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
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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
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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)