Bartletta AZ-10-002 PP-10-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIZ IAN
~J
In the Matter of the Request for Annexation of 5.94 Acres and Preliminary Plat Consisting
of Two (2) Single-Family Residential Building Lots and Two (2) Common Lots in the R-2 -
Zoning District on 5.80 Acres, for Barletta Subdivision, by Russell Hunemiller.
Case No(s). AZ-10-002 and PP-10-002
For the City Council Hearing Date of: November 3, 2010 (Findings on the November 16,
2010 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 3, 2010
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 3, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 3, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 3, 2010, 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-002 and PP-10-002
-1-
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Exhibit Map, Development
Agreement, the Preliminary Plat and the Conditions of Approval all in the attached Staff
Report for the hearing date of November 3, 2010, incorporated by reference. The
conditions are concluded to be 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
~. The applicant's Preliminary Plat as evidenced by having submitted the
Preliminary Plat dated o~/2z/io as shown in Exhibit A of the attached Staff
Report for the hearing date of November 3, 2010, incorporated by reference, is
hereby conditionally approved;
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
November 3, 2010, incorporated by reference.
3. The applicant's Annexation as evidenced by having submitted the legal
description and exhibit map stamped and dated July 26, 2oio by D. Terry
Peugh, PLS, is hereby conditionally approved; and
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 3, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-002 and PP-10-002
-2-
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, may be considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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 maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval 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.
F. Attached: Staff Report for the hearing date of November 3, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-002 and PP-10-002
-3-
/" -
By action of the City Council at its regular meeting held on the CO day of
2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED__~
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
.,
.~'~~~'~ OF AA al ~~~~
G~
` \~,DA~ o or'
Attest: SEAL =
~~o `=
~% 7-'
.`
a e Ho an, City Cle'rl~,, OUfVT`! . ~~~~~~~~\`
~~~~~~rrn ~;~~~~~~~
VOTED
VOTED__ l~
VOTED~p~
VOTED ~~
de Weerd
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
B Dated: ~ l~ 1 `1 ~. 6 t c~
't Cle k s
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-10-002 and PP-10-002
-4-