HomeMy WebLinkAboutLeeshire Subdivision AZ 04-017
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXA nON
AND ZONING OF 29.69 ACRES TO
R-4,
L-O, and C-N ZONES FOR
LEESHIRE SUBDIVISION
SWI ASSOCIATES, LLC,
APPLICANT
C/C 09-07-04
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Case No. AZ-O4-017
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 September 7,2004, at the hour of7:00 o'clock p.m., Anna Powell Planning Director
for the Planning and Zoning Department, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad
Alvaro, Rick Hansen, Mark Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill
Wiser, Dale O'Brien, Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller,
Jake Centers, Mauri Lewis, Jerry Peterson and Ed Buckley, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes 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 hearing scheduled for September 7,
2004, 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 ofthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-04-0I7
PAGE 1 OF8
external boundaries of the property under consideration more than fifteen (15) days prior to said
hearing and with the notice of public hearing 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 at the September 7, 2004, public hearing;
and the applicant, affected property owners, and government subdivisions providing 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 §§11-2-4l6E and ll-2-4l7A, Municipal Code ofthe
City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title II, 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 29.69 acres in size and is generally located on the
west side of Locust Grove Road, approximately Y:z mile north of McMillan Road, Meridian,
within Section 30, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho.
5.
Grant and Joyce Lee are the current property owners and Mr. Lee has submitted
notarized consent for the subject application.
6.
Applicant is SWI Associates, 4700 N. Cloverdale Road, Suite 214, Boise, Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISIÓN; CASE NO. AZ-O4-017
PAGE 2 OF 8
83713.
7.
The subject property is currently zoned RUT (Ada County) and consists of a
residence, out-buildings, and pasture land.
8.
The Applicant requests the property be zoned as R-4 (Low Density Residential)
and L-O (Limited Office). The property which is the subject ofthis application is within the
Area of Impact of the City of Meridian.
9.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
11.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
12.
The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Medium Density Residential!Mixed-Use Community.
13.
There are significant existing trees that affect the consideration of this
application..
14.
The proposed uses for the proposed development, the design of the proposed
development and its conformity in relation to neighboring developments are not compatible with
the Meridian Comprehensive Plan.
15.
The zoning and design ofthe proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE 3 OF 8
16.
The applicant has no definitive plans for the lots proposed to be zoned L-O. The
applicant did not present sufficient evidence of the probable uses, or building design/elevations.
The applicant did not present sufficient evidence explaining how the limited office lots would
satisfY the use exception requirement of Meridian City Code. Because insufficient evidence was
presented on the use exceptions, Council could not adequately determine the required
relationship between the excepted use and the principal use of the development.
17.
The open space amenity (park) is designed such that it is located too far from the
small residential lots which would derive the most benefit from the additional open space and
related features. The open space is located principally near the large lots, and specifically
adjacent to the largest lot in the subdivision giving the appearance that the open space amenity is
designed to primarily benefit the owner of the 58,000 square foot lot.
18.
The design of the subdivision presents a variety of lot sizes but the range of lots
varies from a high of 58,000 to a low of 5,900 square feet. The range of sizes is so great it will
likely create incompatible housing types within the development.
19.
The proposed development is not in the best interests of the City of Meridian.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation 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 Section 50-222. The
Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real
property that is within the Meridian Urban Service Planning Area as set forth in the City's
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-04-0I7
PAGE 4 OF 8
2.
The City Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No.
02-382.
4.
The requested zoning of Low Density Residential (R-4), Limited Office (L-O) and
Neighborhood Business District (C-N), are defined in the Zoning Ordinance at 11-7-2 C, G and H
as follows:
(R-4) Low Density Residential District: Only single-family dwellings, public schools,
and public and private parks shall be permitted and no conditional uses shall be permitted
except for planned developments. The purpose ofthe R-4 district is to permit the
establishment of low density single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to occur in accord with the
comprehensive plan of the city, and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a
maximum of four (4) dwelling units per acre and requires connection to the municipal
water and sewer systems of the city of Meridian.
AND
(LoD) Limited Office District: The purpose of the L-O district is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall not
involve heavy testing operations of any kind or product manufacturing of such a nature to
create noise, vibration or emissions of a nature offensive to the overall purpose of this
district. The L-O district is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the municipal water and sewer system of the city is a requirement in this
district.
5.
That in § 11-2-417 A it provides in part that:
"If the Commission and Council approve an annexation request, the Commission
and Council shall insure that said annexation is in accord with this Ordinance and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE 5 OF 8
the Comprehensive Plan."
6.
Idaho Code § 67-651 I (c) provides in matters where the City Council is
considering a zoning designation application as follows:
"Ifthe request is found by the governing board to be in conflict with the adopted
plan, or would result in demonstrable adverse impacts upon the delivery of
services by any political subdivision providing public services, including school
districts, within the planning jurisdiction, the governing board may require the
request to be submitted to the planning or planning and zoning commission or, in
absence of a commission, the governing board may consider an amendment to the
comprehensive plan pursuant to the notice and hearing procedures provided in
section 67-6509, Idaho Code. After the plan has been amended, the zoning
ordinance may then be considered for amendment pursuant to section 67-6511 (b),
Idaho Code."
7.
Idaho Code § 67-6512 (a) provides the authority to grant special and/or
conditional use permits" . . . . when it is not in conflict with the plan." [referring to the
Comprehensive Plan.]
8.
The City's authority to make and enforce ordinances are confined to within the
City's boundaries as provided in Article XII § 2 of the Constitution of the State ofIdaho.
9.
The provisions of LC. § 50-222 govern the conditions upon which the
City illID! exercise its authority to annex 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:
1.
That the application for annexation and zoning is denied for the following
reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-04-017
PAGE 6 OF 8
A.
The proposed uses for the proposed development, the design of the
proposed development and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design ofthe proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests ofthe City of
Meridian.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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 may be 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 may be 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.
By action ofthe City Council at its regular meeting held on the /2--tf!, day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE 7 OF 8
...",
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,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED
~
GOUNOLMlílo;[ :BILL NAR:r:
',,'01135
VOTED ~
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED ~
MAYOR TAMMY De Weerd (TIE BREAKER)
DATED: /P-/z........,p~
.
VOTED
MOTION: '--r-
APPROVED; )(
/
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By: jí).J\.a... ~
City Clerk's Office
Dated:
m-2.S-o4-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
LEESHIRE SUBDIVISION; CASE NO. AZ-O4-017
PAGE 8 OF 8