HomeMy WebLinkAboutCarrington Property AZ 05-049 Denial
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MA ITER OF THE
REQUEST FOR ANNEXA nON AND
ZONING OF 5.15 ACRES TO R-4
FOR CARRINGTON PROPERTY
By MARK & KAREN CARRINGTON
APPLICANT
C/C 12-13-05
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Case No. AZ 05-049
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 December 13,2005, at the hour of7:00 o'clock p.m., Anna Canning, City
Planning and Zoning Administrator for the Planning and Zoning Department, Eric Cronin
(Roylance & Associates), appeared and testified on behalf of the applicants, Mark and
Karen Carrington, 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
December 13, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CARRINGTON SUBDIVISION; CASE NO. AZ.OS.049
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been posted upon the propelty 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 on December 13, 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], 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 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 5.15 acres in size and is generally located at
2955 S. Locust Grove Road, Meridian, Idaho, within a portion of Lot 7, Block 1, Kachina
Estates and a portion of the SE \4 of the SE 'l;; of Section 19 Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho.
5. Mark and Karen Carrington, 2955 W. Locust Grove Road, Meridian,
Idaho 83642, is the current property owner.
6. Applicant is Mark and Karen Carrington, 2955 W. Locust Grove Road,
Melidian, Idaho 83642.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CARRINGTON SUBDIVISION; CASE NO. AZ.05-049
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7. The subject property is currently zoned RUT (Ada County).
8. The Applicant requests the property be zoned R~4 (Medium-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: Medium-Low Density Residential
11. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Medium-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 950-222. The Municipal Code ofthe City of Meridian gll-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 govem the conditions upon which
the City may exercise its authority to annex territory, but the exercise ofthat authority is
discretionary as determined by the City Council.
DECISION AND ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CARRINGTON SUBDIVISION; CASE NO. AZ-05-049
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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:
That the application for annexation and zoning is denied for the following
reasons:
The proposed development is not in the best interest ofthe City of Meridian.
By action of the City Council at its regular meeting held on the $ ~day of
January, 2006.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED ~
COUNCILWOMAN CHRISTINE DONNELL VOTED ~
COUNCILMAN CHARLIE ROUNTREE VOTED *~
COUNCILMAN KEITH BIRD VOTED $/A.--
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -
DATED:
!-3-/Jb
MOTION:
APPROVED:
)G
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL
CARRINGTON SUBDIVISION; CASE NO. AZ-05-049
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Copy served upon Applicant, the Planning and Zoning Depaliment, Public Works
Depmiment, and City Attorney.
By:
Oh (), L'
o a/I nrc) mAj{1.
City Clerk's Office
Dated:
01 -tJ5 ~Of;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CARRINGTON SUBDIVISION; CASE NO. AZ-05-049
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