HomeMy WebLinkAbout2022-05-27 Letter of Denial Mayor Robert E . Simison
E IDIAN ---� City Council Members :
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
Luke Cavener Liz Strader
WRITTEN DECISION ON REQUEST FOR RECONSIDERATION
DATE : May 27 , 2022
TO : Elizabeth A . Koeckeritz , Givens Pursley LLP ,
on behalf of the Walsh Group , LLC
FROM : William L . M . Nary , City Attorney
RE : Request for Reconsideration of Findings of Fact, Conclusions of Law for Denial
of Jamestown Ranch Subdivision (Case No . 1-1- 2021 - 0074 ) by Walsh Group , LLC ,
Located Near the Southeast Corner of the N . Black Cat Rd . and W . McMillan Rd .
Intersection at 4023 W . McMillan Rd . and parcels SO434223150 , SO434212970 ,
S0434212965 , and SO434212920
Pursuant to Meridian City Code section 1 - 7 - 10 (A) (7 ) , the City Attorney of the City of Meridian
hereby provides this written decision concerning the above- listed matter ;
l . At a public hearing held on March 15 , 2022 , and April 5 , 2022 , City Council considered case
number 1-1 - 2021 - 0074 (" Application") by Walsh Group , LLC ("Applicant") concerning a
request to ( 1 ) annex 80 acres of land with R4 zoning and (2 ) approve a preliminary plat
consisting of 294 building lots and 25 common lots . Following receipt of evidence and
deliberations , City Council denied the Application .
2 . At its regular meeting on April 19 , 2022 , City Council entered its written Findings of Fact,
Conclusions of Law, Decision, and Order concerning the denial of the Application .
3 . On May 3 , 2022 , Elizabeth A . Koeckeritz filed a request for reconsideration concerning City
Council ' s denial of the Application .
4 . In accordance with Meridian City Code section 1 - 7 - 10 (A) (4) , the request for reconsideration
was scheduled for hearing on May 24 , 2022 , and the City Cleric provided notice of said
hearing to Ms . Koeckeritz .
5 . At its regular meeting on May 24 , 2022 , City Council considered and denied said request for
reconsideration .
6 . Category A annexations are governed by Idaho Code section 50 - 222 , not by the Local Land
Use Planning Act , Thus , Idaho Code section 67 - 6519 ( 5 ) (c) is not applicable to the decision
denying the Applicant ' s request for annexation . To the extent Idaho Code section
67 - 6519 ( 5 ) ( c) may be applicable to the Applicant ' s request for a preliminary plat , there are
no actions the Applicant could take to obtain approval because the City is precluded from
approving a preliminary plat outside the City limits .
PREPARED and SIGNED this 27th day of May , 2022 , in accordance with Meridian City Code
section 1 - 740 (A) (7) . V)"j 1
l
h
William L . M . Nary
City Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 27th day of May , 2022 , 1 provided a true and correct copy of
the foregoing WRITTEN DECISION ON REQUEST FOR RECONSIDERATION to the
Applicant via U . S . mail and email as indicated below .
Elizabeth A . Koeckeritz
Givens Pursley LLP
P . O . Box 2720
Boise , Idaho 83701
eak@givenspursley . com
By : ,7
G i^
C is o on
/ ity Clerk
Written Decision on Request for Reconsideration
Case No . H - 2021 -0074 Page 2