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
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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.
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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.
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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.
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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
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