HomeMy WebLinkAboutSalisbury Sub No. 2 AZ 03-036RECEIVED
APR 0 7 2004
Interoffice
City Of Meridian
City Clerk Ofi4ce
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: SALISBURY SUBDIVISION N0.2 BY EARL, MASON AND STANFILED,
INC. / AZ-03-036
Date: Apri17, 2004
Will:
Pursuant to City Council's action at their March 16, 2004, meeting, pertaining to
the Annexation and Zoning application by Earl, Mason and Stanfield, Inc. for the proposed
Salisbury Subdivision No. 2, and Council's denial thereof, please find attached the original of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF ANNEXATION AND ZONING in the Salisbury Subdivision No. 2.
This may be presented to the Mayor to obtain his signature first in the Salisbury
Subdivision No. 2 applications, and then addressing the preliminary plat application, Case No.
PP-03-042, thereafter. After you have executed the Findings please present copies to the
Applicant, Planning and Zoning, Public Works and the City Attorney.
If you have any questions please advise.
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-16-04
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 19.70 ACRES TO
R-8 ZONE FOR SALISBURY
SUBDIVISION, LOCATEDON THE
EAST SIDE OF VENABLE LANE,
APPROXIMATELY'h MILE WEST
OF MERIDIAN ROAD AND % MILE
SOUTH OF USTICK ROAD,
MERIDIAN, IDAHO
BY EARL, MASON AND
STANFILED,
APPLICANT
CASE NO. AZ-03-036
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENLAL OF ANNEXATION AND
ZONING
The above entitled matter coming on regularly for public hearing before the City Council;
on March 16, 2003, at the hour of 7:00 0' clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the hearing was opened on the annexation and zoning application, and
Anna Powell, Planning Director for the Planning and Zoning Department, Scott Stanfield, Chris
Brower, Joe Simunich, and Jeff Wood, appeared and testified at the hearing, and the City
Council based upon the testimony presented at the hearing does hereby deny the application for
annexation and zoning approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR SALISBURY SUBDNISION NO. 2
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
annexation and zoning due to the following:
1. The City Council also recognizes the concerns listed in Mark Snodgrass's letter
submitted into public record at the March 16, 2004 meeting.
2. The Applicant has never attempted any kind of communication with the surrounding
property owners, both on the east and western boundaries of the property, to discuss
the issues of planning for the uses along Venable Lane, as well as access or
improvements in the future on Venable Lane, to come to an agreement with
resolution to these issues.
3. The proposed R-8 designation would be incompatible with the surrounding residential
subdivision and area, which is R-4.
4. The proposed R-8 designation is not reflective of the City of Meridian's vision for
that particulaz azea.
5. Annexation is not in the best interests of the City of Meridian given the nature of the
proposed development.
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 annexation and zoning approval for the following reasons:
1. The City Council also recognizes the concerns listed in Mazk Snodgrass's letter
submitted into public record at the Mazch 16, 2004 meeting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR SALISBURY SUBDIVISION N0.2
PAGE 2 OF 4
2. The Applicant has never attempted any kind of communication with the surrounding
property owners, both on the east and western boundaries of the property, to discuss
the issues of planning for the uses along Venable Lane, as well as access or
improvements in the future on Venable Lane, to come to an agreement with
resolution to these issues.
3. The proposed R-8 designation would be incompafible with the surrounding residential
subdivision and azea, which is R-4.
4. The proposed R-8 designation is not reflective of the City of Meridian's vision for
that particular area.
5. Annexation is not in the best interests of the City of Meridian given the nature of the
proposed development.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR SALISBURY SUBDIVISION NO. 2
PAGE 3 OF 4
By action of the City Council at its regular meeting held on the day of
2004.
Attest:
By:
Tammy de Weerd
Mayor, City of Meridian
William G. Berg, 7r., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Dated:
Z:\WorkN-1\MeridianVNeridian 15360M\Salisbury Sub No. 2 AZ-03-036 PP-03-042 Denial Findings\FFCLOrdDenyAZ.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF
ANNEXATION AND ZONING FOR SALISBURY SUBDNISION N0.2
PAGE 4 OF 4