORAGE
PRATHER COMP ANY/CASPER
MANAGEMENT
APPLICANT
C/CI2-13-05
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Case No. MI 05-014
ORDER RESCINDING
DEVELOPMENT AGREEMENT
INSTRUMENT #103089185
The above entitled request to remove the recorded Development Agreement,
entered into on May 20,2003 and recorded on May 30,2003 as Instrument #103089185,
having come on for public hearing on December 13, 2005, and John Prather appeared and
testified, and the City Council having duly considered the evidence and the record in this
matter therefore make 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 to terminate a
Development Agreement was published for two (2) consecutive weeks prior to said
public hearings scheduled for December 13, 2005, 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 external boundaries of the
property under consideration more than fifteen (15) days prior to said hearings and with
the notice of public hearings having 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 on December 13, 2005,
public hearings; and the applicant, affected property owners, and government
subdivisions provided 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 §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
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 Impact Area Boundary.
4.
The property is approximately 7.32 acres in size and is generally located
on the south side of Overland Road and west of Meridian Road, Meridian, within a
portion of the NE % of the NE % of Section 24, Township 3 North, Range 1 West, Boise,
Meridian, Ada County, Idaho, parcel number S1224110300.
5.
Prather Company, PO Box 1087, Meridian, Idaho, 83642, is the current
property owner.
6.
Applicant is Casper Management Investments, LLC, PO Box 191054,
Boise, Idaho 83719.
7.
The subject property is currently zoned C-G (Commercial General).
8.
The Applicant requests to remove the Development Agreement,
Instrument #103089185 fÌ'om 7.32 acres on the south side of Overland Road, west of
Meridian Road, more particularly as parcel number S122411O300, which is specifically
for "construction and development of a storage facility".
9.
The entire parcel of property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
10.
The Applicant proposes to develop the subject property in the following
manner: standard uses within the General Commercial zone.
11.
The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as General Commercial.
CONCLUSIONS OF LAW
The provisions ofIdaho Code §50-222 govern the conditions upon which the City
may exercise its authority to annex territory, but the exercise of that authority is
discretionary as determined 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:
That the Development Agreement, Instrument # 103089185 be removed ttom
approximately 7.32 acres for the Meridian Storage development on the south side of
Overland Road, west of Meridian Road, Meridian, within a portion of the NE 'l4 of the
NE 'l4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho, parcel number S 122411 0300.
7~^
By action of the City Council at its regular meeting held on the ------=-- day of
;;e6fVU:vvd ' 2006.
ROLLCALL:
COUNCILMAN SHAUN WARDLE
VOTED ~A.--
COUNCILMAN KEITH BIRD
VOTED
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COUNCILMAN JOE BORTON
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
-
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
2 - 7-06
MOTION:
APPROVED:
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DISAPPROVED:
ATTEST:
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WILLIAM G. BERG, JR., CIT%~ .!j" ..,.,.- .,. '.0 !
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Planning Department
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Vtity Attorney
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City Clerk's Office
Copy served upon:
Dated: d-IO-OLo