Z - FFCL Silverstone ApartmentsCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for an amendment to the Comprehensive Plan Future Land Use Map to
change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use
Regional and to change the land use designation on 42.18 from Boise's "Suburban" Comprehensive Plan
Land Use designation to Medium Density Residential by DevCo, LLC.
Case No(s). H-2016-0060
For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 16,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 16, 2016, 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 April 19, 2011, Resolution No. 11-784 and Maps.
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 of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
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copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference.
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 request for an amendment to the Future Land Use Map contained in the
Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for
the hearing date of August 16, 2016, attached as Exhibit A.
2. The applicant's request for annexation and zoning was approved with a C -G zoning district,
with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached
as Exhibit A.
3. The applicant's request for a conditional use permit is hereby approved based on the findings in
the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of August 16, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
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By action of the City Council at its regular meeting held on the ( day of 5f ,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED Y
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ,r
COUNCIL MEMBER TY PALMER VOTED `e6
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED /W4
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: c- - (�04�q Dated: 0171/
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
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