HomeMy WebLinkAboutInglenook Subdivision AZ-00-027BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR ANNEXATION AND ZONING )
OF 5.97 ACRES FOR THE PROPOSED )
INGLENOOK SUBDIVISION, LOCATED )
AT THE EAST SIDE OF LOCUST GROVE )
NORTH OF VICTORY ROAD,
MERIDIAN, IDAHO
BY: HUBBLE ENGINEERING FOR
PROVIDENCE DEVELOPMENT, LLC)
.)
C/C 04-03-00
Case No. AZ-00-027
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 March 20, 2001 and continued until April 3, 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 were: Shawn Nickel
and Richard Thomason, and no one appeared in opposition, and the City Council
having duly considered the evidence and the record in this matter therefore makes
the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weelcs prior to said public hearing
scheduled for March 20, 2001 and continued until April 3, 2001, before the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER OF DENIAL/
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-00-027)
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 of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing 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 20, 2001 and continued until April 3, 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 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 5.97 acres in size and is located at the
east side of Locust Grove, north of Victory Road. The property is designated as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER OF DENIAL /
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-O0-027)
Inglenook Subdivision.
5. The owner of record of the subject property is Clifford D. Babbit of
Boise, Idaho.
6. Applicant is Providence Development Group, LLC of Meridian, Idaho.
7. The property is presently zoned by Ada County as RUT, and consists of
vacant pasture ground.
The Applicant requests the property be zoned as R-4 Low Density
Residential.
9.
The subject property is bordered to the north and south by Ada County
property and to the east and west by R-4 zoned property, including Tarawood
Subdivision and Salmon Rapids Subdivision.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: a 24 lot residential subdivision.
13. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 3
AND DECISION AND ORDER OF DENIAL /
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-O0-027)
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. The intended open space is not well located; the creation of the
additional residential lots would create unreasonable public safety issues, and the
proposed annexation development would create difficulties for development of the
property to the south, which is the Shipley property.
16. It is found to not be in the best interests of the City of Meridian to
annex the subject property, at this time, given the subject development proposal.
CONCLUSIONS OF LAW
I. 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
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 bythe adoption of 'Comprehensive Plan City of Meridian adopted
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER OF DENIAL /
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-O0.027)
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The requested zoning of Low Density Residential District, (R-4) is
defined in the Zoning Ordinance at 1 I-7-2 C. as follows:
(R-4) Low DensiW Residential District: Only single-family dwellings shall
be permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the R-4 District is
to permit the establishment of low density singk-family dwellings, and to
delinate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
water and sewer systems of the City.
5. That in § 11-2-417 A it provides in part that:
"If the Commission and Coundl approve an annexation request, the
Commission and Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan."
6. 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 heating 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."
7. Idaho Code § 67-6512 (a) provides the authority to grant special and/or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-00-027)
Page 5
conditional use permits"..., when it is not in conflict with the plan." [referring to
the Comprehensive Plan.]
8. The City's authority to make and enforce ordinances are co~ffined to
within the City's boundaries as provided in Article XII § 2 of the Constitution of the
State of Idaho.
9. 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:
i ) That the application for annexation is denied due to the fact that the
intended open space is not well located; the creation of the additional residential lots
would create unreasonable public safety issues, and the proposed annexation
development would create difficulties for development of the property to the south,
which is the Shipley property.
2) Based upon the section set forth in item no. 1 the application for zoning
designation is dismissed.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER OF DENIAL/
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-00-027)
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 iudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regtdar meeting held on the /t 7~7~day of
~ ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED ~'~~
COUNCILWOMAN CHERIE McCANDLESS
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ.O0-027)
Page 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City'Clerk ' ~, - /t
Dated: 4--/7-'~I /
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL/
HUBBLE ENGINEERING FOR PROVIDENCE
DEVELOPMENT, LLC - PROPOSED INGLENOOK SUBDIVISION (AZ-00-027)
Page 8