Westborough Square H-2015-0036 Findings of DenialBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR A MODIFICATION TO THE
EXISTING CONDITIONAL USE
PERMIT/PLANNED DEVELOPMENT
TO CHANGE THE USE AND SITE
LAYOUT FROM AN OFFICE TO A
MULTI -FAMILY RESIDENTIAL
DEVELOPMENT AND A REZONE OF
3.32 ACRES OF LAND FROM L -O TO
THE R-15 ZONING DISTRICT
-•-0
WESTBOROUGH SQUARE
By Northside Management
APPLICANT.
C/C 03-1-16
Case No. H-2015-0036
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND
ORDER OF DENIAL
The above entitled modification to the existing conditional use permit/planned
development and rezone application having come on for public hearing on March 1, 2016, at
the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian,
Idaho. Sonya Watters, Meridian Planning and Zoning Department, and Scott Noriyuki
appeared and testified on behalf of Northside Management, 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 development agreement
modification and preliminary plat was published for two (2) consecutive weeks prior to said
public hearings scheduled for March 1, 2016, before the City Council, the first publication
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Case No. H-2015-0036 PAGE 1 OF 4
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 1, 2016, 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 fall 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 at 6340 N. Jericho, in the northeast 1/4 of
Section 30, Township 4 North, Range 1 East, Meridian, Idaho.
5. Corey Barton, whose address is 1977 E. Overland Road, Meridian, ID 83642,
is the current property owner.
6. Northside Management, whose address is 6810 Fairhill Place, Boise, Idaho
83714, is the applicant.
7. The applicant, Northside Management, has applied for a rezone (RZ) of
approximately 3.32 acres of land from the L -O zoning district to the R-15 zoning districts
and a modification to a conditional use permit/planned development (MCU) to change the
use and site layout from an office to a multi -family residential development. The property
which is the subject of this application is within the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Case No. H-2015-0036 PAGE 2 OF 4
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 Sections 11-513-3 and 11-5B-6 of the Unified Development Code to review
the re -zone application and the conditional use permit/planned development 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 March 1, 2016, incorporated by reference.
5. That this denial is based upon the staff, applicant, and public comments from
the public hearing by the Planning and Zoning Commission from January 7, 2016 which
resulted in a recommended denial
6. This denial is based upon the staff, applicant, and public comments received on
March 1, 2016 at the public hearing before 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 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 modification to the
existing conditional use permit is no longer needed and is therefore denied.
The applicant's has right to request a regulatory taking analysis pursuant to section
67-8003, Idaho Code. An affected person aggrieved by a final decision concerning matters
identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Case No. H-2015-0036 PAGE 3 OF 4
remedies have been exhausted under local ordinances seek judicial review as provided by
chapter 52, title 67, Idaho Code.
2016.
By action of the City Council at its regular meeting held on the 1,5- day of March,
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN LUKE CAVENER
COUNCILWOMAN GENESIS MILAM
COUNCILMAN TY PALMER
COUNCILMAN ANN LITTLE ROBERTS
VOTED f�
VOTED
VOTED
VOTED
VOTED
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: .AIX-C14ya '-?OL
MOTION: APPROVED: K DISAPPROVED:
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
By: Dated:(
City Clerks Of ice
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CONDITIONAL USE PERMIT AND REZONE. Case No. H-2015-0036 PAGE 4 OF 4