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HomeMy WebLinkAboutHampton Inn Hotel CUP 01-044BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-26-02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A 92 ROOM HOTEL AND ONE SINGLE STORY OFFICE BUILDING AND ONE TWO STORY OFFICE BUILDING IN A C-G ZONE FOR HAMPTON INN HOTEL, LOCATED AT THE SOUTHWEST CORNER OF ALLEN STREET AND GENTRY WAY, MERIDIAN, IDAHO MERIDIAN HAMPTON CENTER, LLC, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-044 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 5, 2002, and continued until March 26, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Wes Steele, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-044) 1 Zoning Commission who conducted a public hearing and the Council having heard and taken oral and writ'ten testimony, and having duly considered the marter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weelcs prior to the said public hearing scheduled for March 5, 2002 and continued until March 26, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration nmre than fifteen (15) days prior to said hearing and with the notice of public heating having been posted upon the property under consideration more than one week before said hearing and the copies of all notices rvere made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 5, 2002 and continued until March 26, 2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 2 2. 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. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of Allen Street and Gentry Way, Meridian, Idaho. 5. The owner of record of the subject property is John and Alberta Sonntag of Boise, Idaho. 6. Applicant is Meridian Hampton Center, LLC of Sparks, NV. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of one 92 room Hampton Inn Hotel, one single story office building and one 2-story office building. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 3 obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The applicant shall provide ACHD xvith a copy of a recorded cross access easement for the use of the common driveways and parMng lots. The applicant shall be responsible for obtaining a separate sign permit for each sign. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases will lapse after that time unless a time extension is granted by the Council (MCC12-6-8). All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roa&vays. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 5 10. 11. 12. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. Am operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. 14.¸ I5. I6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet L1.0). Adopt the Recommendations of the ACHD as follows: Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-044) 6 Construct curb, gutter, 5-foot wide concrete sidewalls and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. Any existing irrigation facilities should be relocated outside of the right-of-~vay. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Alien Street. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required ~vidth of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01~044 7 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all of ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire,flow consistent with the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within 500' of the project on the construction drawings. 2. Acceptance Of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius. 5. The roadways shall be built to ACHD standards. 6. The vertical clearance for the covered loading area shall be 13' 6". Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendations of the Central District Health Deparunent as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 8 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to ground~vater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting as follows: The signage package shall meet the Meridian City Code, and shall also specifically address where the sign is intended to be located to the free~vay, and shall clarify the placement of the monument signs that are proposed. 13. The proposed uses within the subject application ~vill be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 9 be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. It is found that the height of the Hampton Inn Hotel, if ~neasured from adjacent grade to the top of the building is slightly taller (approxi~nately 45'6") than the maximum 40' height allowed in the C-G zone. The City defines building height of mansard roof structures, like the hotel, as the vertical distance measured from the grade of the front of the building to the deck line of a mansard roof. The deck line of the hotel roof is 39' and is hereby in conformance with Meridian City Code. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 10 any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XiI, Chapter I, Meridian City Code. B. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions Of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 11 and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the follo~ving standards are met and that the proposed development: (Meridian City Code § 11-17- 3) A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this Ordinance; B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic ~velfare of the community; G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 12 H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail And Service Commercial District (C-G), a public hearing shall be conducted ~vith notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the extemal boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, ~vhich provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one punic hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public heating the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 13 Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may i~npose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Reqtfire the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, lanuary 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 14 1. That the above named applicant is granted a conditional use permit for development of one 92 room Hampton Inn Hotel, one single story office building and one 2-story office building in a C-G zone located at the south~vest corner of Allen Street and Gentry Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The applicant shall provide ACHD with a copy of a recorded cross access easement for the use of the common driveways and parldng lots. The applicant shall be responsible for obtaining a separate sign permit for each sign. ,¸ All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy, or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. .¸ Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed ~vithin 5 years of the date of approval; approval of any un- initiated phases will lapse after that time unless a time extension is granted by tire Council (MCC12-6-8). All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 15 10. 11. 12. 13. 15. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roadways. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. Any existing domestic wells and/or septic systems ,vithin this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with An~ericans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for indusion in the CC&R's of the subdivision. Outside lighting shall be designed and placed so as not to direct fllumination on any nearby residential areas and in accordance with City Ordinance. Ail signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 16. Ail construction shall conform to the requirements of the Anxericans with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 16 Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet L1.0). Adopt the Recommendations of the ACHD as follows: Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The o~vner will not be compensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; Proposed driveway # 1 is located on Allen Street approximately 30-£eet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 17 and to a point 30-feet beyond the edge of pavement of Allen Street. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved ~vith this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. Proposed drive~vay #3 is located on Freeway Drive approximately 150-feet from the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. .¸ Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all of ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Meridian Fire Department Recommendations as follows: A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within 500' of the project on the construction drawings. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius. The roadways shall be built to ACHD standards. The vertical clearance for the covered loading area shall be 13' 6". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-044) 18 Adopt the Recomnrendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply ~vith Idaho Code §31-3805. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. .¸ The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follo~vs: Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. Additionally, comply with the action of the City Council tal, en at their March 26, 2002 meeting as follows: The signage package shall meet the Meridian City Code, and shall also specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 2. The conditions shall be revie~vable by the Council pursuant to Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 19 City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. NOTICE OF FINAL ACTION 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 revie~v as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of /~ ,2002. ROLL CALL: COUNCILMAN BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 20 COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED_~~t-- VOTED~~ VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: \L204.229.127,194\SERVERZ~¥Vor k~Vl~leridianVVle~dian PFP01-010~FfClsCUP01- 044.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-044) 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/26/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A 92 ROOM HOTEL AND ONE SINGLE STORY OFFICE BUILDING AND ONE TWO STORY OFFICE BUILDING IN A C-G ZONE FOR HAMPTON INN HOTEL, LOCATED AT THE SOUTHWEST CORNER OF ALLEN STREET AND GENTRY WAY, MERIDIAN, IDAHO MERIDIAN HAMPTON CENTER, LLC, APPLICANT Case No. CUP-01-044 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 26th day of March, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a 92 room hotel and one single story office building and one two story office building ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 -1 in a C-G zone located at the southwest comer of Allen Street and Gentry Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall provide ACHD with a copy of a recorded cross access easement for the use of the common drive~vays and parking lots. 2. The applicant shall be responsible for obtaining a separate sign permit for each sign. 3. All conditions placed on this application shall mn with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of an), or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 4. Initiation of work on the plaxmed development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un-initiated phases will lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. 6. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roadways. 7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERiDAN HAMPTON CENTER, LLC / CUP-01-044 -2 Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test restflts must be submitted to the Meridian Building Department for all lots receiving engineered baclffill. 10. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&_R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet L1.0). Adopt the Recommendations of the ACHD as follows: Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 -3 whichever occurs first. The owner will not be compensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Alien Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel, hnprovements shall be constructed to one-half of a 40-foot street section. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. The applicant is proposing two driveways on Alien Street and one driveway on Freeway Drive; Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. Proposed driveway #3 is located on Freeway Drive approximately 150-feet frmn ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 -4 the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. 9. Other than the access point(s) specifically approved w~th this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all of ACHD's Standard Requirements listed in their report dated January 18, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within 500' of the project on the construction drawings. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius. 5. The roadways shall be built to ACHD standards. 6. The vertical clearance for the covered loading area shall be 13' 6". Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all murdcipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho ORDER CONDITIONAL USE PERMIT - 5 PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 Code §31-3805. Adopt the Recommendations of the Central District Health Department as follo~vs: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting as follows: The signage package shall meet the Meridian City Code, and shall also specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 -6 without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ~/~t"g/ ,2002. R~rt DSCorrie, Mayor City o~Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: Z:\Work~M~Vleridian~Meridian 15360IV~Hampton Inn CUPOD044 PFP01-010\Orde~CUP01-044.~ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-OI-044 -7