Kingsbridge RZ-11-003 MDA-11-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
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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
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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
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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_ ~~~
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MAYORTAMMY de WEERD VOTED
(TIE BREAKER)
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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
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