Loading...
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