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Z - Written Decision on 2nd Request for Reconsideration Charlene Way From:Chris Johnson Sent:Wednesday, September 14, 2022 2:02 PM To:Josh Leonard Cc:Charlene Way Subject:Written Decision on Second Request for Reconsideration Attachments:20220914142354085.pdf Mr. Leonard, Please find attached a copy of the Written Decision on Second Request for Reconsideration for Burnside Ridge Estates (H-2021-0070). The original will be delivered via USPS. Have a great afternoon. Chris Johnson, M.Ed., CMC, IdCMC City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Mayor Robert E . Simison E I D IA N --- City Council Members : Treg Be City Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader WRITTEN DECISION ON SECOND REQUEST FOR RECONSIDERATION DATE : September 14 , 2022 TO : Joshua J . Leonard, Clark Wardle on behalf of Linder Holdings , LLC FROM : William L . M . Nary , City Attorney RE : Second request for reconsideration of Meridian City Council decision concerning Burnside Ridge Estates (H-2021 - 0070) Pursuant to Meridian City Code section 1 - 7 - 10 ( A) (7) 5 the City Attorney of the City of Meridian hereby provides the following memorandum summarizing the decision of the City Council of the City of Meridian ( " City Council ") in the above-referenced matter . 1 . At a public hearing held on June 7 , 2022 , the City Council considered an application ("Application") filed by Kimley- Horn & Associates on behalf of the property owner, Linder Holdings , LLC , to -wit : an application for (A) annexation and zoning of 121 . 29 acres of land from RUT in Ada County to the R- 2 ( 11 . 76 acres) and R4 ( 109 . 53 acres) zoning districts and (B ) a preliminary plat consisting of 299 total lots (275 single - family residential lots and 24 common lots) on 119 . 31 acres of land . Following receipt of evidence and deliberations , the City Council denied the Application . 2 . At its meeting on June 21 , 2022 , the City Council entered its Findings of Fact, Conclusions of Law, Decision, and Order denying the Application . 3 . On July 5 , 2022 , Joshua J . Leonard , on behalf of Linder Holdings , LLC , filed a request for reconsideration of the City Council ' s decision . 4 . Pursuant to Meridian City Code section 1 - 7 - 10 (A) (4) , the request for reconsideration was scheduled to be heard on July 26 , 2022 , and the City Clerk provided notice of such hearing to Mr . Leonard . 5 . At its meeting on July 26 , 2022 , the City Council heard the request for reconsideration and granted the request for the limited purpose of clarifying the Findings of Fact , Conclusions of Ciity Attorney ' s Office . 33 E . Broadway Avenue , Suite #306 . Meridian , ID 83642 Phone 208 -898 -5506 . www . meridiancity . org Law, Decision , and Order. The June 21 , 2022 , Findings of Fact, Conclusions of Law, Decision , and Order were nullified by this decision . 6 . At its meeting on August 9 , 2022 , the City Council entered its revised Findings of Fact, Conclusions of Law, Decision, and Order denying the Application . 7 . On August 23 , 2022 , Mr . Leonard , on behalf of Linder Holdings , LLC , filed a second request for reconsideration . 8 . In accordance with Meridian City Code section I - 7 - 10 (A) (4) , the second request for reconsideration was scheduled for hearing on September 13 , 2022 , and the City Clerk provided notice of such hearing to Mr . Leonard . 9 . At its meeting on September 13 , 2022 , the City Council heard the second request for reconsideration and , after finding no deficiencies with its decision denying the Application , denied the second request for reconsideration . PREPARED and SIGNED on this 14th day of September 14 , 2022 , pursuant to Meridian City Code section I - 7 - 10 (A) ( 7) . William L . M . Nary City Attorney CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 14th day of September, 2022 , I provided a true and correct copy of the foregoing WRITTEN DECISION ON SECOND REQUEST FOR RECONSIDERATION to the party requesting reconsideration by the method( s) and addressed as indicated below : Joshua J . Leonard ❑ U . S . Mail Clarke Wardle ❑ Personal Delivery P . O . Box 639 ❑ E-mail Boise , Idaho 83701 �ptFOAuce; jleonardr u.clarl: vvardle . coni City M w E IDIAN - IDAHO s�By : 1,� .,. °F SEAL ,P Chris JOhnso Aoft TRSNO City Clerk WRITTEN DECISION ON SECOND REQUEST FOR RECONSIDERATION BURNSIDE RIDGE ESTATES (H -2O22-0070) PAGE 2