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.
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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:
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CifvOf o
CJAY COkES, CITY CLERK E ID
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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