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Home My WebLink AboutStaten Park Subdivision AZ-00-025BEFORE THE MERIDIAN CITY COUNCIL C/C 02/20/01 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION, LOCATED ON THE SOUTH SIDE OF USTICK ROAD, 1/4 MILE EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO BY: LEAVITT &ASSOCIATES ENGINEERING Case No. AZ-O0-025 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 20, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Kurt Smith of Leavitt &Associates Engineering, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Contusions 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARK (AZ-00-025) Page 1 scheduled for February 20, 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 20, 2001, 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, snbdivisions 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARK (AZ-00-025) Page 2 4. The property is approximately 8.15 acres in size and is located on the south side of Ustick Road, 1/4 mile east of Black Cat Road. The property is designated as Staten Park Subdivision. 5. The owners of record of the subject property are Stewart Miles Terry, Jr. and Veda Teruz, of Boise, Idaho. 6. Applicant is D' Alessio Building Development, Boise, Idaho. 7. The property is presently zoned by Ada County as RT. 8. The Applicant requests the property be zoned as R-4. 9. The subject property is bordered on the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: A 29 lot residential subdivision. 13. The Applicant requests zoning of the subject real property as K-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARK (AZ-00-025) Page 3 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 armexati0n 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 Pimp. 2. The City Council may tal<e 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 § I 1-2-417 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." 5. Idaho Code § 67-6511 (c) provides in matters where the City Council is considering a zoning designation application as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARK (AZ-O0-025) Page 4 "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 malce 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. 8. The provisi,ons 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 of the abundant FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARK (AZ-00-025) Page 5 inventory of Ko4 zoned subdivisions with 8,000 sq. ft. lots. 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. By action of the City Council at its regular meeting held on the ~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON day of COUNCILMAN KEITH BIRD VOTED VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE MC CANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &_ASSOC. ENGINEERING - STATEN PARK (AZ-00-025) Page 6 MAYOR ROBERT D. CORRIE (TIE BREAIrd~R) DATED: ;~--~ --a/r VOTED MOTION: APPROVED:~~=~- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY:~ty ~lerk g " Dated: m sg/Z:\Wo r k~l~M er idian~Vl eridian 15360M\StatenParkDenyAZ025~FFCLOrdAZDENIAL SE, L FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING - STATEN PARI((AZ-00-025) Page 7