HomeMy WebLinkAboutNorthborough Subdivision AZ
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/03/06
IN THE MATTER OF THE )
REQUEST FOR ANNEXA nON AND )
ZONING OF 8.03 ACRES TO R-8 )
FOR NORTHBOROUGH SUBDIVISION )
)
)
GEMST AR DEVELOPMENT, LLC. )
)
APPLICANT )
)
Case No. AZ 06-030
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 October 3,2006, at the hour of7:00 o'clock p.m., Anna Canning, City
Planning and Zoning Administrator for the Planning and Zoning Department, Shawn
Nickel of SLN Planning, 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
October 3,2006, 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTHBOROUGH SUBDIVISION; CASE NO, AZ-06-030
PAGE I OF 4
considered by the City Council on October 3, 2006, public hearing; and the applicant,
affected property owners, and government subdivisions provided services within the
planning jurisdiction ofthe 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 67~65Il, and SII-5A, Municipal Code ofthe 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 8.03 acres in size and is generally located
on West U stick Road on the north side, approximately 700 fees east of Linder Road, in
Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County,.
5. Dennis Creek, whose address is 770 Clear Creek Drive, Meridian, Idaho
83642, is the current property owner.
6. Applicant is Gemstar Development, LLC, 228 E. Plaza Drive, Suite I,
Eagle, Idaho, 83616.
7. The subject property is currently zoned RUT (Ada County).
8. The Applicant requests the property be zoned R-8 (Medium Density
Residential District). The property which is the subject of this application is within the
Area of Impact of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTHBOROUGH SUBDIVISION; CASE NO, AZ-06-030
PAGE 2 OF 4
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.
II. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as R-8 Medium Density Residential.
CONCLUSIONS OF LAW
I. 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 S50-222. The Municipal Code of the City of Meridian gII-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 g50-222 govern the conditions upon which
the City mav exercise its authority to annex territory, but the exercise ofthat 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:
That the application for annexation and zoning is denied for the following
reasons:
The proposed development is not in the best interest ofthe City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTHBOROUGH SUBDIVISION; CASE NO, AZ-06-030
PAGE30F4
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
NORTHBOROUGH SUBDIVISION; CASE NO, AZ-06-030
PAGE 4 OF 4