Stada Bellissima Commercial RZ 07-013BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR
RE-ZONING OF 1.76 ACRES FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL
BY
STRADA BELLISSIMA COMMERCIAL, LLC
APPLICANT.
Case No. RZ 07-013
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 March 4, 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 Richard Evans
representing Strada Bellissima Commercial, LLC, Meridian, 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
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 March 4,
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 fifteen (15) days prior to
said hearings and with the notice of public hearings having been posted upon the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
STRADA BELLISSIMA; CASE NO. RZ 07-013 PAGE 1 OF 5
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 March 4,
2008, 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-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. 02-382, and maps and the ordinance Establishing
the Impact Area Boundary.
_ 4. The property is approximately 1.76 acres in size and is generally located at the
northwest corner of Meridian Road and Victory Road in Section 24, Township 3 North,
Range I West, Boise Meridian, Ada County, state of Idaho.
5. Strada Bellissima Commercial, LLC, whose address is 9560 W. Pebblebrook
Lane, Garden City, Idaho 83714, is the current property owner and applicant.
6. The subject property is currently zoned L-O (Limited Office District).
7. The Applicant requests the property be zoned C-N (Neighborhood Business
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
STRADA BELLISSIMA; CASE NO. RZ 07-013 PAGE 2 OF 5
8. The entire parcel of property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following
manner: to allow retail and restaurant uses adjacent to the existing residential development.
10. The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as L-O (Limited Office).
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 §50-222. The Municipal Code of the City of Meridian § 11-SB-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 rnay 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 TI3E 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 area if zoned C-N.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
STRADA BELLISSIMA; CASE NO. RZ 07-013 PAGE 3 OF 5
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 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 March,
2008.
ROLL CALL:
COUNCILMAN DAVID ZAREMBA VOTED
COUNCILMAN JOE BORTON VOTED /~
COUNCILMAN CHARLIE ROUNTREE VOTED \~~Q ,
COUNCILMAN KEITH BIRD VOTED ~[~a
~
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
~
DATED: _~~n~h ISS . ZOo~
MOTION: APPROVED: ~( DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
STRADA BELLISS W1A; CASE NO. RZ 07-013 PAGE 4 OF 5
MAYOR,YA[MMY de WEERD
ATTEST:
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~~~.I~
JAYCEE OLMAN, CITY CLERI~,~ .~, T ~.~ ~~ ~~'
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Department, and City Attorney.
BY' Dated: ~' a5 ~0 ~
' y Cler 's Office
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