Order for DenialBEFORE THE MERIDIAN CITY COUNCIL
C/C 04-5-16
IN THE MATTER OF THE REQUEST )
Case No. H-2015-0029
FOR ANNEXATION AND ZONING OF )
51.45 ACRES OF LAND WITH )
AN R-8 ZONING DISTRICT AND )
APPROVAL OF A PRELIMINARY )
PLAT CONSISTING OF 199 BUILDING )
LOTS AND EIGHT (8) COMMON LOTS )
FINDINGS OF FACT AND
ON 51.45 ACRES OF LAND IN THE )
CONCLUSIONS OF LAW
R-8 ZONING DISTRICT )
AND DECISION AND
1
ORDER OF DENIAL
FOR
COPPERBROOK SUBDIVISION )
By Hayden Homes Idaho, LLC )
APPLICANT. )
The above entitled Annexation and Zoning and Preliminary Plat application having
come on for public hearing on April 5, 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 Casey Ketterling appeared and testified on behalf of Hayden
Homes Idaho, LLC, 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
preliminary plat was published for two (2) consecutive weeks prior to said public hearings
scheduled for April 5, 2016, before the City Council, the first publication appearing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
ANNEXATION AND PRELIMINARY PLAT. Case No. H-2015-0029 PAGE I OF 4
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 10 days 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 April 5, 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 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 at 4725 N. McDermott Road, in the NE 1/4
of Section 32, Township 4 North, Range 1 East, Meridian, Idaho.
5. Gerald Schwisow, whose address is 4725 N. McDermott Road, Meridian,
Idaho 83642, is the current property owner.
6. Hayden Homes Idaho, LLC, whose address is 1406 N. Main Street, Suite
114, Meridian, Idaho 83642, is the applicant.
7. The applicant, Hayden Homes Idaho, LLC, has applied for annexation and
zoning of approximately 51.45 acres of land with an R-8 zoning district and a preliminary
plat consisting of 199 building lots and 8 common lots on 51.45 acres of land in the
proposed R-8 zoning district. 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
ANNEXATION AND PRELIMINARY PLAT. Case No. H-2015-0029 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 §11-513-3 and §11-513-6 of the Unified Development Code to review the
annexation application and the preliminary plat 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 5, 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 February 18, 2016 which
resulted in a recommended denial.
6. This denial is based upon the staff, applicant, and public comments received on
April 5, 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 annexation and zoning 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 annex the property as proposed.
Since the request to annex the property has been denied, the request for preliminary
plat is no longer needed and is therefore denied.
The applicant has the 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
remedies have been exhausted under local ordinances seek judicial review as provided by
chapter 52, title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
ANNEXATION AND PRELIMINARY PLAT. Case No. H-2015-0029 PAGE 3 OF 4
2016.
By action of the City Council at its regular meeting held on the 161�day of April,
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED
COUNCILMAN JOE BORTON
VOTED
COUNCILMAN LUKE CAVENER
VOTED
COUNCILWOMAN GENESIS MILAM
VOTED
COUNCILMAN TY PALMER
VOTED
COUNCILMAN ANN LITTLE ROBERTS VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: q �I b
MOTION: APPROVED: DISAPPROVED:
ol
MAYO e WEERD
QC'gttirPr) A00,
ATTEST: J_��
'�
.,City
of
JACY J NE , CI
f
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
By: M q&ADated: 1-1 ~ 3 d —I o
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
ANNEXATION AND PRELIMINARY PLAT. Case No. H-2015-0029 PAGE 4 OF 4