HomeMy WebLinkAboutPrather Company/Casper Management MI 05-014
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ADA- COUNTY RECORDER ~, D;WtD MAVARRO "MQUNT .00 5
BOISE IDIIHO 09/29/86 03:15 PM
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Order Rescinding Development Agreement
Instrument No. 1 03089185 I Prather Company I
Casper Management I File No. MI 05-014
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MERIDIAN
C/C12-13-05
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No. MI 05-014
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 hearin~ 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 Findinis 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 Aereement 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 haviDi 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
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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 Coun~il 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 11-2-417~
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 thereot: and the Amended Comprehensive Plan of the City of
Meridian adopted Ausust 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
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portion of the NE 14. of the NE ~ of Section 24, Township 3 North, Range I West, Boise,
Meridian, Ada County, Idaho, parcel number 81224110300.
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.
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7. The subject property is currently zoned C-G (Commercial General).
8. The Applicant requests to remove the Development Agreement,
Instrument #103089185 from 7.32 acres on the south side of Overland Road, west of
Meridian Road, more particularly as parcel number 81224110300, which is specifically
for "construction and development ofa storale 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 th~ 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.
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CONCLUSIONS OF LAW
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 Development Agreement, Instrument # 103089185 be removed from
approximately 7.32 acres for the Meridian Stor~ development on the south side of
Overland Road, west of Meridian Road, Meridian, within a portion of the NE ~ of the
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NE ~..ofSection 24, Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho, parcel number 81224110300.
By action of the City Council at its regular meeting held on the ~ day of
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ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED__._. . ...~._.
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VOTED
COUNCILMAN JOE BORTON
COUNCILMAN CHARLJE ROUNTREE
VOTED
COUNCILMAN KEITH BIRD
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
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DATED:
MOTION: APPROVED:
DISAPPROVED:
Copy served upon:
By:
Dated:
City Clerk's Office