HomeMy WebLinkAboutYoung American Early Care and Education Center CUP-05-056
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Conditional Use Permit for a Day Care Center on 0.58 Acres in the C-N
District, by Young America Early Care and Education Center, Inc.
Case No(s).: CUP-OS-OS6
For the Planning & Zoning Commission Hearing Date of: January 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
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
19, 2006 incorporated 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
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67-6503).
2. The Meridian City Council 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 ordinance, 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 S
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-05-056 - PAGE I of 4
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 applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan and the Conditions of Approval in the
attached Staff Report for the hearing date of January 19, 2006 incorporated 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 S 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 2,
2005 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. Condition 1.5 should read: "The hours of operation for this business shall be
limited from 6:00 a.m. to 10:00 p.m., Monday through Saturday."
b. Condition 3.19 should read: "A fire sprinkler system may be required for this
occupancy. Contact the Fire Marshall at 888-1234 for more details."
3. 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 permitted 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 conditional 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 constructed within successive intervals of one (1) year
from the original date of approvaL Ifthe successive phases are not submitted within the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-05-056 - PAGE 2 of 4
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-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
time extensions up to eighteen (18) months as determined 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 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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-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.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of January 19, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-05-056 - PAGE 3 of 4
By action ofthe Planning & Zoning Conunission at its regular meeting held on the ;;) rJ
day of frbyll 0 n~ ' 2006.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED lA{ (L,
COMMISSIONER DAVID MOE
VOTED ~ ~Q Q
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED 1\-bSt11.b
COMMISSIONER KEITH BORUP
VOTED \ ~
COMMISSIONER DAVID ZAREMBA
VOTED ~
At~est:
~J1UJJvv
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
Dated:
d-' J- ~ 0"-0
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-05-056 - PAGE 4 of 4