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 )
)
)
)
)
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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