HomeMy WebLinkAboutLeeshire Subdivision CUP-04-026
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT FOR)
A MIXED USE PLANNED )
DEVELOPMENT OF SINGLE-F AMIL Y )
HOMES, OFFICE AND COMMERCIAL)
USES ON 29.69 ACRES IN A PROPOSED)
R-4, L-O AND C-N ZONES FOR )
LEESHIRE SUBDNISION )
)
)
)
)
SWI ASSOCIATES, LLC,
APPLICANT
C/C 09-07-04
CASE NO. CUP-04-026
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF CONDITIONAL
USE PERMIT
The above entitled matter coming on regularly for public hearing before the City Council
on September 7,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the City Council takesjudiciaI notice of its action of the denial of the
application for annexation and zoning in Case No. AZ-04-017, and the hearing was opened on
the conditional use permit application and Anna Powell Planning Director for the Planning and
Zoning Department, Shawn Nickel, Barry Tepalo, Dan Battazzo, Brad Alvaro, Rick Hansen,
Mark Miller, Sally Adkin, Grant Lee, Darwin Porter, Susan Porter, Bill Wiser, Dale O'Brien,
Susan Rammel, Kent Boardman, Jeff Papke, Lori Lewis, Elizabeth Miller, Jake Centers, Mauri
Lewis, Jerry Peterson and Ed Buckley, testified at the hearing, and the City Council based upon
its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-04-017
does hereby deny the application for conditional use permit approval.
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRE SUBDNISION CUP 04-026
Page lof4
1.
It is found that the Recommendation To City Council ofthe Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
conditional use permit due to the denial of the annexation and zoning in Case No. AZ-04-017
due to the following:
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the design of the
proposed development and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design of the proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
Meridian.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of
the annexation and zoning in Case No. AZ-04-017 the Council does hereby deny the application
for conditional use permit approval for the following reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026
Page 20f4
1.
That the application for annexation is denied for the following reasons:
A.
The proposed uses for the proposed development, the design of the
proposed development and its conformity in relation to neighboring developments are not
compatible with the Meridian Comprehensive Plan.
B.
The zoning and design of the proposed development being sought are not
compatible with the Meridian Comprehensive Plan.
C.
The request for office space is not compatible with the Meridian
Comprehensive Plan or ordinances in regards to use exceptions.
D.
The proposed development is not in the best interests of the City of
Meridian.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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.
Please take notice that this is a final action ofthe 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 may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRE SUBDIVISION CUP 04-026
Page 30f4
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 12~ay of
By: ~h1} Å ~
City Clerk's Office
Dated:
¡O-2E;-O4-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF CONDITIONAL
USE PERMIT FOR LEESHIRE SUBDNISION CUP 04-026
Page 40f4