HomeMy WebLinkAboutPortico Place Subdivision Denial
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY PLAT
FOR APPROVAL OF 26 SINGLE
F AMIL Y RESIDENTIAL LOTS AND
3 COMMON/OTHER LOTS ON 5.17 ACRES
FOR PORTICO PLACE SUBDIVISION
PORTICO, LLC
APPLICANT
C/C 01/23/07
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Case No. PP 06-053
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
DECISION AND ORDER
DENIAL
The above entitled matter having come on for public hearing before the City
Council on January 23,2007, 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-06-052
and the hearing was opened on the preliminary plat application. Anna Canning, City
Planning and Zoning Director for the Planning and Zoning Department, and Ron Sargent
of Portico, 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-06-052 does
hereby deny the application for preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR PORTICO PLACE SUBDIVISION; CASE NO. PP-06-053
PAGE 10F3
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 ofthe annexation and zoning in Case No. AZ-06-052.
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-06-052 the City 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF PRELIMINARY PLAT FOR PORTICO PLACE SUBDIVISION; CASE NO. PP-06-053
PAGE 2 OF 3
Please take notice that this is a [mal action ofthe 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 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
February, 2007.
MAYORTAMMYdeWEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, Planning 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 PORTICO PLACE SUBDIVISION; CASE NO. PP-06-053
PAGE 3 OF 3