HomeMy WebLinkAboutKeltic Heights Subdivision AZ-00-020BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/06/01
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION )
AND ZONING OF 339.73 ACRES )
FOR KELTIC HEIGHTS )
SUBDIVISION, LOCATED AT )
THE WEST SIDE OF MERIDIAN )
ROAD FROM MC MILLAN )
ROAD TO CHINDEN, )
MERIDIAN, IDAHO )
)
)
BY: PARIS_AND DEVELOPMENT
Case No. AZ-00-020
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 February 6, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles,
Planning and Zoning Administrator, and Gary Smith, Public Works Director,
appeared and testified, and appearing and testifying on behalf of the Applicant was:
Kent Brown and Greg Johnson, and those testifying in favor of the project were: Kelly
Fulpher and David Turnbull, and appearing and testifying in opposition and/or with
concerns were: Buck Hamilton, Steven Trusker and Doug Stewart, 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 AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
PARItLAND DEVELOPMENT- KELTIC HEIGHTS SUBDIVISION
Page 1
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 February 6, 2001, 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 stations as public service announcements;
and the matter having been duly considered by the City Council at the February 6,
2001, public hearing; and the applicant, affected property owners, and government
subdivisions prOviding sendces 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
PARKLAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION
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Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 339.73 acres in size and is located at the
west side of Meridian Road from McMillan Road to Chinden Blvd. The property is
designated as Keltic Heights Subdivision.
5. The owners of record of the subject property are Parldand Development,
LLC, Dwaine and Sharon Wolf, and Melverne Dennett, Meridian, Idaho.
6. Applicant is ParMand Development, LLC, of Meridian, Idaho.
7. The property is presently zoned by Ada County as RT, and consists of
agricultural and residential uses.
8. The Applicant requests the property be zoned as R-4, R-8 and CN.
9. The subject property is bordered on all sides by agricultural and rural
residential uses and the city limits of the City of Meridian are not adjacent.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The Applicant proposes to develop the subject property in the following
manner: Neighborhood Commercial at the south and northeast corners, and
residential uses for most of the remaining property.
13. The Applicant requests zoning of the subject real property as R-4, R-8
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
PARIO_AND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION
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and CN which is not consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Single Family Residential.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
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.
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 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. That in § 11-2-417 A it provides in part that:
"If the Commission and Council approve an annexation request, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
PARI(J_AND DEVELOPMENT- KELTIC HEIGHTS SUBDIVISION
Page 4
Commission and Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan."
5. Idaho Code § 67-6511 (c) provides in matters where the City Council is
considering a zoning designation application as follows:
"If the 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."
6. 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.]
7. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL/
PARIS_AND DEVELOPMENT- KELTIC HEIGHTS SUBDIVISION
Page 5
State of Idaho.
8. The provisions of I.C. § 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:
1) That the application for annexation is denied because it is in violation of
I.C. § 55-222 as the proposed annexed property does not lie adjacent to and is not
contiguous with the boundaries of the City of Meridian.
NOTICE OF FINAL ACTION
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 the denial of
the annexation and zoning 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 /
PARKLAND DEVELOPMENT - Ird~LTIC HEIGHTS SUBDIVISION
Page 6
By action of the City Council at its regular meeting held on the
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
~a~7~--day of
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE MC CANDLESS
VOTED
MAYOR ROBERT O. CORRIE (TIE BREAKER)
DATED: ff_.-- ~P"" 0/
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. ~.:~m~..~,~
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