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HomeMy WebLinkAboutSundance Subdivision AZ-00-021BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR ANNEXATION AND ZONING ) OF 70.72ACRES FOR THE PROPOSED ) SUNDANCE SUBDIVISION, LOCATED ) AT THE NORTHEAST CORNER OF ) USTICK ROAD AND MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) ) .) BY: G.L. VOIGT DEVELOPMENT 05-24-00 Case No. AZ-00-021 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: Steve Arnold and Becky Bowcutt, 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 1. 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/ G.L. VOIGT DEVELOPMENT- PROPOSED SUNDANCE SUBDIVISION (AZ-00-021) 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 hearing; 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 hnpact Area Boundary. 4. The property is approximately 70.72 acres in size and is located at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-00-021) northeast comer of Ustick Road and Meridian Road. The property is desigmated as Sundance Subdivision. 5. The owner of record of the subject property is the McBimey Property Trust of San Jose, California. 6. Applicant is G. L. Voigt Development of Idaho Falls, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional, (RT), and consists of agricultural uses. The Applicant requests the property be zoned as R-8 Medium Density Residential. 9. The subject property is bordered to the north, south and east by Ada County properties, by Meridian subdivisions on the south and west. 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: 214 single family lots, 23 common lots and 4 office lots for a residential subdivision. 13. The Applicant requests zoning of the subject real property as R-8 which FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-O0-021) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The City Council recognizes the concerns of Mike and Donna Anderson, Langley Farms, Limited, and Raquel Hansen and family. 16. The development is premature due to the fact that sewer service is not readily available, and the additional residential lots would place undue stress and hardship upon public services. 17. 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 1 I- 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-00-021) 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 by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The requested zoning of Medium Density Residential District, (R-8) is defined in the Zoning Ordinance at 11-7-2 D. as follows: (R-8) Medium Densi _ty Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 5. That in § 1 I-2-417 A it provides in part that: "If the Commission and Council 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT- PROPOSED SUNDANCE SUBDIVISION (AZ-00-021) governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing 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 67-65 ! 1 (b), Idaho Code." 7. Idaho Code § 67-6512 (a) provides the authority to grant special and/or 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 confined 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: 1) That the application for annexation is denied due to the fact the development is premature and that sewer service is not readily available, and that the additional residential lots would place undue stress and hardship upon public services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-00-021) 2) designation is dismissed. Based upon the section set forth in item no. 1 the application for zoning NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City 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 judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /7~day of ,2OOl. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-O0-021) MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~--//7~Ot/ VOTED MOTION: APPROVED:~~- DISAPPROVED: Department and the City Attorney. Copy served upon Applicant, the Planning and Zoning Department, Public Works ~ 1:~ ~",,. - Dated: 4-17-'o=. Z:\Work~VlkMeridian~Vleridian 15360NlkSundance Sub AZ021 PPO20~FFCLOr derDeynAZ021 .doc ~ '~ 'i{*~'~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ-00-021)