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P P 05-032
MERIDIAN PLANNING 8~ ZONING MEETING
APPLICANT Landworks, LLC
October 20, 2005
ITEM NO. 3~6
REQUEST Findings of Fact and Conclusions of Law for Denial -Preliminary Plat approval
of 21 single-family residential building lots and 7 common area lots on 2.91 acres in a
proposed R-8 zone for Banff Subdivision - 675 South Linder Road
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
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OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Banff Subdivision, a request for Preliminary Plat approval of Sixteen
Single Family Residential Lots and Seven Other Lots, by Conger Management Group,
Landworks LLC.
Case No(s). PP-OS-032
For the Planning Commission Hearing Date of: October 06, 2005
A. Findings of Fact
1. Hearing Facts (see attached Staff Report)
2. Process Facts (see attached Staff Report)
3. Application and Property Facts (see attached Staff Report)
4. Required Findings per Zoning and Subdivision Ordinance (see attached Staff Report)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The City of Meridian takes judicial notice of its Zoning, Subdivision and Development
Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning
maps thereof. The City of Meridian has, by ordinance, established the Impact Area and
the Amended Comprehensive Plan of the City of Meridian, which was adopted August
6, 2002, Resolution No. 02-382 and Maps.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has granted an order of denial in accordance with this Decision, which
shall be signed by the Chairman of the Planning Commission and then a copy served by
the Clerk upon the applicant, the Planning and Zoning Department, the Public Works
Department and any affected party requesting notice.
5. That this denial is subject to the Preliminary Plat dated September 16, 2005 in the
attached Staff Report.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-OS-032 -PAGE 1 of 2
Pursuant to the Planning Commission authority as provided in Meridian City Code § 12-3-3
and based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated September 15, 2005 is hereby denied.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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.
2. Please take notice that this is a final action of the governing body of the 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 the issuance or denial of
the conditional use permit approval 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.
F. Exhibit A: Staff Report
By action of the City of Meridian Planning Commission at its regular meeting held on the
20'x'` day of __ OC}O bcr , 2005.
PLANNING COMMISSION CHAIR, DAVID ZAREMBA
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David Zaremb
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Attest: .~~.~'~ ~ ~%.
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William G. Berg, Jr., City Clerk - .~
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Copy served upon Applicant, The Planning, I g ~~iartment, Public Works Department
and City Attorney.
B Dated: ~~- 2,~j-05
Crty Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-OS-032 -PAGE 2 of 2
•
October 28, 2005
MERIDIAN CITY COUNCIL MEETING
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AP 05-003
November 1,2005
APPLICANT Landworks, LLC ITEM NO. ~ O
REQUEST Request for an Appeal of the Planning and Zoning Commission's Denial
of Banff Subdivision Preliminary Plat -- 675 South Linder Road
AGENCY
CITY CLERK:
-CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached P>3~Z Commission Minutes
See attached PP Findings for Denial
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Contacted: ,F~~„~..Q: -yyl ~,~1,..,~•~„, Date: `O .3~ 4.~ Phone:
Emailed: ~/-1CKinn~n (®, CongPr9 UO A. COn1, Staff Ini ials:
Materials presented at public meetings shall become properly of the City of Meridian.
December 2, 2005
MERIDIAN CITY COUNCIL MEETING December 6, 2005
APPLICANT Landworks, LLC ITEM NO. S
REQUEST Request for Reconsideration of Banff Subdivision Annexation and Zoning,
Preliminary Plat, and CUP Applications:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT: f
CITY SEWER DEPT: `~
CITY PARKS DEPT: P
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
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OTHER: ~~ C10 A JV ~~Q
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.