HomeMy WebLinkAboutGem Park II CUP 00-052BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/19/01
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
TUSCANY LAKES SUBDIVISION FOR A
PLANNED RESIDENTIAL
DEVELOPMENT, LOCATED AT THE
SOUTH SIDE OF VICTORY ROAD,
EAST OF LOCUST GROVE WEST OF
EAGLE ROAD, MERIDIAN, IDAHO
BY: GEM PARK II DEVELOPMENT,
APPLICANT.
CUP-00-052
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on the yh day of June, 2001 and continued until June 19, 2001, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30
o'clock p.m., and the Council having received the record of this matter from the
Planning and Zoning Commission including the Planning and Zoning Commission's
Recommendation to City Council, and Shaft Stiles, Planning and Zoning
Administrator, and GaO' Smith, Public Works Director, appeared and testified, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP / (CUP-00-052)
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appearing and testifying on behalf of the Applicant was: Kent Brown of Briggs
Engineering, Inc., and appearing and testifying with comments/concerns or in
opposition were: Herman Pullman, Rex Young, Mary DeChambeau, and Greg
Johnson, and the Council having duly considered the matter mai<es the following
Findings of Fact and Conclusions of Law and Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of
Meridian and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994
and Maps.
2. Staff has complied with the requirements of I.C. § 67-6509 and 67-
6512 and §§ 11-2-416 E and 11-2-418 E.
3. The accompanying project for annexation and zoning in Case No. AZ-
00-023 was denied at the City Council meeting held on June 19, 2001, for the
reasons stated within the Findings of Fact and Conclusions of Law denying the
annexation and zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP/(CUP-00-052)
-2
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING,
and specifically due to the fact that the corresponding Case No. AZ-00-023 was
denied at the City Council meeting held on June 19, 2001, for the reasons stated
within the Findings of Fact and Conclusions of Law denying the am~exation and
zoning. This application is therefore denied.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
Dated this ~:~ ~ day of ~7'-'~J~ , 2001.
ROLL CALL:
DECISION OF DENIAL
COUNCILMAN ANDERSON
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP / (CUP-00-052)
-3
MAYOR ROBERT O. coRRIE (TIE BREAKER)
DATED: ~7~- ~.~ ~-~ /
VOTED
MOTION: ~'~
APPROVE~APPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
Z:\WorkVVlVvleridian~Meridian 15360M~Tuscany Lakes Sub AZ-00-023 PP-00-024 CUP-00-052~FFCLOrdCUP055
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY GEM PARK II PARTNERSHIP / (CUP-00-052)
-4