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Selway Apartments RZ FindingsBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR RE-ZONING OF 10.1 ACRES FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL) TO R-40 (HIGH DENSITY RESIDENTIAL) BY MERIDIAN APARTMENTS, LLC APPLICANT. Case No. RZ 07-020 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 18, 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 Lisa Bockman with JUB Engineering representing Meridian Apartments, 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 18, 2008, before the City Council, the first publication appearing and written notice having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 1 OF 5 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 March 18, 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 10.1 acres in size and is generally located at the west side of N. Goddard Creek Road, approximately 500 feet north of E. McMillan Road and '/ mile East of North Ten Mile Road in Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, state of Idaho. 5. The current property owner is Daniel Gibson, 19500 HWY 20/26, Caldwell, Idaho, 83607. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 2 OF 5 6. Meridian Apartments, LLC, whose address is PO Box 633, Liberty Lake, WA 99019, is the applicant. 7. The subject property is currently zoned R-4 (Medium Low Density Residential District). 8. The Applicant requests the property be zoned R-40 (High Density Residential 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: to allow retail and restaurant uses adjacent to the existing residential development. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as R-40 (High Density Residential District). 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 3 OF 5 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 re-zone of the property is not in the best interest of the City of Meridian. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 4 OF 5 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 COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: MAYOR TAMMY de WEERD ATTEST: JAYCEE HOLMAN, CITY CLERK Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 5 OF 5