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Silver Oaks Subdivision CUP 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 MULTI-FAMILY) HOMES AND COMMERICAL USES ) ON 28.65 ACRES IN A PROPOSED ) R-15 AND L-O ZONES FOR ) SILVER OAKS SUBDIVISION ) ) ) ) ) ) CHARTER BUILDERS, INC APPLICANT C/C 07-26-05 Case No. CUP-05-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter having come on for public hearing before the City Council on July 26,2005, at the hour of7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-05-016, and the hearing was opened on the conditional use permit application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, Dave McKinnon appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. AZ-05-016 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval ofthe conditional use permit due to the denial of the annexation and zoning in Case No. AZ-05-016. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR SILVER OAKS SUBDIVISION; CASE NO. CUP-O5-024 PAGE 1 OF 3 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-05-016 the Council does hereby deny the application for conditional use permit. 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 of the governing body ofthe 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 Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the - day of August, 2005. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR SILVER OAKS SUBDIVISION; CASE NO. CUP-O5-024 PAGE 2 OF 3 MAYOR TAMMY de WEERD ATTEST: CITY CLERK Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR SILVER OAKS SUBDIVISION; CASE NO. CUP-O5-024 PAGE 3 OF 3