HomeMy WebLinkAboutNorthbridge Sub AZ 02-032
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04-01-03
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION )
AND ZONING OF 5.0 ACRES )
FROM RUT TO R-2 ZONE FOR )
PROPOSED NORTHBRIDGE )
SUBDIVISION, LOCATED ON THE )
SOUTH SIDE OF WEST USTlCK )
ROAD, APPROXIMATELY Yo MILE )
WEST OF NORTH MERIDIAN )
ROAD, MERIDIAN, IDAHO )
)
BY: CENTENNIAL )
DEVELOPMENT, LLC, )
)
APPLICANT )
)
Case No. AZ-02-032
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 March 25, 2003 and continued until Apri11, 2003, at the hour of7:00 o'clock p.m.,
Brad Hawkins-Clark of the Planning and Zoning Department, Kevin Amar, and Wanda Palmer,
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
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 March 25,
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION
(AZ-02-032)
Page 1
2003 and continued until Apri11, 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 of the external boundaries ofthe 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 March 25,
2003 and continued until Apri11, 2003, 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 gg67-6509 and 67-6511, and ggl1-2-416E 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 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
Impact Area Boundary.
4. The property is approximately 5.0 acres in size and is located on the south side of
W. Ustick Road, approximately Y. mile west ofN. Meridian Road, Meridian, Idaho. The
property is designated as Medium Density Residential.
5. The owner of record of the subject property are John and Leta Barton, 355 W.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION
(AZ-02-032)
Page 2
Ustick Road, Meridian, Idaho 83642.
6. Applicant is Centennial Development, LLC, 114 E. Idaho Avenue, #230,
Meridian, Idaho 83642.
7. The property is presently zoned by Ada County as RUT, and consists of vacant
land.
8. The Applicant requests the property be zoned as R-2 (Rural Low Density
Residential).
9. The subject property is bordered to the north by a proposed City park (zoned L-
0), to the south by Salisbury Lane Subdivision (zoned R-4), to the east by rural residential
(zoned RUT, Ada County), and to the west by rural agricultural (zoned RUT, Ada County) and
Strasser Farms Subdivision (zoned R-4, Ada County).
10. The property which is the subject ofthis application is within the Area of Impact
of the City of Meridian, and the entire parcel ofthe 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:
Residential subdivision consisting of 9 lots (5 residential, 4 common) at a density of 1 dwelling
unit per acre.
12. The Applicant requests zoning of the subject real property as R-2, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential, (Note No.2 on map allows for residential
development that is one "step" higher or lower than the map designation without a
Comprehensive Plan Amendment).
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION
(AZ-02-032)
Page 3
13. The Meridian City Council recognizes and takes notice of the concerns of Wendel
Bigham, Joint School District No.2, dated January 7,2003.
14. There are no significant or scenic features of major importance that affect the
consideration ofthis application.
15. The parcel proposed for annexation is adjacent to a residential parcel owned by
the same owner as this parcel. The owner does not wish to annex both parcels. Unless both
parcels are annexed, an enclaved county parcel would be created. Existing City policy
discourages annexations which result in enclaves because enclaves create jurisdictional issues
regarding law enforcement and code enforcement.
16. It is not in the best interests ofthe City of Meridian to annex this property.
CONCLUSIONS OF LAW
1. 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 ofthe 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 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 the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL!
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDMSION
(AZ-02-032)
Page 4
02-382.
4. The requested zoning of Rural Low Density Residential (R-2), is defined in the
Zoning Ordinance at 11-7-2 A. as follows:
m-2) Rural Low Density Residential District: The purpose of the R-2 District is to
permit the establishment of rural low density single-family dwellings, and to delineate
those areas where predominantly rural residential development has, or is likely to occur in
accord with the Comprehensive Plan ofthe City, and to protect the integrity of rural
residential areas by prohibiting the intrusion of incompatible nomesidential uses. The R-
2 District allows for a maximum of two (2) dwelling units per acre and requires
connection to the Municipal water and sewer systems of the City.
5. That in g11-2-417 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."
6. Idaho Code g 67-6511 (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 g67-6512 (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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDMSION
(AZ-02-032)
Page 5
within the City's boundaries as provided in Article xn g2 of the Constitution of the
State ofIdaho.
9. The provisions ofI.C. g50-222 govern the conditions upon which the
City may 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 adjacent to a residential parcel
owned by the same owner as this parcel. The owner does not wish to
annex both parcels. Unless both parcels are annexed, an enclaved county
parcel would be created. Existing City policy discourages annexations
which result in enclaves because enclaves create jurisdictional issues
regarding law enforcement and code enforcement.
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 g67-6521 an affected person being a person who has an interest in real
property which maybe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDIVISION
(AZ-02-032)
Page 6
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the (~ day of
!J;nd-
.2003.
ROLL CALL:
COUNCILMAN BIRD
VOTED ~
COUNCILWOMAN deWEERD
VOTED ~
COUNCILWOMAN McCANDLESS
VOTED F
COUNCILMAN NARY
VOTED ~
----
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4--/~-tJ'3
VOTED
MOTION:
APPROVED: ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By:JI~ft~r;
City Clerk
Dated:
Z:\Work\M\Meridian\Meridian 15360M\Northbridge Sub AZ-02.032 PP-02-032 MI-03-013\AZ Denial Findings.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL I
CENTENNIAL DEVELOPMENT, LLC REQUEST FOR
RUT TO R-2 FOR PROPOSED NORTHBRIDGE SUBDMSION
(AZ-02-032)
Page 7