Loading...
HomeMy WebLinkAboutBarrus, Brent AZt • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BRENT BARRUS ANNEXATION AND ZONING ' LOTS 5 AND 6, BLOCK 1, DORIS SUBDIVISION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 10, 1991, at the hour of 7:30 o'clock p,m, on said date, at the Meridian city Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant, Brent Barrus appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 10, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 10, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices .were AMBROSE, made available to newspaper, radio and television stations; F1T2(3ERAlD RCROOKSTON 2, That the property included in the application for Attomeyeand Counseloro annexation and zoning is described in the application, and by this P•~•~^+27 Meridlen, Idaho reference is incorporated herein; that the property is 83612 TeleOhone888J181 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 z. AMBROSE, FITZOERALD 6CROOKBTON Allomeye end Couneslore P.O. Box 127 Msridlan, Idaho 83812 Telephone 8881181 • • approximately 2 acres in size; it is located on the north side of Fairview Avenue Road and approximately one-quarter of a mile west of Locust Grove Road. 3. That the property is presently zoned by Ada County as Commercial and the proposed use would be for an athletic facility and the requested zoning is General Retail and Service Commercial (C-G). 4. The general area surrounding the property is used commercially and residentially; the property is part of Doris Subdivision, a residential subdivision. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Brent Barrus, is the owner of record. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned C-G; that the present use of the property is vacant ground; that the applicant indicated that the intended development of the property would be for a health and racquet club or for office uses if the health facility was not developed. 10. There were no property owners in the immediate area that testified objecting to the Application. 11. That the property is in the NORTH CURVE Neighborhood as FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 • • set forth in Policy Diagram in the Meridian Comprehensive Plan. 12. That the property can be serviced with City water and sewer. 13. Ada County Highway District, the Department of Health, Settlers Irrigation District, City Engineer, Bureau of Reclamation and City Fire Department may submit comments and such will be incorporated herein as if set forth in full; that the Nampa and Meridian Irrigation District did submit comments and such are incorporated herein. 14. That the General Retail and Service Commercial (C-G) District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 15. That proper notice was given as required by law and all AMBROSE, FITZGERALD RCROOKSTON Attorneys end Counselors P.O. Box 127 Msridlen, Idaho r»e1: Telephone 988JI61 procedures before the Planning and Zoning Commission ,were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF SAW - PAGE 3 • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is AMBROSE, FITZOERALD 6CROOKSTON Attorneys and Couneeloro P.O. Box 427 Msrldlan, Idaho 83842 Telephone 8894481 contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 • AMBROSE, FITZGERALD RCROOKSTON Attorneys and Counseloro P.O. Box 127 Msrldlan, Idaho 83912 Telephone 8881181 the owner and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land, 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance; that any waterways and canals within the property will have to be tiled. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the NORTH CURVE NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan 12. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 ~ ~ i + '~ I ~ • 13. That any ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That any of the requirements of the Nampa Meridian or Settlers Irrigation Districts shall be met as well the requirements of the City Engineer. 15. With compliance of the conditions contained herein, the annexation and zoning of C-G would be in the best interest of the City of Meridian. APPROVA! OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED __ COMMISSIONER ROUNTREE VOTED _ COMMISSIONER SHEARER VOTED ~_ __ COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED __ AMBROSE, DECISION AND RECOMMENDATION FIT2OERALD BCROOKSTON The Meridian Planning and Zoning Commission hereby recommends Attomeye~nd t3ouneeloro to the City Council of the City of Meridian that the a y pprove the P.O. Box 427 Merldlsn, tdeho ~e,2 Telephone 9881191 FINDINGS OF FACT AND CONCLUSIONS OF lAW - PAGE 6 N ~~ '. AMBROSE, FIT2GERALD 8 CROOKSTON Attorneys and Counselors P.O. Box •27 Merldhm, Idaho ese.z Telephone 8B8~4r81 Annexation and zoning requested by the Applicant for the property described in the application with the .conditions set forth in the Findings of Fact and Conclusions of law and that the Applicants be specifically required to file all ditches, canals and waterways as a condition of annexation and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7