HomeMy WebLinkAboutHendrickson Subdivision AZ 06-012
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 9.43 ACRES TO R-2
FOR HENDRICKSON SUBDIVISION
KINGSBRIDGE PROPERTIES, LLC
APPLICANT
C/C 05/16/06
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Case No. AZ 06-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled annexation and zoning application having corne on for public
hearing on May 16,2006, at the hour of7:00 o'clock p.m., Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department, Ken Elliott of Vision
First, LLC on behalf of Kingsbridge Properties, LLC 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
May 16, 2006, 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
HENDRICKSON SUBDIVISION; CASE NO. AZ-O6-012
PAGE 1 OF 4
the City Council on May 16, 2006, 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 11-2-417A,
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 CUITent 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 9.43 acres in size and is generally located
on the south side of Victory Road and on the east side ofSelatir Way, approximately
1,500 feet east of Locust Grove Road, Meridian, Idaho, within a portion of the SW 'l4 of
the SW 1/4 of the NE 'l4 of Section 28, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho.
5.
Donald G. Hendrickson, whose address is 4240 Bott Lane, Meridian,
Idaho 83642, and Kingsbridge Properties, LLC, whose address is 661 Rivershore Lane,
Ste 120, Eagle, ID 83616 are the CUITent property owners.
6.
Applicant is Gordon Bates, Vision First - Kingsbridge Properties, LLC,
661 Rivershore Lane, Ste 120, Eagle, ID 83616.
7.
The subject property is cuITently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
HENDRICKSON SUBDIVISION; CASE NO. AZ-O6-0I2
PAGE 2 OF 4
8.
The Applicant requests the property be zoned R-2 (Low Density
Residential). 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: Low Density Residential
11.
The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Low 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 may exercise its authority to annex teITitory, 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 LA W AND DECISION AND ORDER OF DENIAL
HENDRICKSON SUBDIVISION; CASE NO. AZ-O6-012
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 23~ay of
May, 2006.
ROLL CALL:
COUNCILMAN JOE BORTON
VOTED
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COUNCILMAN SHAUN WARDLE
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
COUNCILMAN KEITH BIRD
VOTED ~
MA YOR TAMMY de WEERD (TIE BREAKER) VOTED
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DATED:
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MOTION:
APPROVED:
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DISAPPROVED:
CITY CLERK
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Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL
HENDRICKSON SUBDIVISION; CASE NO. AZ-O6-012
PAGE 4 OF 4