HomeMy WebLinkAboutBaraya Subdivision PP
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY PLAT )
FOR APPROVAL FOR 406 SINGLE )
F AMIL Y RESIDENTIAL LOTS, )
I OFFICE AND 23 COMMON/OTHER )
LOTS ON 94.05 ACRES )
FOR BARA Y A SUBDIVISION )
)
RMR CONSULTING, INC. )
)
APPLICANT )
)
C/C 07/18/06
Case No. PP 06-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled matter having come on for public hearing before the City
Council on July 18,2006, at the hour of 7:00 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-06-025, and the
hearing was opened on the preliminary plat application and Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department, Matt Schultz of
RMR Consulting, Inc., 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-06-
025 does hereby deny the application for preliminary plat approval.
FfNDfNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMfNARY PLAT FOR BARA Y A SUBDIVISION; CASE NO. PP-06-024
PAGE I OF 3
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
preliminary plat due to the denial of the annexation and zoning in Case No. AZ-06-025.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 11-5A-6 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-06-025 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 S67-8003, 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 S67 -6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision may, within
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMfNARY PLAT FOR BARA Y A SUBDIVISION; CASE NO. PP-06-024
PAGE 2 OF 3
twenty-eight (28) days after the date ofthis 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
October, 2006.
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 PRELIMINARY PLAT FOR BARAYA SUBDIVISION; CASE NO. PP-06-024
PAGE 3 OF 3