HomeMy WebLinkAboutCherry Wood Village RZ 07-008
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR RE-ZONING OF 4.05 ACRES FROM
C-N TO C-C FOR CHERRY WOOD
VILLAGE
BY
RICHARD BROWN AND ROY BROWN
APPLICANT
C/C 06/19107
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Case No. RZ 07.008
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 19,2007, at the hour of7:00 o'clock p.m., Anna Canning, City Planning and Zoning
Administrator for the Planning and Zoning Department and Richard Brown of#234 South 600
East, Ste. 7, Salt Lake City, Utah 84102, 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 for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearings scheduled for June 19,2007,
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 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 June 19,2007, public hearing; and the applicant, affected
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CHERRY WOOD VILLAGE; CASE NO. RZ 07-008
PAGE I OF4
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.
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 4.05 acres in size and is generally located at 1605,
1663, 1701, 1739, 1785, and 1835 Cherry Lane Meridian, Idaho, Lots 1-5, Block 1, Comer at
Vineyards Subdivision, in Section 11 Township 3 North, Range 1 West, Boise Meridian, Ada
County,.
5. Richard Brown, whose address is #24 South 600 East, Ste. 7, Salt Lake City, Utah,
84102 and Roy Brown, whose address is P. O. 464, Nampa, Idaho 83653, are the current property
owners and applicants.
6. The subject property is currently zoned C-N (Neighborhood Business District).
7. The Applicant requests the property be zoned C-C (Community Business District).
The property which is the subject of this application is within the Area of Impact of the City of
Meridian.
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:
Retail Sales and Service of Motor Scooters/Recreational Vehicles.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CHERRY WOOD VILLAGE; CASE NO. RZ 07-008
PAGE20F4
11. The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Neighborhood Business.
CONCLUSIONS OF LAW
1. 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 950-222. The
Municipal Code of the City of Meridian 9 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 ofIdaho Code 950-222 govern the conditions upon which the City
mav 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 current zone is compatible with the current neighborhood and that the area has not changed
significantly to warrant a zoning change.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 967-8003, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CHERRY WOOD VILLAGE; CASE NO. RZ 07-008
PAGE 3 OF4
Please take notice that this is a final action ofthe governing body of the City of Meridian,
pursuant to Idaho Code g67-652l. 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 ~ay of July, 2007.
ROLL CALL:
COUNCILMAN DAVID ZAREMBA
COUNCILMAN JOE BORTON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED~
VOTED ~~
VOTED $A.
VOTED {fu-
VOTED
DATED:
MOTION:
7 - 3 -0 7
APPROVED:
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DISAPPROVED:
MAYO
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By: . A~_j.J,-J Dated: 1 ~ 5,01
Ity Clerk's Office
ATTEST:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CHERRY WOOD VILLAGE; CASE NO. RZ 07-008
PAGE 4 OF 4