HomeMy WebLinkAboutCUP 05-039 Irvine Subdivision
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11-15-05
IN THE MATTER OF THE REQUEST ) Case No. CUP 05-039
FOR CONDITIONAL USE PERMIT )
FOR A MIXED-USE PLANNED ) FINDINGS OF FACT AND
DEVELOPMENT FOR IRVINE ) CONCLUSIONS OF LAW AND
SUBDIVISION ) DECISION AND ORDER OF
) DENIAL
DYVER DEVELOPMENT, LLC )
)
APPLICANT )
)
The above entitled matter having come on for public hearing before the City Council on
November 15, 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-05-038, 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, Shawn L. Nickel representing Dyver
Development, LLC 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-05-038 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 of the conditional
use permit due to the denial of the annexation and zoning in Case No. AZ-05-038.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE PERMIT FOR IRVINE SUBDIVISION; CASE NO. CUP-O5-039
PAGE I OF3
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
ofthe annexation and zoning in Case No. AZ-05-038 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 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
Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE PERMIT FOR IRVINE SUBDIVISION; CASE NO. CUP-O5-039
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By action of the City Council at its regular meeting held on the - day of
,2005.
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 IRVINE SUBDIVISION; CASE NO. CUP-O5-039
PAGE 3 OF 3