HomeMy WebLinkAboutCabella Creek Subdivision RZ 09-004BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR
RE-ZONING OF 5.41 ACRES FROM R-4
(MEDIUM LOW DENSITY RESIDENTIAL)
TO R-8 (MEDIUM -LOW DENSITY
RESIDENTIAL)
BY
COLEMAN HOMES, LLC
APPLICANT.
Case No. RZ 09-004
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 December 22, 2009, at the hour of 7:00 o'clock p.m., Pete Friedman, Deputy
Planning Director and Bill Parsons, Associate Planner for the Meridian Planning and Zoning
Department and Becky McKay representing Coleman Homes, 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
December 22, 2009, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three hundred
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CABELLA CREEK SUBDNISION REZONE; CASE NO. RZ 09-004 PAGE 1 OF 4
(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 December 22, 2009, 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 5.41 acres in size and is generally located at the
north side of E. Victory Road, west of S. Mesa Way and east of S. Bailey Way in the SE'/a of
in Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, state of Idaho.
5. The current property owner and applicant is Coleman Homes, LLC, 1859 S.
Topaz Way, Suite 200, Meridian, ID 83642.
6. The subject property is currently zoned R-4 (Low Density Residential
District).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CABELLA CREEK SUBDNISION REZONE; CASE NO. RZ 09-004 PAGE 2 OF 4
7. The Applicant requests the property be zoned R-8 (Medium Low Density
Residential District). The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
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: single family residential development.
10. The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Low Density Residential District.
CONCLUSIONS OF LAW
1. The City of Meridian has discretionary authority to annex and re-zone real
property upon written request for annexation and/or re-zone 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 or re-zone 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 may exercise its authority to annex and/or re-zone 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CABELLA CREEK SUBDIVISION REZONE; CASE NO. RZ 09-004 PAGE 3 OF 4
That the application for re-zoning is denied for the following reasons:
The proposed re-zone of R-8 of the property is not consistent with the current land
use designation and is not in the best interest of the City of Meridian.
By action of the City Council at its regular meeting held on the Ids day of January,
2010.
ROLL CALL:
COUNCILMAN DAVID ZAREMBA
COUNCILMAN BRAD HOAGLUN
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ---'
DATED: 12l aD l l~
MOTION: APPROVED: V DISAPPROVED:
VOTED
VOTED
VOTED
VOTED
7~ .
ATTEST:
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de WEERD
SEAL
JAYCEE L. HOLMAN, CITY CIS ~~ ~~
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Copy served upon Applicant, the Planning and~'~k~nlgge~sp~inent, Public Works Department, and City
Attorney.
By: Dated: ~ l C)
rty Cl k's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CABELLA CREEK SUBDIVISION REZONE; CASE NO. RZ 09-004 PAGE 4 OF 4