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HomeMy WebLinkAboutGrace at Fairview Lakes CUP CITY OF MERIDIAN ßNDINGSOFFACT,CONCLUæONSOF LAW AND DECISION It ORDER ..,.,~ mviV 1tI. . cfrcridzíin ' .~ '\~ '& '- .,-. J T~~4 In the Matter of Grace at Fainiew Lakes Assisted Living CeDter, a Conditional Use Permit to change the use from independent senior living to a 38 multi-unit assisted living building. Case No(s). CUP-OS-055 For the Planning &: Zoning Commission Hearing Date of: Jaauary 19, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 19, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 19.2006 mcorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 19,2006 mcorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 19,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use P1Ann'¡"S Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has. by orilimmce, 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § lI-5A. CITY OF MERIDIAN FINDJNGS OF FACT, CONCLUSIONS OF LAW AND DECISION it ORDER CASE NO(S). cup.oS-OSS. PAGE 1 of4 --.-- 4. Due consideration has been given to the comment(s) received. from the governmental subdivisions providing services in the City of Meridian planningjwisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Commission Chair and City Clerk and then a copy served by the Clerk upon the applican.t. the Planning Department, the Public Works Depar1ment and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan and the Conditions of Approval all in the attached Staff Report for the hearing date of January I9,2006incorporated by reference. The conditions are concluded to be reasonable and the: applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § II-5A and based upon the above and foregoing Findings of Fact which are herein adopted. it is hereby ordered that: I. The applicant s CUP Site Plan as evidenced by having submitted the Site Plan dated August 16, 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 19, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as pennitted in accord with the conditions of approval. satisfY the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be construçted within successive intervals of One (1 ) year from the original date of approval. If the successive phases a1'e not submitted within the one (I) year interval, 1he conditional approval of the f'utu.re phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.l, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CTIY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF lAW AND DECISION &. ORDER CASE NO(S). CUP-Os..o,s - PAGE 2 of4 E. time extensions up to eighteen (18) months as detennined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title II. Notice afFinal Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67..80037 a denial of a plat or conditional use pennit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty--eigbt (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 ajudiciaI review as provided by Chapter 52, Title 67, Idaho Code. Attached: Sta:ffReport for the hearing date of January 19,2006 F. By action of the Planning &, Zoning Commission at its regular meeting held on the J q-th day of ~ 2006. COMMISSIONER DAVID ZAREMBA VOTED ~ COMMISSIONER DAVID MOE VOTED ~ COMMISSIONER WENDY NEWTON-lIDCKABA Y VOTED~ COMMISSIONER KEITH BORUP VOTED ~ COMMISSIONER MICHAEL ROHM VOTED Ul ~ (CHAIR). ~ . CHAIRMAN MICHAEL ROHM CITY OF MERIDIAN FINDJNGS OF FACT, CONCLUSIONS OF LAW AND DECISION &: ORDER CASE NQfS), CUP-O5-OSS - PAGE 3 of 4