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HomeMy WebLinkAboutRockin' KB Saloon RZ 07-019BEFORE THE MERIDIAN CITY COUNCIL C/C 03/11/08 1N THE MATTER OF THE REQUEST FOR RE-ZONING OF .602 ACRES FROM I-L TO C-G FOR ROCKIN KB SALOON BY Case No. RZ 07-019 FiND1NGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PATRICK MCKEEGAN APPLICANT The above entitled annexation and zoning application having come on for public hearing on February 26, 2008, at the hour of 7:00 o'clock p.m,, Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department and Patrick McKeegan and Kevin Kelly, appeared and testified. 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 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 February 26, 2008, 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 fi$een (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 February 26, 2008, public hearing; and the applicant, affected property owners, and government FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ROCKIN KB SALOON; CASE NO. RZ 07-019 PAGE 1 OF 4 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-SA, 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. 02-3$2, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .602 acres in size and is generally located at 3163 East Lanark, Meridian, Idaho. 5. Kevin Kelly, 580 W. Meridian Road, Meridian, Idaho, is the current property owners. 6. Patrick McKeegan, 280 N. Latah, Suite 100, Boise, Idaho, is the applicant. 7. The subject property is currently zoned I-L (Light Industrial District). 8. The Applicant requests the property be zoned C-G (General Commercial 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: A drinking establishment. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Light Industrial. 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-SB-3 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AIVD ORDER OF DENIAL ROCKIN KB SALOON; CASE NO. RZ 07-019 PAGE 2 OF 4 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 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 §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 maybe 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 maybe adversely affected by this decision rnay, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ROCKIN KB SALOON; CASE NO. RZ 07-019 PAGE 3 OF 4 By action of the City Council at its regular meeting held on the ~ day of March, 2008. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED COUNCILMAN JOE BORTON VOTED ~t(]~- COUNCILMAN CHARLIE ROUNTREE VOTED uta COUNCILMAN KEITH BIRD VOTE D MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ DATED: rnOu~~~1 Igo ~~~ MOTION APPROVED: X DISAPPROVED: MAYOR TA Y de WEERD ATTEST: JAYCEE HOLMAN, CITY `\\\\\\\\\\~ ~ I l ~ 11 11 1 1 1 111 / 11 /////,',,fir ~y ~ A~ 3, O ~~~~ - :~,ER ,~' ~}fy a .~ ///,///~~lllnni nn1~N~~~`\\``, Copy served upon Applicant, the Planning and Zoning Department, Public Works Depa ent, and City Attorney. By: Dated: 3 ~ 2 s ~ a City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL ROCKIN KB SALOON; CASE NO. RZ 07-OI9 PAGE 4 OF 4