Knighthill Apartments H-2016-0002 Findings of DenialBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION FOR THE PURPOSE )
OF INCORPORATING A SECOND )
CONCEPT PLAN, RESIDENTIAL )
BUILDING ELEVATIONS AND MODIFY)
CERTAIN PROVISIONS OF THE )
DEVELOPMENT AGREEMENT 1
FOR 1
KNIGHTHILL APARTMENTS )
By James Wylie )
APPLICANT. )
CIC 03-1-16
Case No. H-2016-0002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled request for a Development Agreement Modification having come
on for public hearing on March 1, 2016, at the hour of 6:00 o'clock p.m. at Meridian City
Hall, 33 East Broadway Avenue, Meridian, Idaho. Josh Beach, Meridian Planning and
Zoning Department, and James Wylie appeared and testified on behalf of Knighthill
Apartments, and the City Council having duly considered the evidence and the record in this
matter therefore make the following Findings of Fact and Conclusions of Law, and Decision
and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for development agreement
modification and preliminary plat was published for two (2) consecutive weeks prior to said
public hearings scheduled for March 1, 2016, before the City Council, the first publication
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Knighthill Apartments Case No. H-2016-0002 PAGE I OF 4
appearing and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearings and with the notice of public
hearings 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 on March 1, 2016, public hearing; and the applicant,
affected property owners, and government subdivisions provided 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 §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of
Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and
all current zoning maps thereof, and the Amended Comprehensive Plan of the City of
Meridian on April 19, 2011, Resolution No. 11-784, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is generally located on the southwest corner of Chinden
Boulevard and N. Linder Road in the NE 1/4 of Section 26, Township 4 North, Range 1
West, Meridian, Idaho.
5. James Wylie, whose address is 1676 N. Claredon Way, Eagle, ID 83616, is
the current property owner and applicant.
6. The applicant, James Wylie, has applied for a Development Agreement
Modification (Instrument # 114014784) for the purpose of incorporating a second concept
plan, residential building elevations and to modify certain provisions of the Development
Agreement. The property which is the subject of this application is within the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Knighthill Apartments Case No. H-2016-0002 PAGE 2 OF 4
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 shall apply the standards listed in Idaho Code
§67-6511 and Sections 11-513-3 of the Unified Development Code to review the
development agreement modification request.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. This denial is based upon the staff, applicant, and public comments received
on March 1, 2016 at the public hearing before the City Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application for Development Agreement Modification is denied since the
proposed modification is not in the best interest of the City at this time. The applicant has
failed to provide a compelling reason to change the Development Agreement as originally
proposed when the project was approved.
2016.
.By action of the City Council at its regular meeting held on the I S day of March,
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN JOE BORTON VOTED
COUNCILMAN LUKE CAVENER VOTED
COUNCILWOMAN GENESIS MILAM VOTED �y 2
COUNCILMAN TY PALMER VOTED A,4 2_.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Knighthill Apartments Case No. H-2016-0002 PAGE 3 OF 4
COUNCILMAN ANN LITTLE ROBERTS VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED: _
Co`1 pct AT i. D :1 LCGs
ATTEST:
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DISAPPROVED:
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
By: Dated:
City Clerk—s Off-ic
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR
CONDITIONAL USE PERMIT AND REZONE. Knighthill Apartments Case No. H-2016-0002 PAGE 4 OF 4