Designing Team Findings 2017-0166 CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Rezone of 0.36 of an Acre of Land from the R-15 (Medium-high
Density residential) to the O-T (Old Town) Zoning District, by Designing Team.
Case No(s). H-2017-0166
For the City Council Hearing Date of: February 20, 2018 (Findings on March 6, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 20, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 20,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 20, 2018, 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 in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 20, 2018, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0166 - 1 -
Meridian City Council Meeting Agenda March 6, 2018 – Page 311 of 605
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
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 rezone is hereby approved per the comments in the Staff Report for
the hearing date of February 20, 2018, attached as Exhibit A.
D. 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.
E. Attached: Staff Report for the hearing date of February 20, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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Meridian City Council Meeting Agenda March 6, 2018 – Page 312 of 605
By action of the City Council at its regular meeting held on the J'0-�h day of M ar
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED ,/ef6
COUNCIL, MEMBER TREG BERNT VOTED 4
COUNCIL MEMBER GENESIS MILAM VOTED ye4
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam Weerd
Attest:+ '
C. y Cole
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By; 1Mdoao(j� Dated: U' w (ij
City Clerk's Office
CITY OF MERIDIAN FINDINGS QF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0166 t)e6}GJ* fig -rear r, 3