HomeMy WebLinkAboutFindingsBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR RE -ZONING OF 4.38 ACRES FROM )
R-8 TO R-15 FOR BELLABROOK VILLAS )
BY )
J.E. DEVELOPMENT, LLC. )
APPLICANT )
C/C 06/05/07
Case No. RZ 07-006
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 June 5, 2007, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department and Shawn Nickel,
148 North 2nd Street, Suite 101, Eagle, Idaho 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
I • The notice of public hearing on the application for annexation and zoning
was published for two (2) consecutive weeks prior to said public hearings scheduled for
June 5, 2007, 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 havingb
Posted upon the property under consideration more than one week before said hearing;
been
ang;
and that copies of all notices were made available to newspaper, radio and televisio
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL n
BELLABROOK VILLAS; CASE NO. RZ 07-006
PAGE 1 OF 5
stations as public service announcements; and the matter having been duly considered by
the City Council on June 5, 2007, public hearing; 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 § 11-5A, Municipal Code of the City of
Meridian.
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 4.38 acres in size and is generally located at
300 South Locust Grove in the NW '/ of Section 17 Township 3 North, Range 1 East,
Boise Meridian, Ada County,.
5. J.E. Development, LLC, whose address is 1854 E. Lanark Street,
Meridian, Idaho 83642, is the current property owner and applicant.
6• The subject property is currently zoned R-8 (Medium Density Residential
District).
7. The Applicant requests the property be zoned R-15 (Medium High
Density Residential District). The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BELLABROOK VILLAS; CASE NO. RZ 07-006
PAGE 2 OF 5
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: Medium High Density Residential District.
11. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Medium Density Residential.
CONCLUSIONS OF LAW
The City of Meridian has discretionary 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 §50-222. The Municipal Code of the City of Meridian § 11-5B-3 provides
the City may annex real property that is within the Meridian Urban Service Planning
Area as set forth in the City's Comprehensive Plan.
2. The provisions of Idaho 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 application for re -zoning is denied for the following reasons:
The proposed development is not compatible with the surrounding areas and
access issues present a problem within the area if zoned R-15.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BELLABROOK VILLAS; CASE NO. RZ 07-006
PAGE 3 OF 5
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.
By action of the City Council at its regular meeting held on the
day of
, 2007.
ROLL CALL:
COUNCILMAN DAVID ZAREMBA
COUNCILMAN JOE BORTON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED
VOTED
VOTED
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BELLABROOK VILLAS; CASE NO. RZ 07-006
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L/
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
City Clerk's Office Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BELLABROOK VILLAS; CASE NO. RZ 07-006
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