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HomeMy WebLinkAboutCastle Rock PUD 07-001BEFORE THE MERIDIAN CITY COUNCIL C/C 04/22/08 IN THE MATTER OF THE REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR DEVIATIONS FROM DISTRICT REQUIREMENTS TO PROVIDE AN OPPORTUNITY FOR EXEMPLARY SITE DEVELOPMENT FOR CASTLE ROCK BY: PROVIDENCE DEVELOPMENT APPLICANT Case No. PUD 07-001 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 April 15, 2008, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East ldaho Avenue, Meridian, ldaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-07-016 and the hearing was opened on the Planned Unit Development application. Anna Canning, City Planning and Zoning Director for the Planning and Zoning Department, and Gerry Armstrong on behalf of Providence Development, 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-07-016 does hereby deny the application for Planned Unit Development approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PLANNED UNIT DEVELOPMENT FOR CASTLE ROCK SUBDIVISION, CASE NO. PUD-07-001 PAGE 1 OF 3 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 Planned Unit Development due to the denial of the annexation and zoning in Case No. AZ-07-016. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 11-SA-6 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HERESY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-07-016 the Council does hereby deny the application for Planned Unit Development 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 ANp CONCLUSIONS OF LAW AND DECISION ANp ORDER OF DENIAL OF PLANNED UNIT DEVELOPMENT FOR CASTLE ROCK SUBDIVISION: CASE NO. PUD-07-001 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 §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 of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. .•~ -7 By action of the City Council at its regular meeting held on the ! ~- day of April, 2008. ~~ MAYOR T MY de WEERD ATTEST: '. ~` ~ ~ y' o BEAL CITY CLERK ~ ~~ " yti Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~ Dated: -1"~D~g City Clerk's Of lce FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANp ORDER OF DENIAL OF PLANNED UNIT DEVELOPMENT FOR CASTLE ROCK SUBDNISION; CASE NO. PUD-07-001 PAGE 3 OF 3