CC - Revised FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request to Enter into a New Development Agreement for the Subject 3.29 Acre
Property and Exclude the Subject Property from the Original Development Agreement (Inst.
#108008770), by Barclay Group.
Case No(s). H-2019-0082
For the City Council Hearing Date of: September 3, 2019 (Findings on September 17, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 3,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 3, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 3, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a modification to the existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of September 3, 2019,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 3, 2019
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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By action of the City Council at its regular meeting held on the ___________ day of ________________,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED_______
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_______
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______
COUNCIL MEMBER TY PALMER VOTED_______
COUNCIL MEMBER TREG BERNT VOTED_______
COUNCIL MEMBER GENESIS MILAM VOTED_______
MAYOR TAMMY de WEERD VOTED_______
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
_______________________________
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:__________________________________ Dated:________________________
City Clerk’s Office