HomeMy WebLinkAboutBrandon Wright RZ-04-003
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04-27-04
IN THE MATTER OF THE
REQUEST FOR REZONE OF .17
ACRES FROM I-L TO O-T,
LOCATED AT 631 WEST 1ST
STREET, MERIDIAN, IDAHO
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Case No: RZ-04-003
BRANDON WRIGHT,
Applicant.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .17 acres having come on
for public hearing on April 27, 2004, at the hour of7:00 otc1ock p.m., and Council having
received the report of Wendy Kirkpatrick for the Planning and Zoning Department, and Anna
Powell Planning Director for the Planning and Zoning Department, appeared and testified, and
the Council having received the record of this matter made before the Planning and Zoning
Commission, and having received their Recommendation to the City Council, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for April 27 , 2004, before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR.17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT - J (RZ-04-003)
PAGE 1 OF 16
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the April 27, 2004, public hearing; and the applicant,
affected property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 9911-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately .17 acres in size and is at 631 West 1 st
Street, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian
City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application
is accurate and meets the requirements of the City of Meridian and State Tax Commission.
5. The owner of record of the subject property is Brandon Wright, 2040
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR.17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 2 OF 16
Fairview Ave., Ste 9, Meridian, Idaho.
6. The Applicant is Brandon Wright.
7. The property is presently zoned as I-L, and consists of a single family
residence. The single-family residence is currently a legally nonconforming use in the I-L zoning
district.
8. The Applicant requests the property be rezoned to O-T, and is not
proposing to change the use of the property; the applicant is seeking to rezone the property to
make the single-family residence a legally conforming use. Currently, the nonconforming status
of the property would require the property owner to go through the conditional use process in
order to obtain a building permit to reconstruct their home ifit was damaged in a fire. The
applicant stated in his application that the difficulty of obtaining a building permit to rebuild the
home in the event of a fire or other disaster would make it very difficult to sell their home in the
future.
9. The proposed site is bordered by the following:
North: Single Family Residential, zoned I-L. R-8 zoning is located north
of Broadway.
South: Single Family Residential, zoned I-L. The Union Pacific Railroad
is located at the southern end ofW. 1st Street.
East: Single Family Residential, zoned I-L. 0- T zoning is located east of
Meridian Road.
West: Single Family Residential, zoned I-L.
10. The subject property is within the Area of Impact ofthe City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 3 OF 16
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: applicant intends to keep the property as a single-family residence.
13. The Applicant's requested rezoning of the subject real property as O-T is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Old Town.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. In review of the application forrezone it is provided at Meridian
City Code 9 11-15-llfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions ofthe
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 4 OF 16
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result. in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
15.2 Staff conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use
of property.
3. All construction shall conform to the requirements of the Americans with Disabilities Act.
4. Any assessments or re-assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
5. Development of the property shall be in conformance with the Meridian City Code.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
This applicatioll is for a change of ZOlling. Listed below are some of the site specific
conditions of approval that District may require when it reviews a future development
application. The District may add additional site specific requirements when it reviews
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 5 OF 16
a specific redevelopment application.
1. Widen the pavement on 1 st Street to one-half of a 36-foot street section, and construct
curb, gutter, and sidewalk abutting the site.
2. Pave the alley its full width from Broadway Street up to and abutting the entire site.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction ofthe proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction~ use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO ON T
BY: BRANDON WRIGHT N 1 (RZr04N003)
PAGE 6 OF 16
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
16. It is found that the requested zoning designation ofO-T is harmonious with and in
accordance with the effective Comprehensive Plan (02') and Future Land Use Map which
designates the subject property as "Old Town". The requested O-T zoning is harmonious with
the "Old Town" designation and is in accordance with the overall goals and policies of the
Comprehensive Plan.
17. It is not anticipated that the property will be rezoned in the future, and the
proposed rezone complies with the requested zone supported by the Future Land Use Map.
18. It is found that the applicant does not intend to change the existing single
family residential use on the subject property; the proposed rezone will bring the property into
compliance with the zoning code.
19. It is found that the recent adoption of the City's new Comprehensive Plan
changed the land use designation of the property to "Old Town". While there has not been a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 7 OF 16
change in the area, the existing residential uses in the area dictate that the area be rezone.
20. It is found that all development on the subject property will be required to
comply with the MCC, and that the future development of the land will be in harmony with the
existing and intended character of the Old Town area. All new development (aside from single-
family detached homes) will require a Conditional Use Permit application, as required by the Old
Town zoning designation.
21. It is found that the requested rezone to 0- T should not be disturbing to existing
or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses)
within the 0- T zone may have the potential to be disturbing to future or existing neighbors;
however, any changes in use will have to go through the Conditional Use Permit process and will
be required to comply with the approval requirements of the MCC.
22. It is found that the existing single family home is adequately served by all
essential public services and facilities.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone will not be detrimental to the community's economic welfare.
24. It is found that the proposed O-T zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, or conditions
that are detrimental to the general welfare of the community.
25. It is found that the proposed 0- T zoning will not interfere with general traffic
patterns on any public streets.
26. It is not found that any natural or scenic feature will be lost, damaged or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 8 OF 16
destroyed by approval of this rezone.
27. It is also found that the proposed rezone would be in the best interest of the
City by allowing the existing single family residence to become a legally conforming use.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Old Town District, (O-T) is defined in the Zoning
Ordinance at 11-7-2 L as follows:
(L-O) Old Towll District: The purpose of the OT District is to accommodate and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential, and
other related uses is encouraged in an effort to provide the appropriate mix of activities
necessary to establish a truly urban City center. The District shall be served by the
Municipal water and sewer systems of the City. Development in this District must give
attention to the handling of high volume of traffic, adequate parking, and pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
4. Idaho Code 967-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 9 OF 16
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code 9 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition ofrezoning that an owner or developer make a written commitment
concerning the use or development ofthe subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code 911-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
7. 9 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR.17 ACRES FROM I-L TO OMT
BY: BRANDON WRIGHT -I (RZ-04M003)
PAGE 10 OF 16
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. 9 11-15-11 of the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONlNG AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms ofthe following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zomng.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
servIces;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 11 OF 16
property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest ofthe City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDlNGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
L The Applicant's request is for rezone of .17 acres and the applicant intends to
keep the property as a single-family residence, which is subject to the terms and conditions of
this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use
of property.
3. All construction shall conform to the requirements of the Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 12 OF 16
4. Any assessments or re-assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
5. Development ofthe property shall be in conformance with the Meridian City Code.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
This application isfor a change ofzoning. Listed below are some of the site specific
conditions of approval that District may require when it reviews a future development
application. The District may add additional site specific requirements when it reviews
a specific redevelopment application.
1. Widen the pavement on 1 sl Street to one-half of a 36- foot street section, and construct
curb, gutter, and sidewalk abutting the site.
2. Pave the alley its full width from Broadway Street up to and abutting the entire site.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT - J (RZ-04-003)
PAGE 13 OF 16
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation ofthe zoning for the real property which is the
subject of the application to (O-T) Old Town District (Meridian City Code S 11-7-2 L) which
ordinance shall be considered for passage.
4. Subsequent to the passage ofthe Ordinance, provided for in Section 2 of this
Order, the engineering staff ofthe Public Works Department shall prepare the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO 0- T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 14 OF 16
mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision 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.
By action of the City Council at its regular meeting held on the / II&- day of
thaft
ROLL CALL
,2004.
COUNCILMAN SHAUN WARDLE
VOTED~V
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED gtea:.---
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 15 OF 16
COUNCILMAN KEITH BIRD
VOTED~
.--
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 5-11-04--
VOTED
MOTION:
APPROVED:L
DISAPPROVED:
Attest:
f
William G. Berg, JI., City lerk % "1<) QUS/1S1' '" ~f f
~ AI' ~ "
...... ~yc ,,('\\' "
"'/ 01 tc..rr"/. \V \'
Copy served upon Applicant, the Plannitfg41n<l'~n'irlD,~~partment, Public Works Department
. lTltlJllllI\~
and the CIty Attorney.
By:-JI~~~ 9v.
City Clerk
Dated:
~-/I-tl+
Z:\Work\M\Meridian\Meridian l5360MIBrandon Wright RZ-04.Q03\FfsClsOrderREZ.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING FOR .17 ACRES FROM I-L TO O-T
BY: BRANDON WRIGHT -I (RZ-04-003)
PAGE 16 OF 16