HomeMy WebLinkAboutMedford FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-042 / PP-05-043 / CUP-05-044 - PAGE 1 of 4
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density
Residential) for 4.85 acres and R-15 (Medium High-Density Residential) for 4.78 acres
AND Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57
acres AND Conditional Use Permit for a Planned Development consisting of 22 single
family homes and 7 four-plex buildings (apartment houses) with reductions requested to
the minimum street frontage and lot size for Medford Place Subdivision, by Dyver
Development, LLC.
Case No(s).: AZ-05-042, PP-05-043 and CUP-05-044
For the City Council Hearing Date of: January 10, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 10, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 10, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
10, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 10, 2006 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 August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-042 / PP-05-043 / CUP-05-044 - PAGE 2 of 4
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the
Conditions of Approval all in the attached Staff Report for the hearing date of January
10, 2006 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated July 7, 2005 (Revised 9-22-05) is hereby conditionally approved;
2. The applicant’s Site Plan as evidenced by having submitted the Site Plan dated July 7,
2005 (Revised 10-4-05) is hereby conditionally approved; and,
3. The following modifications to site specific conditions were made at the City Council
hearing:
a. None.
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 10, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-042 / PP-05-043 / CUP-05-044 - PAGE 3 of 4
structures on or in the ground. For conditions use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
2. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-042 / PP-05-043 / CUP-05-044 - PAGE 4 of 4
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 January 10, 2006
By action of the City Council at its regular meeting held on the ___________ day of
________________, 2006.
COUNCIL MEMBER SHAUN WARDLE VOTED_______
COUNCIL MEMBER JOE BORTON VOTED_______
COUNCIL MEMBER CHARLIE ROUNTREE VOTED_______
COUNCIL MEMBER KEITH BIRD VOTED_______
MAYOR TAMMY de WEERD VOTED_______
(TIE BREAKER)
_____________________________
Mayor Tammy de Weerd
Attest:
__________________________________
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:__________________________________ Dated:________________________
City Clerk’s Office