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HomeMy WebLinkAboutWoodland Springs Prof Park AZBEFORE THE MERIDIAN CITY COUNCIL C/C 02/13/07 1N THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING 2.4 ACRES FROM R1 TO L-O For WOODLAND SPRINGS PROFESSIONAL PARK Case No. AZ 06-054 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL By MORGAN DEVELOPMENT,INC APPLICANT The above entitled annexation and zoning application having come on for public hearing on February 13, 2007, at the hour of 7:00 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 Frank Lee on behalf of Morgan Development, 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 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 February 13, 2007, 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 (1 S) days prior to said hearings and with the notice of public hearings having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANp ORDER OF DENIAL WOODLAND SPRINGS PROFESSIONAL PARK; CASE NO. AZ-06-054 PAGE 1 OF 4 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 February 13, 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 §§67-6509 and 67-6511, and § 11-SA, Municipal Code of the City of Meridian. 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 Tmpact Area Boundary. 4. The property is approximately 2.4 acres in size and is generally located at 1630 E. McMillan Road, Meridian, Idaho, on the north side of McMillan Road, at the northeast corner of Locust Grave and McMillan Roads, in Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. RMC Construction, LLC, whose address is 2053 E. Fairview Avenue, Suite 101, Meridian, Idaho 83642, is the current property owner and the applicant. 6. The subject property is currently zoned R1 (Ada County). 7. The Applicant requests the property be zoned 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WOODLAND SPRINGS PROFESSIONAL PARK; CASE'NO. AZ-06-054 PAGE 2 OF 4 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: Limited Office District. 10. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as R-8 Medium Density Residential. However, in 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted." CONCLUSIONS OF LAW 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 §50-222. The Municipal Code of the City of Meridian §11-SS-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 §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. FWDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL WOODLAND SPRINGS PROFESSIONAL PARK; CASE NO. Az-06-054 PAGE 3 OF 4 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 nat 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 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 WOODLAND SPRINGS PROFESSIONAL PARK; CASE NO. AZ-06-054 PAGE 4 OF 4