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Kingsbridge RZ-11-003 MDA-11-006CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER <:_ "1,.' In the Matter of Rezone and Development Agreement Modification for Kingsbridge Subdivision, Located on the east side of S. Eagle Road midway behveen E. Victory Road and E. Amity Road, by Boise Hunter Homes. Case No(s). RZ-11-003 and MDA-11-006 For the City Council Hearing Date of: November 1, 2011 (Findings on November 1, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 1, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 1, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 1, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 1, 2011, 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 (LC. §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 ar•dinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-003 and MDA-11-006 -1- 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 Conditions of Approval all in the attached Staff Report for the hearing date of November 1, 2011, 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: 1. The applicant's request for Rezone and a development Agreement Modification is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 1, 2011, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Dm•ation The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, arty affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 1, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-003 and MDA-11-006 -2- B action of the Ci Council at its re ular meetin held on the ISM' da of , Y tY ~ ~ Y 2011. COUNCIL PRESIDENT DAVID ZAREMBA VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED 2S COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ ~'S COUNCIL MEMBER KEITH BIRD VOTED_ ~~~ __-- MAYORTAMMY de WEERD VOTED (TIE BREAKER) p,~pxBDgU~ ~~~' ~ "~ ZA ~~~~ q Attest: o~ Us~~ ~-tty C®etN4~~. ~'i2c~; ID~~' ~G '~,~ ,~ rr. D ~' qty oE_ ~ Jayce~Iol r ~! Cit~~(~~--•=~',~ w ~~~~ a~~y cf~~r TR~AS~~6 Copy served upon pp scant, The Planning Department, Public Works Department and City Attorney. By: Dated: ~ t• ~ p• ~ y City 1 rk's 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-003 and MDA-11-006 -3-