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Home My WebLink AboutFFCL - Verona Live-Work CUP (H-2021-0080) V1(E IDI� IAN,�- APPROVED DATE 03/18/22 FILE NUMBER: "-�1-0M CITY OF MERIDIAN GS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E Iil.,.; M-. , HO In the Matter of the Request for Conditional Use Permit for 14 vertically integrated residential units within three (3) buildings on 1.75 acres in the L-O zoning district, located at 3020 and 3042 W. Milano Drive, by JUB Engineers, Inc. Case No(s). H-2021-0080 For the Planning & Zoning Commission Hearing Date of. March 3, 2022 (Findings on March 17, 2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 3, 2022, incorporated by reference) Process Facts (see attached Staff Report for the hearing date of March 3, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 3, 2022, 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 (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 ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 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. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Verona Live/Work (H-2021-0080) Page 1 (E IDI� IAN,<- APPROVED pon the applicant, the Planning Department, the Public Works Department and any affected DATE: 03/18/22 arty requesting notice. FILE NUMBER: -0oao hat this approval is subject to the conditions of approval in the attached staff report for the hearing date of March 3, 2022, 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 § 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 request for a Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of March 3, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years 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. Judicial Review Pursuant to Idaho Code § 67-652 1 (1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1 (1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1 (1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Verona Live/Work (H-2021-0080) Page 2 APPROVED hed: Staff Report for the hearing date of March 3, 2022. DAT 03/18/22 SCE %U61 B: R' H-2021-0- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Verona Live/Work (H-2021-0080) Page 3 �E IDIAN� IDANO APPROVED of the Planning & Zoning Commission at its regular meeting held on the day of DAX. 03/18/22 , 2022. RENLNKP.-ozv WD COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER NICK GROVE, VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MARIA LORCHER VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman Attest: Chris Johnson, City Clerk Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Verona Live/Work (H-2021-0080) Page 4