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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 ------~ ~.-<- . Copy served upon Applicant, the Public Wo s Department. ~ MOTION: APPROVED: N 120498-Final . . ~;4l1Hlflllh Planning and Zomng Departme~~\\~, ~ft~rif;::'I/<,,,. ..:~ {'\-4. '_"'~ '~i~;.'. :;:.t.... ,$' Cl Q?.ryoi74~"'.z" <~ Dated: ! 1-/1-'18 f ~v ~o-J' \ ~ SIUiL ~ DISAPPROJe -y~ ...r:f.o 1 ~ :"\' J,~",:"" 'l "'"v t~' ~ ~ a \Y' " ,II/ \ OU~I"~"'{, ",,, "1/ P;i f' \\\\ I1IIHJ:l ~pHl\\ . ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW