HomeMy WebLinkAboutBaraya Subdivision AZ
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR ANNEXA nON AND )
ZONING OF 95.57 ACRES TO R-8 )
AND L-O FOR BARA Y A SUBDIVISION )
)
)
RMR CONSULTING, INC. )
)
APPLICANT )
)
C/C 07/18/06
Case No. AZ 06-025
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 18,2006, at the hour of7:00 o'clock p.m., Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department, Matt Schultz of
RMR Consulting, Inc., appeared and testified, 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, 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 weeks prior to said public hearings scheduled for
July 18, 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 ofthe 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 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
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
SARA Y A SUBDIVISION; CASE NO. AZ-06-025
the City Council on July 18, 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 SS67-6509 and 67-6511, and Sll-5A, 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 Amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is approximately 94.05 acres in size and is generally located
on the south side of Franklin Road and on the east side of Black Cat Road, Meridian,
Idaho, within a portion ofthe NE Y4 ofthe NW Y4 and the NW Y4 of the NE Y4 of Section
15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and a portion
of the West 12 of the NW Y4 of said Section 15.
5. Ronald Van Auker/Centennial Development, whose address is 3084 E.
Lanark, Meridian, Idaho 83642, are the current property owners.
6. Applicant is RMR Consulting, 2127 S. Alaska Way, Meridian, Idaho,
83642.
7. The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BARA Y A SUBDIVISION; CASE NO. AZ-06-025
PAGE 2 OF4
8. The Applicant requests the property be zoned R-8 (Medium Density
Residential District) and L-O (Limited Office District). The property which is the subject
of this application is within the Area of Impact of the 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 proposes to develop the subject property in the following
manner: Medium Density Residential District and Limited-Office District.
11. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as R-8 Medium Density Residential.
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 of the 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 CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BARA Y A SUBDIVISION; CASE NO. AZ-06-025
PAGE 3 OF 4
That the application for annexation and zoning is denied for the following
reasons:
The proposed development is not in the best interest of the City of Meridian.
By action of the City Council at its regular meeting held on the _ day of
October, 2006.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED
COUNCILMAN JOE BORTON
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
COUNCILMAN KEITH BIRD
VOTED
MA YOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
DISAPPROVED:
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
Dated:
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BARA Y A SUBDIVISION; CASE NO. AZ-06-025
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