Bull Run AZ-15-013 PP-15-017 - denialBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR ANNEXATION AND
ZONING OF 10.06 ACRES WITH A R-8
ZONING DISTRICT FOR BULL RANCH
LOCATED AT 6168 N. ELK RANCH LN.
By
GEM STATE ER, LLC
APPLICANT
C/C 12/2/15
Case No. AZ 15-013
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 December 2, 2015, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East
Broadway Avenue, Meridian, Idaho. Josh Beach, Associate City Planner for the
Meridian Planning and Zoning Department, and Tamara Thompson appeared and
testified on behalf of Gem State ER, LLC, 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 for annexation and zoning
was published for two (2) consecutive weeks prior to said public hearings scheduled for
December 2, 2015, 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 of the property under consideration more
than fifteen (15) days prior to said hearings and with the notice of public hearings having
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BULL RUN; CASE NO. AZ -15-013 AND PP 15-017 PAGE 1 OF 4
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 December 2, 2015, 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 §11-5A, 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 April 19, 2011, Resolution No. 11-784, the UDC, Title 11 and maps
and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 10.06 acres in size and is generally located
at 6168 N. Elk Ranch Lane, Meridian, Idaho, in the NW 1/a of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho (Parcel # R1002730200).
5. Gem State ER, LLC, whose address is 5262 N. Papago Place, Boise, Idaho
83713 is the current property owner.
6. The applicant is Gem State, ER, LLC, whose address is 5262 N. Papgo
Place, Boise, Idaho 83713
7. The subject property is currently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BULL RUN; CASE NO. AZ -15-013 AND PP 15-017 PAGE 2 OF 4
8. The Applicant requests the property be zoned R-8 (Medium Density
Residential District). The property which is the subject of this application is within the
Area of Impact of the City of Meridian.
9. The entire parcel of property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
10. The Applicant proposes to develop the subject property in the following
manner: Single-family homes.
10. The Meridian Comprehensive Plan Generalized Land Use Map designates
the subject property as Mixed Use -Regional.
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
Idaho Code §50-222. The Municipal Code of the City of Meridian §11-513-3 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 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
BULL RUN; CASE NO. AZ -15-013 AND PP 15-017 PAGE 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 offMeridian.JCVIA—
By action of the City Council at its regular meeting held on the /' day of
December, 2015.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN LUKE CAVENER
COUNCILWOMAN GENESIS MILAM
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN DAVID ZAREMBA
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED Lia,-
VOTED
VOTED
VOTED
VOTED
VOTED
VOTED
DATED: I a'/ I s hi '
MOTION: APPROVED: _ DISAPPROVED:
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ATTEST: �$
City of
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JDAHO
JAYC L. HOLMAN, CITY C ti
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Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By: Dated: /
Ci Cle -1 's 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
BULL RUN; CASE NO. AZ -15-013 AND PP 15-017 PAGE 4 OF 4