HomeMy WebLinkAboutSilver Oaks Subdivision AZ
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 28.65 ACRES TO
R-15 & L-O ZONES FOR
SILVER OAKS SUBDIVISION
CHARTER BUILDERS, INC.
APPLICANT
C/C 07-26-05
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Case No. AZ-05-016
FINDINGS OF FACT AND
CONCLUSIONS OF LA W AND
DECISION AND ORDER OF
DENIAL
The above entitled annexation and zoning application having come on for public
hearing on July 26,2005, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon
appeared and testified, 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 zoning
was published for two (2) consecutive weeks prior to said public hearing scheduled for
July 26, 2005, 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
SILVER OAKS SUBDIVISION; CASE NO. AZ-OS-OI6
PAGE I OF 4
stations as public service announcements; and the matter having been duly considered by
the City Council on July 26, 2005, 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 § § 11-2-416E and 11-2-417 A,
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 adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
4.
The property is approximately 28.65 acres in size and is generally located
on the north of West Franklin Road and west of North Ten Mile Road, Meridian, within a
portion of the S Yz of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho.
5.
Ten Mile Development, LLC, 1409 E. First Street, Meridian, Idaho 83642,
is the current property owner.
6.
Applicant is Dave McKinnon on behalf of Charter Builders, Inc., 405 S.
8th, Suite 290, Boise, Idaho 83702.
7.
The subject property is currently zoned RUT (Ada County).
8.
The Applicant requests the property be zoned R-15 (High Density) and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
SILVER OAKS SUBDIVISION; CASE NO. AZ-OS-OI6
PAGE 2 OF 4
L-O (Limited Office). The property which is the subject of this application is within the
Area of Impact of the City of Meridian.
9.
The entire parcel of property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
10.
The Applicant proposes to develop the subject property in the following
manner: A planned development including a clubhouse, workout room, a daycare, four
(4) office lots, and 77 multi family buildings (containing 308 dwelling units).
11.
The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as High Density Residential.
CONCLUSIONS OF LAW
1.
The City of Meridian has discretionary 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 §50-222. The Municipal Code of the City of Meridian §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.
2.
The provisions ofIdaho Code §50-222 govern the conditions upon which
the City mav 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
SILVER OAKS SUBDIVISION; CASE NO. AZ-OS-OI6
PAGE 3 OF 4
That the application for annexation and zoning is denied for the following
reasons:
The proposed development is not in the best interest of the City of Meridian.
By action of the City Council at its regular meeting held on the - day of
August, 2005.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED
COUNCIL WOMAN CHRISTINE DONNELL
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
COUNCILMAN KEITH BIRD
VOTED
MA YOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
DISAPPROVED:
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
Dated:
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL
SILVER OAKS SUBDIVISION; CASE NO. AZ-OS-OI6
PAGE 4 OF 4