HomeMy WebLinkAboutRegency at River Valley CUP 06-022
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITONAL USE
PERMIT TO CONSTRUCT A
MULTI-FAMILY DEVELOPMENT
CONSISTING OF 204 MULTI-FAMILY
DWELING UNITS (8 24 PLEXES AND
1 12 PLEX) FOR REGENCY AT
RIVER VALLEY
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THE REGENCY AT RIVER VALLEY, LLC)
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APPLICANT
C/C 10/03/06
Case No. CUP 06-022
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 October 3, 2006, 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-06-035,
and the hearing was opened on the conditional use permit application and Anna Canning,
City Planning Director for the Planning Department, Benjamin Clegg of Bach Corp.,
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-06-035 does hereby deny
the application for Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
OF CONDITIONAL USE PERMIT FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. CUP-06-022
PAGE 1 OF,
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 ofthe annexation and zoning in Case No.
AZ-06-03 5.
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 of the annexation and zoning in Case No. AZ-06-035 the City Council does hereby
deny the application for conditional use pennit 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 tiled 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
OF CONDITIONAL USE PERMIT FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. CUP-06-022
PAGE 2 OF 3
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
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.
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By action of the City Council at its regular meeting held on the 17 --day of
October, 2006.
ATTEST:
J~~~9-
CITY CLERK
Copy served upon Applicant, the Planning Department, Public Works Department, and
City Attorney.
By: j()jl" ~j\u..._ _
City Clerk's Office
Dated: to ..~?, ..Olt
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
OF CONDITIONAL USE PERMIT FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. CUP-06-022
PAGE 3 OF 3