HomeMy WebLinkAboutOverland Village VACBEFORE THE MERIDIAN CITY COUNCIL
C/C 09/02/08
IN THE MATTER OF THE
REQUEST TO VACATE EXISTING
RIGHT OF WAY OF SOUTH
RACKHAM LANE, MERIDIAN, ID
BY
Case No. VAC 08-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
RELO DEVLEOPMENT
APPLICANT
The above entitled matter having come on for public hearing before the City
Council on September 2, 2008, at the hour of 7:00 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 of the application for annexation request in Case No. AZ 08-OOl,.and
the hearing was opened on the vacation application and Anna Canning, City Planning and
Zoning Administrator for the Planning and Zoning Department, and Gary Allen appeared
and testified on behalf of Cameron Investments, assignee of Relo Development, and the
City Council based upon its Findings of Fact and Conclusions of Law, and Decision and
Order in Case No. AZ 08-001 and does hereby deny the application for Vacation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF VACATION -OVERLAND VILLAGE; CASE NO. VAC 08-001
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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
vacation due to the denial of the annexation request in Case No.AZ 08-001.
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 HEREBY ORDERED AND THIS DOES ORDER, that based upon the
denial of the annexation request in Case No. AZ 08-001 the Council does hereby deny the
application for vacation.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAI~NGS 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 maybe filed.
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 maybe adversely affected by this decision may, within
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF VACATION -OVERLAND VILLAGE; CASE NO. VAC 08-001
PAGE 2 OF 3
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.
By action of the City Council at its regular meeting held on the
September, 2008.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN BRAD HOAGLUN VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN DAVID ZAREMBA VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
DISAPPROVED:
day of
MAYOR TAMMY de WEERD
ATTEST:
JAYCEE L. IIOLMAN, CITY CLERK
Copy served upon Applicant, the Planning and Zoning 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 VACATION -OVERLAND VILLAGE; CASE NO. VAC 08-0O1
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