HomeMy WebLinkAboutUtility Sub AZ 01-015BEFORE THE MERIDIAN CITY COUNCIL
C/C 07-16-02
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 34.60 ACRES
FROM RUT TO I-L AND L-O
ZONES FOR THE PROPOSED
UTILITY SUBDIVISION,
LOCATED AT 3365 N. TEN MILE
ROAD, MERIDIAN, IDAHO
BY: FALCON CREEK, LLC,
APPLICANT
Case No. AZ-01-015
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 July 16, 2002, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning
Administrator, Ashley Ford, Steve Sedlacek, Janet Wilder, Charles Crane, Cheryl Hennings,
John George, Mark Reece, Dana Borquist, Charles Cody, and Tom Kuntz, 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 July ! 6, 2002,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION
(AZ-O~-O~ 5)
boundaries of the property under consideration more than fifteen (15) days prior to said heating
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 July 16, 2002, 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 § § 11-2-416E 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 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 34.60 acres in size and is located at 3365 N. Ten
Mile Road. The property is designated as Utility Subdivision.
5. The owner of record of the subject property is Falcon Creek, LLC of Boise,
Idaho.
o
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION
(AZ-01-015)
Applicant is owner of record.
The property is presently zoned by Ada County as RUT, and consists of pasture.
The Applicant requests the property be zoned as Light Industrial (I-L) and
Page 2
Limited Office (L-O).
9. The subject property is bordered to the north by I-L zoned property, to the south
and east by R-4 zoned property, and to the west by City R-2 and County R-U-T zoned property.
10. The property which is the subject of this application is within the Area of Impact
of the City of Meridian, and 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:
develop a waste transfer station, commercial vehicle repair, storage and office.
12. The Applicant requests zoning of the subject real property as I-L and L-O which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Agricultural/Rural Residential.
13. The Meridian City Council recognizes and takes notice of the concerns of
neighboring property owners expressed by mail and in person.
14. There are no significant or scenic features of major importance that affect the
consideration of this application.
15. The proposed development does not constitute light industrial use.
16. The proposed development would pose concerns in regards to noise, odor, litter,
and the potential impact to surrounding neighbors.
17. It is found to not be in the best interests of the City of Meridian to annex the
subject property, at this time, given the subject development proposal.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC- PROPOSED UTILITY SUBDIVISION
(AZ-01-015)
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 the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No.
629, January 4, 1994.
4. The requested zoning of Light Industrial (I-L) and Limited Office (L-O), are
defined in the Zoning Ordinance at 11-7-2 C. as follows:
(I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to
provide for light industrial development and opportunities for employment of Meridian
citizens and area residents and reduce the need to commute to neighboring cities; to
encourage the development of manufacturing and wholesale establishments which are
clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust,
smoke or glare and that are operated entirely or almost entirely within enclosed
structures; to delineate areas best suited for industrial development because of location,
topography, existing facilities and relationship to other land uses. This District must also
be in such proximity to ensure connection to the Municipal water and sewer systems of
the City. Uses incompatible with light industry are not permitted, and strip development
is prohibited.
And
(L-O) 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION
(AZ-01-015)
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
the Comprehensive Plan."
6. Idaho Code § 67-651 l(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."
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 of Idaho.
9. The provisions ofI.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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC- PROPOSED UTILITY SUBDIVISION
(AZ-OI-OI$)
Page 5
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 for the following:
a. The concerns of neighboring property owners expressed by mail and in
person have been recognized.
b. The proposed development does not constitute light industrial use.
c. The proposed development would poses concerns in regards to noise,
odor, litter, and the potential impact to surrounding neighbors.
d. The City Council determined, at their July 16, 2002 meeting, that the
annexation of the property is not in the best interest of the City of
Meridian at this time.
2) Based upon the section set forth in item no. 1 the application for zoning designation
is dismissed.
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 /
FALCON CREEK, LLC- PROPOSED UTILITY SUBDIVISION
(AZ-OI-OlS)
Page 6
By action of the City Council at its regular meeting held on the
R~ ,2002.
ROLL CALL:
COUNCILMAN BIRD
b'4~day of
VOTED
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS
VOTED
COUNCILMAN NARY
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~'--~; ~0 Z
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
o: us/j;:,:,.,
...--'
By ~ ¢. Dated:
~ty Clerk ~..
ZSWork~Mefidian~Mefidian 15360M~Ufili~ Sub AZ 01-015 PP-01-017 Denials~FCLOrdAZ01-015DENIAL.do~.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION
(AZ-01-015)
Page 7