HomeMy WebLinkAboutWells Street Subdivision AZ 06-017 Denial
BEFORE THE MERIDIAN CITY COUNCIL
CIC 06-06-06
IN THE MATTER OF THE
REQUEST FOR ANNEXA nON AND
ZONING OF 11.79 ACRES TO R-15
FOR WELLS STREET SUBDIVISION
APPLICANT
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
Case No. AZ 06-017
C2B DEVELOPMENTS
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, C2B Developments, 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
June 6,2006, 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
WELLS STREET SUBDIVISION; CASE NO. AZ-06-017
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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 June 6, 2006, 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 67-6511, and ~~11-5A-5 and ll-5A-6, 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 11.79 acres in size and is generally located
West of Eagle Road, North ofInterstate 1-84/ 675 and 715 Wells Street, Meridian, Idaho,
within a portion of the SW y,; of the NE y,; of Section 17, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho.
5. Bonnie Robinson, 675 Wells Street, Meridian, Idaho 83642 and Dave
Pearcy, 715 Wells Street, Meridian, Idaho 83642, are the current property owners.
6. Applicant is C2B Developments, 405 S. 8th Street, Suite 290, Boise, Idaho
83702.
7. The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
WELLS STREET SUBDIVISION; CASE NO. AZ-06-0 17
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8. The Applicant requests the property be zoned R-15 (High 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
mmmer: 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 ~50-222. The Municipal Code of the City of Meridian SI1-5B-3 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 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
WELLS STREET SUBDIVISION; CASE NO. AZ-06-0 17
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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 ofthe City Council at its regular meeting held on the 27~y of
cT~
,2006.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~
VOTED ~
VOTED ~
VOTED ~
COUNCILMAN JOE BORTON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
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DATED:
6-Z7-tPb
MOTION:
APPROVED: X
DISAPPROVED:
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ATTEST:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
(\hCLI) (Y)~,-te~
City Clerk's Office
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
WELLS STREET SUBDIVISION; CASE NO. AZ-06-0 17
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