HomeMy WebLinkAboutSouth Eagle & Victory Rd Property Owners Alliance AZ 06-008
BEFORE THE MERIDIAN CITY COUNCIL
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S. EAGLE ROAD AND VICTORY ROAD)
PROPERTY OWNER'S ALLIANCE )
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IN THE MATTER OF THE
REQUEST FOR ANNEXA nON AND
ZONING OF 23.39 ACRES TO R-4, C-C
AND L-O FOR SOUTH EAGLE ROAD
AND VICTORY ROAD PROPERTY
OWNER'S ALLIANCE ANNEXATION
APPLICANT
C/C 07-25-06
Case No. AZ 06-008
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 July 25,2005, at the hour of7:00 o'clock p.m., Anna Canning, City Planning and
Zoning Administrator for the Planning and Zoning Department, and Shawn Nickel, SNL
Planning appeared and testified on behalf of the South Eagle Road and Victory Road
Property Owner's Alliance, 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, amI 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 July 25,
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ-06-008
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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 July 25,
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 9967-6509 and 67-6511, and 9911-5A-5 and 11-5A-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
l:urn:nt wning 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 Fstahlishing
the Impact Area Boundary.
4. The property is approximately 23.39 acres in size and is generally located on
the east side of South Eagle Road and Victory Road, Meridian, Idaho, within a portion of the
SW ~ of the SW ~ of Section 21 and the NW ~ of the NW ~ of Section 28, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho.
5. The current property owners are Marty and Leeta Thomason - 2910 and 2960
South Eagle Road; Daniel and Dolly Baughman - 2990 S. Eagle Road; John and Nita Sharp
- 3020 S. Eagle Road; Robert and Nedra Carpenter - 3060 S. Eagle Road & 3250 E. Victory
Road; and Mark Hartenstein representlng Charles Axelrod - 3210 S. Eagle Road.
6. Applicant is South Eagle Road and Victory Road Property Owner's Alliance.
7. The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER Of DENIAL
S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ-06-008
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8. The Applicant requests the property be zoned R-4 (Low Density Residential),
C-C (Community Business District) and L-O (Limited Office District). The property which
is the subject of this application is within the Area ofImpact ofthe 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 is not proposing any land use, development or subdivision at
this time. Instead, the applicant is proposing to annex the property with Development
Agreement provisions that would guide future development of this property.
11. The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Mixed Use Community as amended on July 25, 2006.
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 911-5B-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 ofIdaho Code 950-222 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 CUNCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ-06-008
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That the application for annexation and zoning is denied for the following reasons:
The proposed annexation is not in the best interest of the City of Meridian.
7A
By action of the City Council at its regular meeting held on the /5 ;..-'day of
~.f.f
ROLL CALL:
,2006.
COUNCILMAN SHAUN WARDLE
COUNCILMAN JOE BORTON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MOTION:
APPROVED:
DATED:
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ATTEST:
Copy served upon:
By:
Dated: ~..lU -0 LC
FINDINGS OF tACT ANU CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
S. EAGLE ROAD & VICTORY ROAD PROPERTY OWNER'S ALLIANCE - CASE NO. AZ-06-008
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