Loading...
Tree Farm Request for Reconsideration H-2016-0128 FINDINGS OF FACT, CONCLUSION OF LAW, DECISION AND ORDER OF DENIAL FOR REQUEST FOR RECONSIDERATION (H-2016-0128) PAGE 1 OF 4 BEFORE THE MERIDIAN CITY COUNCIL C/C 04-04-17 IN THE MATTER OF THE REQUEST FOR RECONSIDERATION OF APPROVAL OF THE TREE FARM SUBDIVISION FOR M3 DEVELOPMENT, LLC, APPLICANT. ) ) ) ) ) ) ) ) ) ) ) Case No. H-2016-0128 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled matter received two Requests for Reconsideration, filed by Lyn Southam and Susan Fillman respectively, having come for hearing on April 4, 2017, at the hour of 6:00 o’clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Facts, Conclusions of Law, Decision, and Order: FINDINGS OF FACT 1. The Local Land Use Planning Act and the Uniform Development Code have strict procedures that must be followed in all land use applications. 2. The City required neighborhood meeting with the applicant and surrounding properties was held on November 2, 2016. The sign in sheet from the meeting has 41 signatures/names listed as being there or being represented. 3. The application for rezone and preliminary plat was submitted by M3 Development on November 15, 2016. 4. Vicinity Notices to properties within 300 feet of the boundaries of this application, as required by the City Code, were mailed on December 8, 2016. 5. The public notice signs, as required by the City Code, were posted on the property on December 26, 2016. FINDINGS OF FACT, CONCLUSION OF LAW, DECISION AND ORDER OF DENIAL FOR REQUEST FOR RECONSIDERATION (H-2016-0128) PAGE 2 OF 4 6. The newspaper of record notice, as required by the Idaho State and Meridian City Codes, were published on December 19th and January 2nd for the Planning and Zoning Commission meeting on January 5, 2017. 7. The Commission made a recommendation to approve the project as presented. The matter was then forwarded to the City Council for a new public hearing. 8. New vicinity notices for the City Council hearing were mailed on January 13, 2017 for the City Council meeting of February 7, 2017. 9. The newspaper of record notice for the City Council meeting on February 7, 2017, was published on January 20, 2017. 10. The public notice signs on the property were updated on January 27, 2017. 11. The City Code requires signage along existing streets. This property currently only has one stub street to it. (N. Snow Cherry St.) Planning staff required two additional signs to assist with notice to the public. The City can only require signs be placed on the applicant’s property and not off site. All the signs were posted properly. 12. The Ada County Highway District (ACHD) held a meeting on January 25, 2017 and approved the project and the Commission voted to grant the applicant’s request for a modification of policy, allowing them to use the Tree Farm Way to access the first two phases of the development, or Ninety (90) building lots. 13. No request for reconsideration or appeal was filed in regards to the ACHD decision. 14. The City Council hearing was held on February 7, 2017 and the application was approved as presented. 15. The Findings of Facts, Conclusions of Law, Decision and Order were approved on February 21, 2017. 16. The City accepted the letter dated February 16, 2017 from Lyn Southam on February 22, 2017 as compliant with MCC 1-7-10 as a valid request for reconsideration for the Tree Farm approval. Mr. Southam filed two additional documents to supplement his request on March 3, 2017 and March 7, 2017. They are part of the record of this matter. 17. The City also received a second Request for Reconsideration on March 3, 2017 from Michial and Susan Fillman that was accepted. The Fillman’s supplemented their Request on March 8, 2017. They are part of the record of this matter. 18. The City Council held a hearing on the two Requests for Reconsideration on April 4, 2017. 19, At the April 4ch hearing Lyn Southam and Susan Fillman were allowed to provide supplemental information to original requests for reconsideration. 20. The applicant, M3 Development, was also given an opportunity to supplement their response to the requests for reconsideration. CONCLUSIONS OF LAW A. 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 (LC. §67-6503). B. The Meridian City Council shall apply the standards listed in Idaho Code §67-6535 and §1- 7-10 of the Meridian City Code to review the requests for reconsideration. C. Due consideration has been given to the comment(s) received from the parties filing the requests for reconsideration and the applicant. D. This denial is based upon the staff, applicant, and public comments received on April 4, 2017 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 two requests for reconsideration are denied. The requests have failed to identify specific deficiencies in the City Council's decision of February 7, 2017 in their approval of the Tree Farm application as required by law. An affected person aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of April, 2017. ROLL CALL: COUNCILMEMBER KEITH BIRD VOTED COUNCILMEMBER JOE BORTON VOTED .0 COUNCILMEMBER LUKE CAVENER VOTED Yep FINDINGS OF FACT, CONCLUSION OF LAW, DECISION AND ORDER OF DENIAL FOR REQUEST FOR RECONSIDERATION (H-2016-0128) PAGE 3 OF 4 COUNCILMEMBER GENESIS MILAM VOTED YA COUNCILMEMBER TY PALMER VOTED COUNCILMEMBER ANN LITTLE ROBERTS VOTED Ye4 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: Z./ / / MOTION: APPROVED: DISAPPROVED: MAYOR T7 de WEERD ATTEST: 2GOr �G\ CifvOf o CJAY COkES, CITY CLERK E ID ' IANC. m pAM CAL Copy served upon Applicant, the Community Development Department, Public Works Department, and City Attorney. By: C.. �V/ Cfo 4f Dated: Ll 11 / X�/ City Clerk's Office FINDINGS OF FACT, CONCLUSION OF LAW, DECISION AND ORDER OF DENIAL FOR REQUEST FOR RECONSIDERATION (H-2016-0128) PAGE 4 OF 4