HomeMy WebLinkAboutBanff Subdivision AZ 05-033 Denial
BEFORE THE MERIDIAN CITY COUNCIL
C/C11-22-0S
IN THE MATTER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 3.02 ACRES TO R-8
FOR BANFF SUBDIVISION
APPLICANT
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
Case No. AZ 05-033
LANDWORKS, LLC
The above entitled annexation and zoning application having come on for public
hearing on November 22,2005, at the hour of7:00 o'clock p.m., Anna Canning, City
Planning and Zoning Administrator for the Planning and Zoning Department, Dave
McKinnon, Conger Management Group, Landworks, 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
November 22, 2005, 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 ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL
BANFF SUBDIVISION; CASE NO. AZ-05-033
PAGE I OF4
television stations as public service announcements; and the matter having been duly
considered by the City Council on November 22, 2005, 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 67~651 1, and ~SII-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice ofits zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian,
and all current 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 3.02 acres in size and is generally located
on the west side of Linder Road approximately one-half mile south of Franklin Road,
Meridian, Idaho, within a portion of the SE 14 of the NE 14 of Section 14 Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho.
5. Mel Lacy, 675 South Linder Road, Meridian, Idaho 83642, is the current
property owner.
6. Applicant is Conger Management Group, Landworks, LLC, 405 S. 8lh
Street, Suite 290, Boise, Idaho 83702.
7. The subject property is currently zoned R-1 (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BANFF SUBDIVISION; CASE NO. AZ-05-033
PAGE20F4
8. The Applicant requests the property be zoned R-8 (Medium 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: Medium Density Residential
11. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Medium 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 950-222. The Municipal Code of the City of Meridian 911-2-417 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 of Idaho Code 950-222 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BANFF SUBDIVISION; CASE NO. AZ-05-033
PAGE 3 OF4
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.
?rd.
By action of the City Council at its regular meeting held on the ~ day of
9cccmbel,2065; J'hz-(;t,tVl-:J I 2-t?&b.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~
VOTED r
VOTED fr
VOTED ~
COUNCIL WOMAN CHRISTINE DONNELL
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MA YOR TAMMY de WEERD (TIE BREAKER) VOTED
-
DA TED:
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MOTION:
APPROVED:
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DISAPPROVED:
ATTEST:
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Copy served upon Applicant, the PliMing and Zoning Department, Public Works
Department, and City Attorney.
By:
j f1[U)onSnt~~tL/
City Clerk's Office
Dated: 0/ - 05-c&
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BANFF SUBDIVISION; CASE NO. AZ-OS.033
PAGE40F4