Z - Request_for_ReconsiderationCARROLL LAVA
P11C
REQUEST FOR RECONSIDERATION
TO: City of Meridian, Mayor and City Council Members
FROM: Andrea D. Carroll
DATE: May 8, 2018
RE: Lost Rapids (H-2018-0004)
This Request for Reconsideration is submitted on behalf of my clients, a coalition of
Bainbridge and SpurWing residents who have informally organized as the "Coalition
Against Lost Rapids." Specific individuals that have been asked to join in this request to
preserve their ability to appeal the City of Meridian's permit through a judicial review
include:
Merridee Tipton
David Reyes
Susan Fillman
Jack Tipton
Owen Barber
Sandy Maple
Shelley Lupher
Susan Barber
Bob Bacon
Phil Swanson
Sally Reynolds
Gail Bacon
Jane Albert
Robert Neufeld
Kevin Denison
Norm Albert
Ursula Neufeld
,Iasi Packard
Megan Rock
Shane Hanson
Rick Burke
Robert Rock
Joann Howe
Carris Smith
John Howe
I. Variance Criteria
At the City Council hearing that occurred on April 3, 2018, the applicant for the first time
articulated a legal argument that an access point on Chinden could be approved through
any other means other than the variance permit requested in the application. The neighbors
who participated in the hearing, including those listed above, relied on the sufficiency of
the public notice, the staff report, and other documents in the record as representing a full
and complete basis for the requested application. Furthermore, it is unclear whether the
City Council ever made a decision as to the legal basis for approving the variance. The
findings themselves are vague and unspecific on this highly relevant disagreement
regarding the interpretation of Meridian City Code and Idaho Code.
II. Ex Parte Information
During the hearing, one City Council Member (Ty Palmer) stated that he was using his
internet access to Google the locations of other Costco stores to examine the layout of those
stores within their neighborhoods and contrast that with the applicant's proposed plan. The
appropriateness of this development within the surrounding community was a highly
contested fact and Mr. Palmer's use of his internet access to undergo his own factual
inquiry outside the public record was inappropriate and constituted unlawful ex parte fact
gathering.
ANDREA D. CARROLL R0.BOx 2006 • BOISE IDAHO 83701 • ADC@IDAHOPROPERTYLAW.COM (208) 949-9670
III. Findings Insufficient with LLUPA and Due Process Requirements
Idaho Code requires a land use body to adopt Findings of Fact and Conclusions of Law
and should also include:
[A] reasoned statement that explains the criteria and standards considered
relevant, states the relevant contested facts relied upon, and explains the
rationale for the decision based on the applicable provisions of the
comprehensive plan, relevant ordinance and statutory provisions, pertinent
constitutional principles and factual information contained in the record.
Idaho Code § 67-6535(2).
The City of Meridian's findings are simply a procedural history. The approved findings
do not demonstrate compliance with the applicable legal principles and do not
acknowledge the resolution of factual disputes. The findings do not provide the neighbors
an opportunity to examine the basis of the decision reached by the City Council in any
meaningful way. Furthermore, the findings are insufficient for a Court to evaluate whether
the City Council followed the appropriate standards, ordinances, statutes, and
constitutional principles in reaching its decision.
IV. Conclusion
The above articulated deficiencies should not be interpreted as an exclusive list of issues
for judicial review. While this request represents a good -faith effort to identify the
potential procedural and legal errors that could be a basis for a petition for judicial review,
this request is required by statute in a short time frame and the process is not conducive to
a more in-depth legal analysis. Additional issues may be articulated in a petition for
judicial review filed with the district court.
The above issues present a sufficient basis for the City of Meridian to reconsider its
decision and the individuals named in this request ask that the City Council consider a full
rehearing and decision that would provide an improved opportunity for neighbors to fairly
participate in the hearing.
REQUEST FOR RECONSIDERATION OF LOST RAPIDS (H-2018-0004) Page 2