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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 FILE NO(S). H-2017-0166 - 2 - 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