HomeMy WebLinkAboutPortico Place Subdivision - Denial'
BEFORE THE MERIDIAN CITY COUNCIL
CIC 01/23107
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION AND )
ZONING OF 5.17 ACRES TO R-8 )
)
FOR PORTICO PLACE SUBDIVISION )
)
POR TICD, LLC )
)
APPLICANT )
)
Case No. AZ 06-052
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 January 23,2007, at the hour of7:00 o'clock p.m. at Meridian City Hall, 33 East
Idaho Avenue, Meridian, Idaho. Anna Canning, City Planning and Zoning Director for
the Planning and Zoning Department, and Ron Sargent of Portico, LLC, 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
January 23,2007, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
PORTICO PLACE SUBDIVISION; CASE NO. AZ-06-052
PAGE 1 OF 5
hundred (300') feet ofthe 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 the City Council on January 23,2007, 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 g11-5A, 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 5.17 acres in size and is generally located at
1780 E. McMillan Road, Meridian, Idaho, on the north side of McMillan Road, just east
of the intersection of Locust Grove and McMillan Roads, in Section 29, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
PORTICO PLACE SUBDIVISION; CASE NO. AZ-06-052
PAGE 2 OF 5
5. Portico, LLC, whose address is 1883 N. Wildwood Avenue, Boise, Idaho
83713, is the current property owner and the applicant.
6. The subject property is currently zoned RUT (Ada County).
7. 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.
8. The entire parcel of property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following
manner: Medium Density Residential District.
10. 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 g50-222. The Municipal Code of the City of Meridian gll-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 of Idaho Code g50-222 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
PORTICO PLACE SUBDIVISION; CASE NO. AZ-06-052
PAGE 3 OF 5
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.
By action of the City Council at its regular meeting held on the
day of
February, 2007.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED
COUNCILMAN JOE BORTON
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
COUNCILMAN DAVID ZAREMBA
VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED:
DISAPPROVED:
MAYOR TAMMY de WEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
PORTICO PLACE SUBDIVISION; CASE NO. AZ-06-052
PAGE 4 OF 5
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning 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
PORTICO PLACE SUBDIVISION; CASE NO. AZ-06-052
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