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Packard Estates Order Remanding BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST TO REMOVE CERTAIN PARCELS FROM THE CITY OF MERIDIAN'S AREA OF IMPACT FOR THE PROPOSED DUNBAR ESTATES SUBDIVISION IN AN RUT ZONE LOCATED ON THE SOUTH SIDE OF USTICK ROAD, WEST OF CLOVERDALE ROAD, MERIDIAN, IDAHO BY: PACKARD ESTATES DEV., LLC, C/C 01-07-03 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-011 ORDER GRANTING REMAND TO PLANNING AND ZONING This matter having come before the City Council on January 7, 2003, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having received the Recommendations from Planning and Zoning, correspondence from James G. Reid, attorney for Jim V. and Erma Jean Mittleider - owners ofthe real property located at 4075 Granger Street - Tax Parcel R5713501750 (approximately 5 acres in size), and Brad Hawkins- Clark Interim Director for the Planning and Zoning Department, Gary Smith - Public Works Director, Becky Bowcutt, Elvina Grant, Susan Cole, Virgil Schmitzger, Rosemary Wood, Mark Stokes, Allan Dirkheimer, Craig Groves, and Meridian Fire Chief Kenny Bowers, appeared and testified, and due to the issues of serviceability ofthe sewer and water to the property from Meridian, and issues over police and fire protection for this area, and being fully advised in the premises issues the following Decision and Order. ORDER GRANTING REMAND TO PLANNING AND ZONING MI-02-011 1 DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testimony, and issues of serviceability of the sewer and water to the property from Meridian, and issues over police and fire protection for this area, IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based upon the grounds there are issues over the serviceability of the sewer and water to the property from Meridian, and issues over police and fire protection for this area which need to be assessed and the information compiled on these Issues. 2. This matter is remanded back to the Planning and Zoning Commission for further action in accordance with this decision. NOTICE OF FINAL ACTION Please take notice that this a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the remand of the matter 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 21 ~ day of J~o/,2003. ..., ROLL CALL: COUNCILMAN BIRD Voted ~ COUNCILWOMAN deWEERD Voted~ ORDER GRANTING REMAND TO PLANNING AND ZONING MI-02-011 2 COUNCILWOMAN McCANDLESS COUNCILMAN NARY Voted~<-- Voted$te- MAYOR ROBERT D. CORRIE (Tie Breaker) DATED: I~ Z/-tJ;J MOTION: Voted DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department d th C. A \,lt1111H'", an e Ity ttorney. ""' OF Mf:r!.tJ1J1 ", ... ~ tIn. III "", "'\' ~ of.... /' () -"-cPf\PO'Vlr"'."11- \ '~ ~ ~ Dated: - V-tl J f 1 BY~~~ I Y Clerk Z:\Work\M\Meridian\Meridian 15360M\Packard Estates Remand PZ MI-02-011\Orderto Remand back to P & Z MI-02-011.doc ORDER GRANTING REMAND TO PLANNING AND ZONING MI-02-011 3