Troutner Business Park AZ Amend
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288.250]
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (20B) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
December 4, 1998
RECEIVED
DEe - 7
CITY OF MERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: TROUTNERBUSThffiSSPARK
Dear Will:
Pursuant to City Council action of November 17, 1998, I have prepared the ORDER OF
ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LA W in the
application of James Ballantyne, regarding the above matter. This document is now ready for the
Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's
signature secured, the original should be retained by the City Clerk. Copies should be served
upon the Applicant, the Plamling and Zoning Depmtment and the Public Works Department, as
designated by the City Clerk's signature.
If you need further assistance by this office, please advise.
Very truly yours,
WFG/msg
Enclosure
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION
OF TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION, SOUTH
OF FRANKLIN ROAD AND WEST OF
MERIDIAN ROAD, THE APPLICATION FOR
ANNEXATION AND ZONING FOR A
PORTION OF THE NE % SECTION 13 T 3N,
R 1W, MERIDIAN, IDAHO
) ORDER OF ADOPTION OF
) AMENDED FINDINGS OF
) FACT AND CONCLUSIONS
) OF LAW
)
)
)
)
The above entitled application to amend the Findings of Fact and
Conclusions of Law issued by the City Council on the 20th day of August, 1996,
having come on for public hearing on November 17, 1998, at the hour of 7:00
o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the City Council having received the record of this matter
before the Planning and Zoning Commission and having received the oral report
of Planning and Zoning staff and the testimony of the representative of the
Applicant, James Ballantyne, and the Council having duly considered the matter
it does hereby make the following Findings of Fact and Conclusions of Law and
Decision and Order:
FINDINGS OF FACT
1 . A notice of a public hearing on the application to amend was
published for two (2) consecutive weeks prior to the said public hearing
scheduled for November 17, 1998, before the City Council, the first publication
ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT
AND CONCLUSIONS OF LAW
appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under
consideration more than one week before said hearing and the copies of all
notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by
the Planning and Zoning Commission at the August 31, 1998, public hearing;
and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. The City Council finds good cause to adopt as its Findings of Fact
and Conclusions of Law as recommended by the Planning and Zoning
Commission, a copy of which is attached thereto marked Exhibit "A" and by this
reference incorporated herein as if set forth at length.
DECISION AND ORDER
NOW THEREFORE, it is hereby Ordered and this Does Order that:
1. The City Council does hereby adopt as its Findings of Fact and
Conclusions of Law as recommended by the Planning and Zoning Commission,
a copy of which is attached thereto marked Exhibit "A" and by this reference
incorporated herein as if set forth at length.
2. The Findings of Fact and Conclusions of Law No. 13 and 14 of the
Findings of Fact and Conclusions of Law issued by the City Council on the 20th
day of August, 1996, are hereby amended to read as follows, to-wit:
The use and development of C-G zoned Block 1: Lots 2 and 4; Block 2:
Lots 2-4, Lots 6-12, and Lots 14 and 15; Block 3: Lots 1-3 and Lots 5-7;
Block 4: Lots 1-3; and Block 5: Lots 1-3, shall be in accordance with the
allowed usage under the ordinance. The use and development of L-O
zoned Block 1: 6-10 and Lots 12 and 13, which are adjacent to existing
homes, will remain subject to the conditional use permit conditions as
provided in the August 20, 1996, Findings of Fact and Conclusions of
Law.
3. That the Development Agreement dated the 29th day of April,
1997, by and between the City of Meridian and the Applicant, Section 2 therein
be amended in accordance with the amendment to the Findings of Fact and
Conclusions of Law and that the City Attorney prepare such amendment to the
agreement for signature by the parties.
1998.
By action of the City Council at its regular meeting held on November 17,
/J "D-
By:/.;Q~ .
. OBERT D. CORRIE
Mayor, City of Meridian
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Copy served upon Applicant, the
Public Wo s Department.
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MOTION: APPROVED: N
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