HomeMy WebLinkAboutBanff Subdivision PP 05-032 Denial
BEFORE THE MERIDIAN CITY COUNCIL
C/C 11-22-05
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY PLAT)
FOR APPROVAL FOR 21 SINGLE )
F AMIL Y LOTS FOR BANFF )
SUBDIVISION )
)
LANDWORKS, LLC )
)
APPLICANT )
)
Case No. PP 05-032
FINDINGS OF FACT AND
CONCLUSIONS OF LA WAND
DECISION AND ORDER OF
DENIAL
The above entitled matter having come on for public hearing before the City
Council on November 22,2005, 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 ofthe application for annexation and zoning in Case No. AZ-OS-033,
and the hearing was opened on the preliminary plat application and Anna Canning, City
Planning and Zoning Administrator for the Planning and Zoning Department, Dave
McKinnon, Conger Management, Landworks, 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-05-033 does hereby deny the application for preliminary plat approval.
FINDINGS OF FACT
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
preliminary plat due to the denial of the annexation and zoning in Case No. AZ-05-033.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENtAL OF PRELIMINARY PLAT FOR BANFF SUBDIVISION; CASE NO. PP-05-032
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 of the annexation and zoning in Case No. AZ-05-033 the Council does hereby
deny the application for preliminary plat approval.
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 PRELIMINARY PLAT FOR BANFF SUBDIVISION; CASE NO. PP-05-032
PAGE20F3
By action ofthe City Council at its regular meeting held on the 3 ~ay of
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Copy served upon Applicant, thtpiamling' and Zoning Department, Public Works
Department, and City Attorney.
By:
Sh CUI ('(1 Sm~ c.Ji~
City Clerk's Office
Dated: Of - {)~-{)fv
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR BANFF SUBDIVISION; CASE NO. PP-05-032
PAGE30F3