HomeMy WebLinkAboutAshtyn Park Subdivision AZ 05-020
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 2.3 ACRES TO L-O
FOR ASHTYN PARK SUBDIVISION
DAVID PRICE
APPLICANT
C/C06-28-05
08-09-05
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Case No. AZ 05-020
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 June 28, 2005 and August 9, 2005, at the hour of7:00 o'clock p.m., Anna
Canning, City Planning and Zoning Administrator for the Planning and Zoning
Department, David Price 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 hearings scheduled for
June 28, 2005 and August 9, 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 hearings and with the notice of
public hearings having been posted upon the property under consideration more than one
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS.O20
PAGE J OF4
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 June 28, 2005 and August 9,2005,
public hearings; 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 11-2-417A,
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 2.3 acres in size and is generally located on
the southwest corner of north Meridian Road and west Ustick Road, Meridian, within a
portion of the S 12 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho.
5.
Presbytery of Boise, an Idaho Corporation, c/o Joey Mills and Blair Clark,
is the current property owner.
6.
Applicant is David Price, 2291 Greenview Court, Eagle, Idaho 83616.
7.
The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECJSION AND ORDER OF DENIAL
ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS-O20
PAGE 2 OF 4
8.
The Applicant requests the property be zoned L-O (Limited Office). The
property which is the subject ofthis application is within the Area of Impact ofthe 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: Office buildings.
11.
The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Limited Office.
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 ofthe 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 may 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
ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS-O20
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.
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By action of the City Council at its regular meeting held on the ~ day of
September, 2005.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~
VOTED ~
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VOTED ~
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COUNCILWOMAN CHRISTINE DONNELL
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MA YOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
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APPROVED: )(
DISAPPROVED:
MOTION:
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Copy served opon Applicant, :~~d ~~:: Department, Pnblic Works
Department, and City Attorney.
~1I1 ,~IA-íOK TAMMY tie WEERD
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ATTEST:
BY:~~\.,L)
City Clerk's Office
Dated: 9 .- Î -C 5
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
ASHTYN PARK SUBDIVISION; CASE NO. AZ-OS-O20
PAGE 4 OF 4