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Home My WebLink About W.H. Moore, Co CUP-06-027 / CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~-:.:J~ . oU'e;:;d/;~--'";; '\ ID,\HO J :e. ~ ,';.'o~ In the Matter of a Conditional Use Permit Request for a 52,000 square foot retail building in the C-G Zone, by W.H. Moore, Co. Case No. CUP-06-027 For the Planning & Zoning Commission Hearing Date of: August 17 ~ 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 17, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 17, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 17,2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 17,2006, 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. ~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 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 II-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. CUP-06-027 - PAGE 1 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 all in the attached Staff Report for the hearing date of April 20, 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 ~ II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan and Landscape Plan, dated July 11, 2006, and Elevations, dated July 12,2006, is/are 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 August 17, 2006, incorporated by reference. D. Notice of Applicable Time Limits I. 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 pelmitted 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. If the successive phases are not submitted within the 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 (I) 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 CITY OFMERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP-06-027 - PAGE 2 of 4 require the conditional use comply with the CUlTent 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 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-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 ~ 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 August 18,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP.06-027 - PAGE 3 of 4 By action of the Planning & Zoning Commission at its regular meeting held on the day of ...4ucru H , 2006. I V{ --ft-; COMMISSIONER MICHAEL ROHM (Chair) VOTED liJ!a VOTED~ COMMISSIONER DAVID MOE COMMISSIONER WENDY NEWTON-HUCKABAY VOTED i A h SWvf COMMISSIONER KEITH BORUP VOTED~bU COMMISSIONER DAVID ZAREMBA VOTED 11tt-v \\\\1111111('1 \\\\ IIII '\ '\ \..J Of f>..lfE!:r:f Ii / ,,\ .;{""\ ~"'. /// ......... r~' if.'4 ~ Attest: ./ v ~.,p0R.<Jh '~t.-/S ~ ~ (';0-;' ~ ~ - ~ ~ - J} h CVlll/l !],m cJtu ~ ?~~~L 0) := Tara Green, Deputy City Clerk ~ 1': vt,;''J' ~6 ...f? .? -.:./ (') ~{j'11S\ ' .J;> ~ .............. .~ -~~;,....'\. ......::::- ~"O(") ~I;.~v" ............ /~".f", \....."Ur~iT~~( I T~ "...\,-"", Copy served upon Applicant, The Planning'Departrtieht, Public Works Department and City ,\11' '.\ \I ill! '111ft!, '\"\\\\~J OF T/!/f", ........ ,d -;. _ -'"I'.- .:;.' r).,\ <~--""'_ lt~ '/<;......-' .:;. ~- ?/"'C~1h'!.<);~,-'1 -." ~ ~"{'iS- ''''', J! ~ I .,G ''1/''. ''\ '>, :::: 0:" '0. \ ';.. By. !ty~~~ \'tr, BEA~;j' !-n-ow -:.-. 17 '\. '"'-~Gb.. '\'~ /,1 ,,:""' ...-..,. 't? '''''.... G T 1<;''''-':''/ . ~ ,........"'/ .J-~1 r"I. -.--....-----....::::.....-',' . ... ~,,-., .......... ~ ~'r' // ~......'c).} !/\ ~~'Y' /ll11 . l..t',j t " t ( , ! I i f ~ '. '- ; Attorney. ',' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP-06-027 -PAGE 4 of4