HomeMy WebLinkAboutNorthborough Subdivision AZ 06-030
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTHBOROlJGH SUBDIVISION; CASE NO. AZ-06-030
PAGE I OF 4
BEFORE THE MERIDIAN CITY COUNCIL
C/C 10/03/06
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION AND )
ZONING OF 8.03 ACRES TO R-8 )
FOR NORTHBOROUGH SUBDIVISION )
)
)
GEMSTAR 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 Director for the Planning 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER OF DENIAL
NORTHROROlTGH SIJROIVISION; rASF NO AZ-OIl-010
PAGE? OF 4
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 October 3,2006, 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 gg67-6509 and 67-6511, and gll-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 8.03 acres in size and is generally located
on West Ustick 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTHBOROUGH SUBDIVISION; CASE NO. AZ-06-030
PAGE 3 OF 4
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 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 proposes to develop the subject property in the following
manner: Medium Density Residential 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 gSO-222. The Municipal Code of the City of Meridian gll-SB-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 of Idaho Code gSO-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:
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
NORTH BOROUGH SUBDIVISION; CASE NO. AZ-06-030
PAGE 4 OF 4
-rt.
By action ofthe City Council at its regular meeting held on the /1 -day of
October, 2006.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED ~
COUNCILMAN JOE BORTON VOTED ~
COUNCILMAN CHARLIE ROUNTREE VOTED ~
COUNCILMAN KEITH BIRD VOTED 4
-
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: It!? -/1-{(J 6
MOTION: APPROVED: X
ATTEST:
By: ...)~,"bl\ \l L
'tity Clerk's -Office
Dated: lO"d-6"CU