HomeMy WebLinkAboutCompass Charter School MI -05-005
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CITY OF MERIDIAN
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND
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"---. In the Matter of Request for a Misêenane-C:HIS Application for Temporary Approval to
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Public Charter School. --~--------
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---_.5-=___/-For the City Council Heating Date of: June 21, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the June 21,2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report, it is hereby
verified that the property owner of record at the time of issuance of these findings is
Cherry Lane Christian Church, Inc.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-O5-005 - PAGE 1 on
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).
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2. The Mefroiap City Council takes judicial notice of its Zoning, Subdivision and
DevelopmenLQr~i!1~!!c-,?S codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereoL_Iþ.e City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
- _..1\døpted August 6, 2002, Resolution No. 02-382 and Maps.
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3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk 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.
6. That this approval is subject to the Conditions of Approval in Exhibit A. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 1-2-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Miscellaneous Application request, as evidenced by having submitted
the application dated May 17, 2005 (File No. MI-05-005), is hereby conditionally
approved as follows:
a. Comply with the conditions of approval in Exhibit A (as modified by City
Council at their June 21, 2005 public hearing).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-O5-005 - PAGE 2 on
Exhibits
Exhibit A: Site Specific Conditions of Approval
By action -~ftl1e-Gity Council at its regular meeting held on the ~ day of
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COUNCIL MEMBER SHAUN WARDLE
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VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED u¡ ~J
COUNCIL MEMBER KEITH BIRD
VOTED tf (k )
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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and City Attorney.
B~l-i-
City Clerk's Office
Dated: l 0 - :J q -OC;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-O5-005 - PAGE 3 of 3