HomeMy WebLinkAboutBleak Subdivision AZ 02-034
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MEMORANDUM
RECEIVED
APR 0 9 2003
C~ty Of Meridian
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Bleak Subdivision by: Kent and Nancy Bleak - Case No. AZ-02-034
Date:
April 9, 2003
Will:
Please find attached the original ofthe FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL, pertaining to the
above matter. Please note this application was denied at the City Council meeting of April!,
2003. These Findings are now ready to be placed upon an upcoming City Council agenda.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian 15360M\Bleak Sub AZ 02 034 and PFP 02 .005 Denial\BergAZ Denial Memo 04 08 03.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04-01-03
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION )
AND ZONING OF 4.8 ACRES )
FROM RUT TO R-3 ZONE FOR )
PROPOSED BLEAK SUBDIVISION, )
LOCATED AT 4920 W. CHERRY )
LANE, MERIDIAN, IDAHO )
)
BY: KENT AND NANCY BLEAK" )
)
APPLICANT )
)
Case No. AZ-02-034
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 April 1, 2003, at the hour of7:00 o'clock p.m., Brad Hawkins-Clark ofthe Planning
and Zoning Department, Brad Watson of the Public Works Department, Kent Bleak, and Brent
Law, appeared and testified, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
I. 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 April 1, 2003,
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 ofthe external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
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 Aprill, 2003, public hearing; and the applicant,
affected property owners, and government subdivisions providing 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 gg67-6509 and 67-6511, and ggI1-2-416E and 11-2-417A, 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, 2003, Resolution No. 02-382, and maps and the ordinance Establishing the
hnpact Area Boundary.
4. The property is approximately 4.8 acres in size and is located at 4920 W. Cherry
Lane, Meridian, Idaho. The property is designated as Low Density Residential.
5. The owners of record of the subject property are Kent and Nancy Bleak, 4920 W.
Cherry Lane, Meridian, Idaho 83642.
6. Applicant is same as the owner.
7. The property is presently zoned by Ada County as RUT, and consists of rural
residential/agricultural property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
Page 2
8. The Applicant requests the property be zoned as R-3 (Rural MediumDensity
Residential).
9. The subject property is bordered to the north, west, and east by rural
residential/agricultural properties, and to the south by Tricia's Subdivision (zoned R-4).
10. The property which is the subject of this application is within the Area ofhnpact
of the City of Meridian, and the entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
11. The Applicant proposes to develop the subject property in the following manner:
As a rural-residential 2-building lot subdivision.
12. The Applicant requests zoning ofthe subject real property as R-3, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subj ect property as Low Density Residential.
13. There are no significant or scenic features of major importance that affect the
consideration of this application.
14. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No.2, expressed in his letter dated January 10, 2003.
15. The parcel proposed for annexation is for a request for R-3, which is designated as
Rural Mediwn Density Residential. The proposed annexation would be incompatible and would
not accomplish the goals ofthe Comprehensive Plan, as adopted August 6, 2003. The
annexation to R-3 would, in fact, create even less of a housing density than what is allowed in the
Comprehensive Plan.
16. It is not in the best interests ofthe City of Meridian to annex this property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
Page 3
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 11-2-417 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 govemment 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 ofthe Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No.
02-382.
4. The requested zoning of Rural Mediwn Density Residential (R-3), is defined in
the Zoning Ordinance at 11-7-2 A. as follows:
fRo3) Rural Medium Density Residential District: The purpose ofthe R-3 District is to
permit the establishment of rural mediwn density single-family dwellings, and to
delineate those areas where predominantly mediwn density rural residential development
has, or is likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of mediwn density rural residential areas by prohibiting the intrusion
of incompatible nonresidential uses. The R-3 District allows for a maximwn of three (3)
dwelling units per acre and requires connection to the Municipal water and sewer systems
of the City.
5. That in g 11-2-417 A it provides in part that:
"If the Commission and Council approve an annexation request, the Commission
and Council shall insure that said annexation is in accord with this Ordinance and
the Comprehensive Plan."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034 )
6. Idaho Code g 67-651 I (c) provides in matters where the City Council is
considering a zoning designation application as follows:
"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 g 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 g 2 of the Constitution of the
State ofIdaho.
9. The provisions ofI.C. g 50-222 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:
1) That the application for annexation is denied for the following reasons:
a. The parcel proposed for annexation is for a request for R-3, which is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
designated as Rural Mediwn Density Residential. The proposed
annexation would be incompatible and would not accomplish the goals of
the Comprehensive Plan, as adopted August 6, 2003. The annexation to
R-3 would, in fact, create even less of a housing density than what is
allowed in the Comprehensive Plan.
b. It is not in the best interests of the City of Meridian to annex this property.
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 g 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 ofthis 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
day of
,2003.
ROLL CALL:
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS
VOTED
COUNCILMAN NARY
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
VOTED
Page 6
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By:
City Clerk
Dated:
Z:\Work\M\Meridian\Meridian 15360M\Bleak Sub AZ 02 034 and PFP 02 -005 Denial\AZ Denial Findings.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
KENT AND NANCY BLEAK REQUEST FOR
RUT TO R-3 FOR PROPOSED BLEAK SUBDIVISION
(AZ-02-034)
Page 7