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Wylie, James AZ 02-015BEFORE THE MERIDIAN CITY COUNCIL C/C 11-06-02 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 1.7 ACRES FROM RUT TO C-G ZONE FOR PROPOSED COMMERCIAL / RETAIL BUILDING, LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF FAIRVIEW AVENUE AND VENTURE STREET, MERIDIAN, IDAHO Case No. AZ-02-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BY: JAMES WYLIE, APPLICANT The above entitled annexation and zoning application having come on for public hearing on November 6, 2002, at the hour of 7:00 o'clock p.m., Brad Hawkins-Clark of the Planning and Zoning Department, James Wylie, Tom Bradford, Linda Duer, William G. Hall, Reran Earl, and Mark Pearson, appeared and testified, 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 The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 6, 2002, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) 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 November 6, 2002, 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 Impact Area Boundary. 4. The property is approximately 1.7 acres in size and is located on the northeast comer of the intersection of Fairview Avenue and Venture Street, Meridian, Idaho. The property is designated as Commercial. 5. The owner of record of the subject property is James R. Wylie, 1676 N. Clarendon Way, Eagle, ID 83616. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) 6. Applicant is owner of record. The property is presently zoned by Ada County as RUT, and consists of vacant land. 8. The Applicant requests the property be zoned as General Retail and Service Commercial (C-G). 9. The subj ect property is bordered to the north by a rural residential subdivision zoned RUT, to the south by a cemetery zoned RUT and Wal-Mart zoned C-C, to the east by Petals and Stems zoned C2, and to the west by agricultural land zoned R6. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: Construction of a single commerciallretailhuilding. 12. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 13. The Meridian City Council recognizes and takes notice of the concerns of neighboring property owners, Mr. and Mrs. Dean L. Ellis, expressed by their letter dated October 30, 2002, and Linda Duer and Thomas Snyder in their letter dated October 3, 2002. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. There are presently no curb cuts off the subject property to the south right onto FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / JAMES WI'hIE REQUEST FOR RUT TO C-G (AZ-02-015) Fairview, and either the street would have to access onto Venture or to the east, and presently would cause traffic concerns. Additionally, the intersection at Venture onto Fairview is already causing traffic problems. 16. Since the Applicant has not presented a Plan for development of the subject property there are concerns about what future development will be built. 17. The proposed development could pose concems in regards to noise, odor, litter, .and the potential impact to surrounding neighbors. 18. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, since there is no specific development proposal. CONCLUSIONS OF LAW 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 by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) 4. The requested zoning of General Retail and Service Commercial (C-G), is defined in the Zoning Ordinance at 11-7-2 K. as follows: (C-Gl General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development That in § 11-2-417 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 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 67-6511(b), Idaho Code." 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.] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OFDENIAL / JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) 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 for the following reasons: a. The concerns of neighboring property owners expressed by mail and in person have been recognized. b. No definitive plan has been submitted which indicates exactly how the property would be developed. Without definite plans, the City is unable to gauge what impact the annexation would have on neighboring properties, traffic on the existing roadways, etc. c. Traffic to the subject property and, surrounding property owners has not been addressed. d. The proposed development could pose concerns in regards to noise, odor, litter, and the potential impact to surrounding neighbors. e. The City Council determined, at their November 6, 2002 meeting, that the annexation of the property is not in the best interest of the City of Meridian at this time. 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 fmal action of the governing body of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OFDENIAL JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days a8er the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. lh.. By action of the City Council at its regular meeting held on the ~ day of O(/efr'`~it~ , 2002. ROLL CALL: /~ COUNCILMAN BII2D VOTED U ~C- COUNCILWOMAN deWEERD VOTED G .~Z COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED y2.- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ll~l ~'0 ?i MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. `\`~~p~1~Fmuuhrr ~f~i //{{~~ ` G~`~oaQOrtgT~'~'L 'c By ~ /dG"` Dated: ~' !iD ' ~ Z 3~AL City Clerk _ 9~ o"' ~g ', 9 ~r O \; Z:\Work~MeridianVvteridian 16360M1Wylie James AZ02-015 Denial\FFCLOrdAZ02-OISDENIAL.doc it ~.~1 d'~ P''~ `~` FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015)