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HomeMy WebLinkAboutKodiak Subdivision CUP 01-016BEFORE THE MERIDIAN CITY COUNCIL 02-19-02 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) A PLANNED UNIT DEVELOPMENT FOR) A PRIVATE RV STORAGE AND ) REDUCED LOT SIZES IN A ) RESIDENTIAL SUBDIVISION, IN A R-8 ) FOR PROPOSED KODIAK, LOCATED AT 2435 S. MERIDIAN ROAD, MERIDIAN, IDAHO BY KODIAK DEVELOPMENT, LLC CUP-01-016 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 19th day of February, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council talcing judicial notice in Case No. PP-01-016, and Shari Stiles, Planning and Zoning Administrator, Jim Jewett and Matt Schultz, appeared and testified, and the Council having duly considered the matter makes the follo~ving Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY KODIAK DEVELOPMENT, LLC (CUP-01-029) FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance 4*629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order and adopt the Findings of Fact and Conclusions of Law in Case No. PP-01-016, which is the preliminary plat application for the subject property. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that the project does not meet either past or current ordinances for the planned development, and there is only one single access into the proposed project, and the proposed project is not very, compatible with the adjacent Bear Creek Subdivision, and based upon the City Council action of denial of the application for the preliminary plat, CASE NO. PP-01-016, this ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY KODIAK DEVELOPMENT, LLC (CUP-01-029) -2 application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN BIRD VOTED VOTED VOTED~J'~ VOTED VOTED COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4~//{~ ~a~'~ MOTION: ~ APPROVED: DISAPPROVED: Co~v served unon Applicant, the Planning and Zoning Department, Public Department and the City Attorney. City Clerk Z:N~*ork~eddian~eridian 15360~(odiak Sub PP01-016 CU~1-029 V~01-019WFCLOrdC~DemalO~ ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY KODIAK DEVELOPMENT, LLC (CUP-01-029) -3