HomeMy WebLinkAboutCallister Development CUP03-001BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 07-15-03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MINI
STORAGE & CONTRACTOR'S
YARD FOR CALLISTER
DEVELOPMENT IN A C-G ZONE,
LOCATED AT SOUTHWEST
CORNER OF W. OVERLAND
ROAD AND S. STODDARD ROAD,
MERIDIAN, IDAHO
BY DAVE CALLISTER
APPLICANT
CASE NO. CUP-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE
PERMIT
The above entitled matter coming on regularly for public hearing before the City Council,
on June 10, 2003, and continued until June 24, 2003 and July 15, 2003, at the hour of 7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was
opened on the conditional use permit application, and Anna Powell, Planning Director for the
Planning and Zoning Department, David McKinnon, and Matt Schultz, appeared and testified at
the hearing, and the City Council based upon the testimony presented at the hearing does hereby
deny the application for conditional use permit approval.
FINDINGS OF FACT
It is found that the Recommendation To City Council of the Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 1 OF 4
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
conditional use permit due to the following:
The Applicant requested the Mixed-Use Neighborhood designation on the map be
replaced with a commercial designation on the subject property, and which
commercial designation would indeed require an amendment to the Comprehensive
Plan as determined by City ordinance.
2. The current Comprehensive Plan adopted August 6, 2002, designates the property as
Mixed-Use Neighborhood.
3. The present land is currently vacant and zoned RUT (Ada County), and the applicant
Bequests the property to be zoned as C-G (General Retail & Service Commercial).
4. The applicant proposes to develop the subject property in the following manner:
Commercial use including mini-storage and contractor's yard.
5. The proposed commercial designation would be incompatible with the surrounding
residential subdivision and area.
6. The proposed commercial designation is not reflecfive of the City of Meridian's
vision for that particular azea, and therefore, the amendment change is not necessary
based upon the land use plan for that azea as planned for within the Comprehensive
Plan adopted on August 6, 2002. ,
7. That the request for rezone from RUT (Ada County) to C-G (General Retail &
Service Commercial has been denied by the Meridian City Council, Case No. AZ-03-
002, and the Comprehensive Plan Amendment to change the land use within the
Comprehensive Land Use Map to Commercial has also been denied, Case No. CPA-
03-001.
DECISION AND ORDER
Pursuant to the City Council's authority after reviewing and hearing the public
testimony in this matter, and based upon the above and foregoing Findings of Fact which are
herein adopted, and upon the denial of the Comprehensive Plan Amendment, Case No. CPA-03-
001, and the denial of the Annexation and Zoning, Case No. AZ-03-002, herein adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 2 OF 4
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for conditional use permit approval.
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 maybe 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
l~ ~-~~ , 2003.
By:
Tama~.~' delveevzc-
A4a}er, y of Meridian ~/'2Tia'~i~ ~~ Cory..we~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 3 OF 4
Attest:
G. Berg, Jr., City
Copy served upon Applicant,
and City Attorney.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR CALLISTER DEVELOPMENT
PAGE 4 OF 4