HomeMy WebLinkAboutCallister Developmnt CPA 03-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-15-03
IN THE MATTER OF THE
REQUEST FOR COMPREHENSIVE
PLAN AMENDMENT TO CHANGE
APPROXIMATELY 12.25 ACRES
OF THE SITE FROM MIXED-USE
NEIGHBORHOOD TO
COMMERCIAL FOR CALLISTER
DEVELOPMENT, LOCATED AT
SOUTHWEST CORNER OF W.
OVERLAND ROAD AND S.
STODDARD ROAD, MERIDLAN,
IDAHO
Case No. CPA-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF COMPREHENSIVE
PLAN AMENDMENT
BY DAVE CALLISTER
APPLICANT
The above entitled matter coming on regulazly 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 comprehensive plan amendment 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 comprehensive plan amendment approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 1 OF 4
FINDINGS OF FACT
It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
comprehensive plan amendment 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 proposed commercial designation would be incompatible with the surrounding
residential subdivision and area.
4. The proposed commercial designation is not reflective of the City of Meridian's
vision for that particular area, and therefore, the amendment change is not necessary
based upon the land use plan for that area as planned for within the Comprehensive
Plan adopted on August 6, 2002.
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:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does
hereby deny the application for comprehensive plan amendment approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSNE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 2 OF 4
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.
C~
By action of the City Council at its regular meeting held on the vJ 'day of
~~ f , 2003.
By:
~14&y6Y, Ci Meridian Pj~fiiLe~~z`-C~%~ouHC~e.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSIVE PLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 3 OF 4
Attest:
~~
William G. Berg, Jr., City
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C)~~oaPOR,q~~'9'G
SEAL
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Copy served upon Applicant, the Planning and ~d[fe4igl Dt~~~~artment, Public Works Department
and City Attorney.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
COMPREHENSNEPLAN AMENDMENT FOR
CALLISTER DEVELOPMENT
PAGE 4 OF 4