Jayker Villiage Subdivision MDA 15-001 RZ 15-003 PP 15-003 and CUP 15-003BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
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FOR A DEVELOPMENT AGREEMENT
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MODIFICATION TO EXCLUDE THE
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PROPOSED C -C ZONING BOUNDARY
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FROM THE EXISTING DEVELOPMENT
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AGREEMENT; REZONE 26.09 ACRES
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FROM C -N AND R-15 DISTRICTS TO
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THE R-15 AND C -C ZONING DISTRICTS;)
A CONDITIONAL USE PERMIT FOR A
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SELF STORAGE FACILITY; AND A
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PRELIMINARY PLAT CONSISTING OF
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1 RESIDENTIAL LOT, 3 COMMERCIAL
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LOTS AND 3 COMMON LOTS ON 23.59
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ACRES
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FOR
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JAYKER VILLAGE SUBDIVISION
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By OAK LEAF DEVELOPMENT
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COMPANY, INC.,
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APPLICANT.
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CIC 04-21-15
Case No. MDA 15-001; PP 15-003
CUP 15-003; RZ 15-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled rezone application, development agreement modification,
conditional use permit application and preliminary plat application having come on for public
hearing on April 7, 2015, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East
Broadway Avenue, Meridian, Idaho. Bill Parsons, Meridian Planning and Zoning Department,
and Gary Allen appeared and testified on behalf of Oak Leaf Development Company, Inc., 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR PRELIMINARY
PLAT; DEVELOPMENT AGREEMENT MODIFICATION; CONDITIONAL USE PERMIT, AND REZONE
CASE NO. MDA 13-024; PP 13-039; CUP 15-003; RZ 15-003 PAGE I OF 4
FINDINGS OF FACT
1. The notice of public hearing on the application for development agreement
modification and preliminary plat was published for two (2) consecutive weeks prior to said
public hearings scheduled for April 7, 2015, before the City Council, the first publication
appearing and written notice having 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 4, 2014, 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 §11-5A, 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 on
April 19, 2011, Resolution No. 11-784, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is generally located on the north side of Chinden Boulevard; west
of N. Tree Farm Way and N. Tree Haven Way in the SW I/4 of Section 22, Township 4N,
Range 1W, Meridian, Idaho
5. Oak Leaf Development Company, Inc., whose address is 7270 N. Tree Haven
Place, Meridian, ID 83646, is the current property owner and applicant.
6. The applicant, Oak Leaf Development Company, hasapplied for a rezone (RZ)
of approximately 26.09 acres of land from the R-15 and C -N zoning districts to the R-15 (8.48
acres) and C -C (17.61 acres) zoning districts; a preliminary plat (PP) consisting of 1 residential
lot, 3 commercial lots and 3 common lots on approximately 23.59 acres; a conditional use
permit (CUP) to construct and operate a self-service storage facility consisting of fifteen (15)
storage buildings and an office building with a caretakers unit on approximately 11. 18 acres in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OP DENIAL FOR PRELIMINARY
PLAT, DEVELOPMENT AGREEMENT MODIFICATION; CONDITIONAL USE PERMIT; AND REZONE
CASE NO. MDA 13-024; PP 13-039; CUP 15-003; RZ 15-003 PAGE 2 OF 4
a proposed C -C zoning district; a development agreement modification (MDA) to exclude the
proposed C -C zoning boundary from the existing development agreement and enter into a new
DA for the purpose of attaching a new concept plan and new provisions relevant to the
proposed development; and alternative compliance (ALT) to deviate from the landscape buffer
requirements adjacent to streets set forth in UDC 11-313-7C and the parking standards for the
proposed self-service storage facility set forth in UDC 11-3C-613. The property which is the
subject of this application is within the City of Meridian.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code §67-
6511 and Section 11-513-3 of the Unified Development Code to review the re -zone application
and the development agreement modification request.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of April 7, 2015, incorporated by reference.
��I.�17�/:_ ► 1 1 : 1 �
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 rezone is denied since the proposed application is not in the
best interest of the City at this time. The applicant has failed to provide a compelling reason to
change the zoning as originally proposed when the project was approved.
Since the request to rezone the property has been denied, the preliminary plat request
and the conditional use permit and the development agreement modification are no longer
needed and are therefore denied.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR PRELIMINARY
PLAT; DEVELOPMENT AGREEMENT MODIFICATION; CONDITIONAL USE PERMIT; AND REZONE
CASE NO. MDA 13-024; PP 13-039; CUP 15-003; RZ 15-003 PAGE 3 OF 4
2015.
By action of the City Council at its regular meeting held on the ;:;�A day of April,
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN LUKE CAVENER
COUNCILWOMAN GENESIS MILAM
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN DAVID ZAREMBA
VOTED
VOTED l� y e
VOTED
VOTED
VOTED _a4C
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: (*A DI _ Dws-
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Atjernuy.----�
v Dated:
City 's 01fice t
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR PRELIMINARY
PLAT; DEVELOPMENT AGREEMENT MODIFICATION; CONDITIONAL USE PERMIT; AND REZONE
CASE NO. MDA 13-024; PP 13-039; CUP 15-003; RZ 15-003 PAGE 4 OF 4