The applicant, DeNova Northwest, requests approval to subdivide proposing to subdivide four (4) parcels, totaling 8.77 acres, into 19 lots, where single-family homes will be constructed. The site is located on Weaver Road, across from Rotary Park. The property is zoned R-2.

On January 19, 2016, the preliminary subdivision application was submitted. The Hearing Examiner held an open record public hearing on July 26, 2016, and on August 12, 2016, the Hearing Examiner approved the preliminary subdivision with conditions.

In accordance with the provisions of BIMC 2.16.160 and BIMC 2.16.130, the application for final subdivision is before the City Council for a decision. This is a quasi-judicial matter and a closed record proceeding.

Pursuant to BIMC 2.16.160(H), the Council shall approve the final long subdivision if it determines:

1. That the conditions imposed through the preliminary subdivision have been met;
2. Bonds or other assurance devices, if any, by their essential terms assure completion of all plat improvements; and
3. The requirements of state law, the BIMC, the comprehensive plan, and any other applicable ordinances in effect at the time of preliminary plat approval have been satisfied by the subdivider.

Under BIMC 2.16.130.F, the City Council shall take one of the following actions:

1. Adopt the resolution, including findings of fact and conclusions of law, approving the proposal;
2. Adopt a resolution, including findings of fact and conclusions of law, approving the proposal with conditions;
3. Adopt a resolution, including findings of fact and conclusions of law, denying the proposal;
4. Refer the proposal back to the Hearing Examiner for further proceedings.