HomeMy WebLinkAboutMcGee Subdivision AZ 05-048 Denial
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-13-05
IN THE MA TIER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 14.81 ACRES TO R-4
FOR MCGEE PROPERTY
Case No. AZ 05-048
By MARTIN ARTIS
APPLICANT
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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, 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 oftlle 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
MCGEE SUBDIVISION; CASE NO. AZ-05-048
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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 govemment subdivisions provided services within the
planning jurisdiction ofthe 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 SS67~6509 and 67-6511, and SSll-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 14.81 acres in size and is generally located
on the north side of Victory Road and on the east side of Mesa Way, approximately 600
feet west of Locust Grove, Specifically located at 3086 S, Mesa Way and 1252 E.
Victory Road; lots 3, 4 & 5, Block 1, Kachina Estates, within a portion of Section 19,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho,
5. Martin Artis, 9292 W, Pandion Court, Garden City, Idaho 83714, is the
current property owner.
6. Applicant is Martin Artis, 9292 W, Pandion Court, Garden City, Idaho
83714.
7, The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECIS[ON AND ORDER OF DENIAL
MCGEE SUBDIVISION; CASE NO. AZ-05-048
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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 Plam1ing 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 boundaties 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 SII-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 !}50-222 govern the conditions upon which
the City may exercise its authority to annex tenitory, but the exercise of that authority is
discretionary as detennined by the City CounciL
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
MCGEE SUBDIVISION; CASE NO. AZ-05-048
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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:
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 :J r:1day of
January, 2006.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
COUNCILWOMAN CHRISTINE DONNELL
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED ~
VOTED ~
VOTED ~
VOTED ~
VOTED --
DATED:
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MOTION:
APPROVED:
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DISAPPROVED:
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CITY CLERK - -y: \ ~lA ..,OJ~ f
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Copy served upon Applicant, tlierI?~Htg~~e:~n1ng Department, Public Works
Department, and City Attorney, "!t\I.T'< ",
Sha,~m~'-!~
City Clerk's Office
By:
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF DENIAL
MCGEE SUBDIVISION; CASE NO. AZ.OS.048
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