Cobblefield Crossing MI 04-005
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the request to allow direct access to Linder Road from an existing home on
Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc.
Case No. MI-04-00S
For the City Council Hearing Date of: August 24, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the August 24, 2004, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report for the
subject application(s), it is hereby verified that the property owner(s) of record at
the time of issuance of these findings is CMD, Inc.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MI-O4-005 - PAGE I 00
B. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Miscellaneous Application requesting direct access for Lot 2, Block 2 of Cobblefield
Crossing Subdivision to Linder Road is hereby denied:
Meridian City Council recommended denial ofMI-04-005 at their August 24,2004 public
hearing. City Council recommended denial ofMI-04-005 citing that it is the Council's
preference to not have access onto Linder Road for Lot 2, Block 2 of Cobblefield
Subdivision. Council stated that no evidence had been provided to change their decision on
the request. The staff report for MI-04-005 date June 28,2004 also recommended denial of
the request for access to Linder Road for Cobblefield Subdivision citing safety concerns and
concerns regarding the location ofthe driveway in a common lot owned by the homeowner's
association.
C.
Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 ofthe governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MI-Q4-005 - PAGE 2 00
By action of the City Council at its regular meeting held on the
¿:Jch~ ,2004.
/:2"'- day of
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCIUfAÞJ:QIT T NARY
'/OTEÐ-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
Attest:
and City Attorney.
By: jOJ..-QL ~ t.J\'\-I
City Clerk's Office
Dated:
10-25-04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MI-O4-005 - PAGE 3 00