HomeMy WebLinkAboutCastle Rock Denial FindingsBEFORE THE MERIDIAN CITY COUNCIL
C/C 04/22/08
IN THE MATTER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 224.29 ACRES TO
R-2 and R-8
FOR
Case No. AZ 07-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENTAL
CASTLE ROCK SUBDIVISION
By
PROVIDENCE DEVELOPMENT
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on April 15, 2008, 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 Dcpartmcnt, and Gerry Armstrong for Providence Development,
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 fox annexation and zoning
was published for two (2) consecutive weeks prior to said public hearings scheduled for
April 15, 2008, 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 baundarics of the property under consideration more than
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL,
CASTLE ROCK SUBDIVISION; CASE NO. AZ-D7-016
PAGE 1 OF 4
fifteen (15) days prior to said hearings and with the notice of public hearings 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 on Apri115, 2008, 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.
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 G, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is approximately 224.29 acres in size and is generally located
at west of S. Eagle Road and south of Amity Road, in Section 29, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho.
5. Providence Development, whose address is 701 S. Allen Street, Suite 102,
Meridian, Idaho 83642, is the current property owner and the applicant.
6. The subject property is currently zoned RR (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CASTLE ROCK SUBDIVISION; CASE NO. AZ-07-016
PAGE 7 OF 4
7. The Applicant requests the property be zoned R-2 (Low Density
Residential) and R_g (Medium Density Residential District). The property which is the
subject of this application is within the Area of Impact of the City of Meridian.
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 £ollawing
manner: Low Density Residential District and Medium Density Residential District.
10. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Medium Density Residential and Low Density Residential.
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
ldaho Code §SU-222. The Municipal Code of the City of Meridian §11-SB-3 provides
the City rrlay 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.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
CASTLE ROCK SUBDIVISION; CASE NO, AZ-07-016
PA(`rF. 3 OF 4
That the application for annexation and zoning is denied for the following
reasons:
The proposed development is not in the best interest of the City of Meridian.
By action of the City Council at its regular meeting held on the day of
April, 2008.
ROLL CALL:
COTNCILMAN KF,TTH RTRT) 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
CASTLE ROCK SUBDIVISION; CASE NO. AZ-07-016
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