Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, E FINAL DECISION,DECISION,AND ORDER I D A H O
Date of Order: October 12, 2021
Case No.: H-2021-0024
Applicant: Jamie Koenig, Babcock Design
In the Matter of. Request for annexation of 17.5 acres of land with a TN-R zoning district; a
preliminary plat consisting of 61 building lots and 8 common lots; and a
conditional use permit for an assisted living and memory care facility.
Pursuant to testimony and evidence received regarding this matter at the public hearing before the
Meridian City Council on August 17, 2021, and September 12, 2021, as to this matter, the City
Council enters the following findings of fact, conclusions of law, final decision, and order.
A. Findings of Fact. The City Council finds that:
1. The facts pertaining to the 17.5 acres of land ("the Property"), the Applicant's request, and
the process are set forth in the staff report for Case No. H-2021-0024, which is incorporated
herein by reference.
2. The Property is not located within the incorporated area of the City of Meridian.
3. The Applicant is requesting annexation of the Property in order to develop a residential
subdivision, an assisted living and memory care facility, and a commercial building.
4. The proposed annexation is a Category A annexation under Idaho Code section 50-
222(3)(a).
5. The proposed residential subdivision is incompatible with the surrounding neighborhood.
6. The proposed annexation will result in additional traffic that will be detrimental to the
surrounding neighborhood.
7. The proposed annexation will result in additional on-street parking that will be detrimental
to the surrounding neighborhood.
8. The proposed annexation is not in the best interest of the City of Meridian.
B. Conclusions of law. The City Council concludes that:
1. The City Council takes judicial notice of Idaho Code section 50-222, which governs
annexations by cities.
2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"),
codified at Chapter 65, Title 67, Idaho Code.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
Jamie Koenig,Babcock Design—Case No.H-2021-0024 Page 1
3. The City Council takes judicial notice of the Unified Development Code of the City of
Meridian(UDC), all current zoning maps, and the City of Meridian Comprehensive Plan.
4. In order to grant an annexation and rezone, the City Council must make certain findings as
delineated in UDC section 11-5B-3, including a finding that the proposed annexation is in
the best interest of the City of Meridian. UDC § 11-513-3(E)(5).
5. Because the City Council found that the proposed annexation is not in the best interest of the
City of Meridian, the requirements set forth in UDC section 11-5B-3 have not been satisfied,
and the proposed annexation shall not proceed.
6. A city's decision to deny a Category A annexation is not subject to judicial review under
Idaho Code section 50-222(6). Black Labrador Investing, LLC v. Kuna City Council, 147
Idaho 92, 97, 205 P.3d 1228, 1233 (2009).
7. The purpose of the UDC is to "[c]arry out the policies of the comprehensive plan by
classifying and regulating the uses of property and structures within the incorporated
areas of the City of Meridian[.] UDC § 11-1-2(B) (emphasis added). Because the Property
is not located within the incorporated area of the City of Meridian, and because the proposed
annexation shall not proceed, the City Council is precluded from granting the Applicant's
request for a preliminary plat and a conditional use permit.
8. Pursuant to Idaho Code § 67-6503, the City of Meridian has properly exercised the powers
conferred by LLUPA.
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby
denies Applicant's request for annexation of the Property. Further, because the Property is not
located within the incorporated area of the City of Meridian, the City Council hereby denies
Applicant's request for a preliminary plat and a conditional use permit.
D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of
the governing body of the City of Meridian.
E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a
matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this
final decision may, within twenty-eight (28) days after all remedies have been exhausted,
including requesting reconsideration of this final decision as provided by Meridian City
Code section 1-7-10, seek judicial review of this final decision as provided by chapter 52,
title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not
admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d)
and 67-8003, an owner of private property that is the subject of a final decision may submit a
written request with the Meridian City Clerk for a regulatory takings analysis.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
Jamie Koenig,Babcock Design—Case No.H-2021-0024 Page 2
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 12th day of
October, 2021.
Robert E. Simison 10-12-2021
Mayor
Attest:
Chris Johnson 10-12-2021
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
Jamie Koenig,Babcock Design—Case No.H-2021-0024 Page 3