HomeMy WebLinkAboutSpringdale Subdivision AZ-00-022BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/06/01
IN THE MATTER OF
THE REQUEST FOR
ANNEXATION AND
ZONING OF 118.4
ACRES FOR
SPRINGDALE
SUBDIVISION,
LOCATED AT 2256 n.
MC DERMOTT ROAD
MERIDIAN, IDAHO
BY: GEMSTAR
PROPERTIES,
LLC
APPLICANT.
Case No. AZ-00-022
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW AND
DECISION AND
ORDER OF DENIAL
The above entitled annexation and zoning application having crone on
for public hearing on March 6, 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: Susan Wildwood, and those testifying in
favor of the project were: Dale Ownby, and including letters read by Dale O,vnby
from Monte Janicek and Dale Janicek, Jan Cheever, Roland Rice, and Jack C.
Anderson, and appearing and testifying with comments and/or concerns were:
Meridian School District, Donna Anderson and Scott Staa~field, and the City Council
Findings of Fact Conclusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-00-022
Page 1 of 6
having duly considered the evidence and the record in this matter therefore mal~es
the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public heating on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for March 6, 2001, before the City Council, the first publication appeating
and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaties of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public heating 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 March 6, 2001, public
heating; 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 2 I, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
Findings of Fact Conclusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-00-022
Page 2 of 6
4. The property is approximately 118.4 acres in size and is located at 2256
N. McDermott Road. The property is designated as Springdale Subdivision.
5. The owners of record of the subject property are Monte and Lela
Janicek, of Meridian, Idaho.
6. Applicant is Gemstar Properties, LLC, of Eagle, Idaho.
7. The property is presently zoned by Ada County as RT, and consists of
agricultural uses.
The Applicant requests the property be zoned as R-4 Low Density
Residential.
9.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
10. 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: a 385 single-family lot (9 common lots) subdivision.
12. The Applicant requests zoning of the subject real property as R-4 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Family Residential.
13. 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
Findings of Fact Conclusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-00-022
Page 3 of 6
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
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.]
Findings of Fact Condusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-00-022
Page 4 of 6
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
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 would open up a
whole new area to development at a time which would impair the City's ability to
deliver basic services in the area and to other parts of the City.
NOTICE OF FINAL ACTION
Please talce 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 2gp-FA~ day of
/74 a cA- ,200 .
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED ~'~'""
Findings of Fact Conclusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-00-022
Page 5 of 6
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE MC CANDLESS
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: .~ ~ ~- O/
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and
Department and the City Attorney.
Zoning Department, Public Works
Dated:
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PP022V~ZFfCl&OrderDenyingAZ.doc
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Findings of Fact Conclusions of Law and Order Denying Annexation and Zoning
By: Gemstar Properties, LLC for proposed Springdale Subdivision - AZ-O0-022
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