HomeMy WebLinkAboutGem Park II Partnership AZ-00-023BEFORE THE MERIDIAN CITY COUNCIL
C/C 06-19-01
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION )
AND ZONING OF 156.21 )
ACRES FOR THE PROPOSED )
TUSCANY LAKES )
SUBDIVISION, LOCATED AT )
THE SOUTH SIDE OF )
VICTORY ROAD EAST OF )
LOCUST GROVE ROAD WEST )
OF EAGLE ROAD, MERIDIAN, )
IDAHO )
)
)
)
BY GEM PARK II
PARTNERSHIP,
Case No. AZ-00-023
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 heating on June 5, 2001, and continued until June 19, 2001, at the hour of
6:30 o'clock p.m., Shaft Stiles, Planning and Zoning Administrator, and Gary Smith,
Pubic Works Director, appeared and testified, and appearing and testifying on behalf
of the Applicant was: Kent Brown of Briggs Engineering, Inc., and appearing and
testifying with comments/concerns or in opposition were: Herman Pullman, Rex
Young, Mary DeChambeau, and Greg Johnson, and the City Council having duly
considered the evidence and the record in this matter therefore mai<es the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-00-023)
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 hearing
scheduled for June 5, 2001, and continued until June 19, 2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or pttrchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing 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 at the June 5, 2001, and continued until June 19, 2001, public hearing;
and the applicant, affected property owners, and government subdivisions providing
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 §§ 11-2-416E and 11-2-417A,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-00-023)
Page 2
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 156.21 acres in size and is located at the
south side of Victory Road east of Locust Grove Road west of Eagle Road. The
property is designated as Tuscany Lakes Subdivision.
5. The owner of record of the subject property is the Kenai Partners, LLC
of Boise, Idaho.
6. Applicant is Gem Park II Partnership of Meridian, Idaho.
7. The property is presently zoned by Ada County as (RT) Rural
Transitional, and consists of agricultural uses.
8. The Applicant requests the property be zoned as Low Density
Residential District (R-4).
9. The subject property is bordered on all sides by working farms and rural
residential uses, zoned RUT and by Thousand Springs Subdivision zoned R-4 by
Meridian.
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL/
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-00-023)
Page 3
12. The Applicant proposes to develop the subject property in the following
manner: a residential subdivision of 349 building lots and 44 other lots.
13. The Applicant requests zoning of the subject real property as R-4 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single-Family Residential.
14. The Meridian City Council recognizes and takes notice of the concerns
of Jon and Bonnie Glick, Mr. and Mrs. G. Webb, William Patterson, Mary Morgner
DeChambeau, and Al Malaise.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The proposed development would pose a high demand for police and
fire services, as the services are presently inadequate to serve the proposed
development.
17. It is found to not be in the best interests of the City of Meridian to
annex the subject property, at this time, given the subject development proposal.
CONCLUSIONS OF LAW
I. The City of Meridian has 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 Section 50-222. The Municipal Code of the City of Meridian Section 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-O0-023)
2-417 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 City Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The requested zoning of Low Density Residential District, (R-
4), are defined in the Zoning Ordinance at 11-7-2 C. as follows:
(R-4) Low Density Residential District: Only single-fancily dwellings shall
be permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the R-4 District is
to permit the establishment of low density single-family dwelling, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
water and sewer systems of the City.
5. That in § 11-2-417 A it provides in part that:
"If the Commission and Council approve an annexation request, the
Conm~ission and Council shall insure that said am~exation is in accord
with this Ordinance and the Comprehensive Plan."
6. Idaho Code § 67-6511 (c) provides in matters where the City Council is
considering a zoning designation application as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-00-023)
Page 5
"If the request is found by the governing board to be in conflict with the
adopted plan, or would result in demonstrable adverse impacts upon the
delivery of services by any political subdivision providing public services,
including school districts, within the planning jurisdiction, the
governing board may require the request to be submitted to the
planning or planning and zoning commission or, in absence of a
commission, the governing board may consider an amendment to the
comprehensive plan pursuant to the notice and hearing procedures
provided in section 67-6509, Idaho Code. After the plan has been
amended, the zoning ordinance may then be considered for amendment
pursuant to section 67-6511 (b), Idaho Code."
7. Idaho Code § 67-6512 (a) provides the authority to grant special and/or
conditional use permits"..., when it is not in conflict with the plan." [referring to
the Comprehensive Plan.]
8. The City's authority to make and enforce ordinances are confined to
within the City's boundaries as provided in Article XII § 2 of the Constitution of the
State of Idaho.
9. The provisions of I.C. § 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.
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:
1) That the application for annexation is denied for the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-O0-023)
Page 6
a4
Development of the road infrastructure within the proposed
subdivision is inadequate in its present design and layout.
The proposed subdivision would extend police and fire services
farther south beyond Victory Road, and which services would
then be beyond an acceptable service area for response for
emergency service at this time.
The parcel is contiguous to the City limits, but the proposed
phasing of the development would begin construction at a
portion of the property farthest away from the existing City
limits.
The City Council determined, at their June 19, 2001 meeting,
that the annexation of the property is not in the best interest of
the City of Meridian at this time.
2) Based upon the section set forth in item no. 1 the application for zoning
designation is dismissed.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the annexation and zoning may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the 3'e~ day of
,2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-00-023)
Page 7
ROLL CALL:
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7--~-'-/5) /
VOTED
MOTION:
APPROV .E~DT4'
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department m~d the City Attorney.
By:~~.~~ ~ Dated:
City Clerk ~'
Z:\WorkkMkMeridianCderidian 15360IV~Tuscany Lakes Sub AZ-O0-02$ PP-00-024 CUP-OO-O52~FFCLOr~
023DENIAL.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL /
GEM PARK II PARTNERSHIP - PROPOSED TUSCANY LAKES
SUBDIVISION (AZ-O0-023)
Page 8