Marriott Courtyard CUP
RECEIVED
JUN 0 2 2005
City Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Date of Recommendation: June 2, 2005
Project Name:
Marriott Courtyard at El Dorado
Case No(s): CUP-05-009
Applicant:
EI Dorado Hotel Partners, LLC
P&Z Commission Hearing Date: May 5, 2005
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
1. In favor:: Billy Rae Strite, BRS
2. In opposition: none
3. Commenting: None.
4. Staff presenting application: Joseph Guenther, Associate Planner
5. Other staff commenting on application: None.
B. Key Issues of Discussion by Commission:
1. Access points
2. Eagle Road Address
C. Key Commission Changes to Staff Recommendation:
None.
D. Outstanding Issue(s) for City Council:
None.
E. CUP Site Plan
I. Site Plan submitted with application (no date)
2. Elevations showing height requested
F. Recommended Conditions of Approval (by Commission, if applicable)
Exhibit C - Conditional Use Permit (City staff)
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of A Request for Conditional Use Permit to amend the planned development ofEI
Dorado Subdivision (CUP 01-037) to allow Lots I and 2 and the southern portion of Lot 9,
Block 5 ofEI Dorado Subdivision a maximum height of fifty-eight (58) feet in a C-C zone, by E\
Dorado Hotel Partners, LLC
Case No(s). CUP-05-018
For the City Council Hearing Date of: June 7, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the May 5, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Oral testimony was received on this matter, as reflected in the records ofthe City
Clerk (for written testimony) and in the official meeting minutes (for oral
testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-018- - PAGE I 014
3. Application and Property Facts
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time ofissuance of these
findings are EI Dorado Hotel Partners, LLC, Winston H. Moore.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for Conditional Use Permits.
B. Conclusions of Law
I. 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 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. 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
§ 11-17-9.
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 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.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan
submitted with the application as shown in Exhibit 8 and the Conditions of Approval in
Exhibit C. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-018- - PAGE 2 of4
1. The applicant's CUP Site Plan as submitted with the application is hereby conditionally
approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring 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 year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval ofthe future phases shall be null and void.
(MCC 11-17-4.8.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 ofthe 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.
Exhibits
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).CUP-O5-018- -PAGE30f4
Exhibit A: Legal Description
Exhibit 8:
Approved Site Plan
Final Conditions of Approval
Exhibit C:
Exhibit D: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).CUP-O5-018- -PAGE40f4
EXHIBIT A
Marriott Courtyard at EI Dorado Subdivision
CUP-05-018
--~~p:,~cription
,=~-"~,
Fro1 : '" MOORE co
FAX NO. :200-323' 7523
Mar. 11 2005 lO,27A11 P2
"iyens Pu"loy LLP
277 North 6" Sire." Sultè 200
80lso, ID 83702
AI,", DoYld R Lombsrtll
LOOllJE12 PH~,1¡7
RECORDEO-REQUEST OF
fEE.dl:i:õEPUT~
10 II 317/0
AQ~ %~~~mm:8ER
When R.corded PI.... Roturn 10: ' "'" r. IOAW!
TlnEOt-lE
A() 1J.'1'11 ~T;¡KF
GRANT DEED
FOR VALUE RECEIVED, J.",..o F. Griffin, a singla men ('G,.."or), who.. add.ras. Is 70'
No"" g'" Stre.I, 8010', ID 83702, IIoos 1I0reby GRANT, BARGAIN, SEU and CONVEY unlo
KIMBALL PROPERTIES UMITED PARTNERSHIP, on Idaho Ilmll"" """'o...hlp (""rant.o'), whoso
o.dre.... P.o. Box 8204. Soloo,l<ISllo 83707, the reol property In Ada County, St"'e ofldano, more
portlculariv d..cribe<l on ~ ottS.llod lIerelo and mod. . part lIereof ("Property')
"'ani or h.reby CO,,",,"nts '0 ond- Gran,oo and Grantse's heirs, s""""SSo" and assigns,
'hal Grontor is lawfully solZEd In roe sImple 0' Iha Proparty, subjeCt only Ie 'he mstt." described on
~, o"sched horelo End me<lo 0 """ hareof.
TO HAVE AND TO HOLD, tho Propony with lis appurtonanoes, logelher with any and all
wa'er righ'. or anlitloments to re""!""ws'sr 'orb.noflcial yse upon the Property, InctU"ing, but not
limlled to. ditch or canol compeny sh.rso, end dll<:h righls os>oclsl.d wfIh sny irrigation Or wetar
dollvsryd.ch, canal,ls'oral orpipollna. unto tho "...nt.a, snd Gronl..'s he/rund SS.igns forOY.r
And the soid "ran'", horsby bin"" him""" and hia suc,...o", '0 -""nl and do'end "'a nile as
ag.ln.. all acts or 'he Gren/Or I1orsin end no olher, 'Ub/eci 10 the malla", .e' IMh ha"'ln.
Da'e. effectiyalh. .ldZ~.y of Doc.mbar. 2001.
GRAm-OR'
~_D~~ ~-
(/A"mes F. Grim .
p....r Fa>< Noto
...
7&71
..>
"'m'-\o~G I...a.,-
co.
GRANT DEE" . 1
.,'"""...~,,-""'--""'"",.,""'
...----.....--.--
FRO1 : I.H MIJIJ:E co
FA>< NO, :208-323-7523
Na~. 11 2"05 10:2""" P3
STATE OF IDAHO
)
) ss.
J
County of Ads
On this ';<-~d.Y of Decsmber, 2001, before me. 0 Notary Public In and lor the State 01
Idaho, po",onsliÿãpj,..rsd JAMEs F, GRIFFIN, known or identIfIed to malo bElh. person whoso
nome i. subscribEd to 'ho within inotnnn.nl and acknowledged 10 mo tIuot ho """""'ed tho some
IN WITNESS WHEREOF, I hovoh....unto ..tmyhond ondsfflxod myofIJojo¡ s.o/th. day
~-~-- ~~.
Notory Public lor Idaho
Residing at - &;s£
My c:omm/..ion oxpI""" -'!f:1~/of
=
""ANT DE!I'D.2
"""""""" -...- ""'M_,...
~---------
'--,~
FRtl>1 : '" I'ICXß: co
FAX HJ, : 208-323-7523
>la" 11 2005 lO:28RM F'5
PARCEL 1
A parcel orland loeated in the North""l Quaner and Southeasl QuarterofS"""on 20,
Township 3 North. Rang. I Ee." Bois. Moridian, Ada County, Idaho, the sam. being
depicled on Record of SulVey No. 5447 recorded JUly 2, 2001 aslnslrument No.
101065642, Reeords of Ada County, Idaho, more panieuIarly de..ribed as foliow..
Commencing" <be Northeast comer ofsaJd So<"01120. ofwhicl1lhe Soutbe.., comer of
said Northeast Quartert>ears South 00' 14' 45" Wcst, 2G5!.S9 fee"!hence .Iong the
Northerly line of said Northeast Quarter,
Sou'h89'46'16"W.." 132841 f." 10 thePOlNr Of" BEGINN1N(¡ and 'ocNm1hw..,
com", of the Basi ~ of the North...t Quarter ofsajd Soction20; thence aJong the
Westerly lino of sold Eoot ~
South 00' 19' :>2" W.." 55.00 reet; thellee along a line parallel with and 55.ClO teet
south",ly of oaid Northerly line of Scc:~n 20,
North 89" 46' 18"'E..t 127).49 f"'loa point 5>.00 feel W"'terly of the E"'.rly line of
.aid Northeast quirt..., thon"" 8l0ng. Une 55.00 feet W.sterly of and parallel witb said
E.-Iyli"",
South 00' 14' 45" West, 594.66 feet, thence
North 89' 56' 06" Bast, 55.00 feet 10 apoinl on the Easterly lin. of..id North""",
Quarter; thence aJong said line
South 00' 14' 4Y' West, 2002.07 feet 10 the South.ast corner of said Northeast Quarter;
thence along tho E..terly lina ofthoSouth"" Quarler of said Soction 20
South 00' 00' Ot" West, 196.19 feet; thence
North 68' 20' 09" West 26.90 fa" to the North..., corner ofLo, 34, Block. of1llousand
Spring< Sundh'¡.,ìon No. I as shown on the official pI.. thereof .....roed in Book 78 at
P- 8248 through 8249, Ads County Recoros; 'lienee ,long the NortberJy boundary of
oaid Subdivision tho foUowing co,,-,
North 68' 20' 09" West ))9,38 feel to tho hogioning of a '_en< curve; thence
Along said curve to tho left having a radius of 250. 00 fCol, an arc length of222,33 feet, .
contral angle of50' 57'18", and acl1onJ heering and distance ofSou'b 86' j ' 12" West,
21>.08 feet; thence langenl from said CUNo
South 60' 42' ))" Wes'. 121.50 r.., to tho bo¡¡innmg of a tangen! curve; Ibence
Along ,aid curve 10 <be left lIeviog a radi..., of20000 fee,. l1li arc lel181h of 116.4> fœ~ a
central angle of)3' 21' 36", IIlId a chord bearing and dislaote of South 77' 23' 21" West,
114.81 feet; thence tllllgen' 1T0m said curve
North 85' 55' 51" W..~ 561.11 fee' to Ibe Wcs'orly line of'.e Ea.. ~ of the South"""t
Quarter of said Section 20; thence leaving soid S"bdivisioo lina, aJons said Wesl<rly line
North 00" 11' 26" ea.t, 118.0) feet to lhe SOOl.W.., cornerofth. East II of the Northeast
Quarter ofsoid Scc:tion 20; thence 8long the Sou'herly line onoe W""t II Oflhe
Northeast Quarter
Soutlt 89'.54' 44" West, 84,07 feet; thence IcaYing s.ld line
North 01' 42' 52" East, 2649,75 feet to 1/1. Northerly line oflhe Northe", QUar'er oc,aid
Section 20; lItence along said Ifuc
North 89' 46' 17" East, 20.10 fOo' 10 d" POtNT OF BEGINNiNG
¡FROM: I.IH MOORE CO
-
FAX >(], :200-323-7523
Mar. 11 ""OS 'O""'"" P6
PARCBL2
A p""°l oflond loooled in thc Soulbw"'t QIW;ter of Section 13, Township 3 No,,",
Rango I West, Boise Moridi",. Ado Coun'y, Idaho, the samc being dopictcò on Record
of Survey No. 5446 recorded July 2. 2001 o.lnstrument No. 10]06564], R=rds of Ada
Coun'y, Idaho. more particularly described as follow,'
B.ginning at the Northw.., comer nf >aid Snuthwe" Quarter, of which the Southwes'
cornerohaid $outhwosl Quarter bears South ()()' 00' 26" Ea." 2651.35 f.e', lhencealong
th. North..-Iy line of Southw..t Querter and the Southerly Boundary line of The bruling
Subdivision No, 7, as shown on tho official plat theroofrecorded in Book 69, at Pagcs
7085 through 7086, Ada County Rc<ords; theooo
North 89. 59' 42" 8ast, 1326,"4 feet to the North...t comer oft1le Northwest Quarter of
,..;d Southw"'t QUatter, thenec
Sou( , 00" 01' 40" East, 1326.16 feet to.the Northerly right-of-way line of Wenta..
Highway No. 84 as shown on Federal Aid Projocl No. 1-80N-l (12) 37 an file at t1le
omc.. of the Idaho Tr....porta'ion Department, Boise, Idaho, thence .Iong said nght-of-
way line
North 89. 5]' 55" Weill, 132732 f- to the We"erly Ii"e ofseid Southwest Quarter;
th"""" along ..id Westerly line
North 00. 00' 26" West, 132.1.70 f.., to th,POINT OF BEGINNING.
EXHIBIT B
Marriott Courtyard at EI Dorado
CUP-05-018
Approved Site Plan
o.
-0.
0
e.
iii .
<I> ~
0 .
0 ~
. ..
0 .,
"0
~
~
ÜJ
..
w
EXHIBIT C
Marriott Courtyard At El Dorado
CUP-05-018
Final Conditions of Approval
SPECIAL CONSIDERATIONS
1, Signs & Addressing: No signs are being approved with the subject CUP
application, Signs require a separate permit in compliance with the sign
ordinance, See Site Specific Condition #2 below,
2, Height Exception: For Lots 1,2, and a portion of9 of Block 5 of Bonito
Subdivision the Planned Development shall allow a maximum height of Fifty-
Eight (58) feet to the top of the arch as described in sheet CU-3 (site elevations),
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
I, All conditions of the previously approved EI Dorado Subdivision shall also be
considered conditions of the Conditional Use Permit (CUP-05-018) application,
2, No signs are approved with this application, All wall and free-standing signs
require a separate permit. All signage shall be in accordance with the standards set
forth in Section 11-14 of the City Zoning and Development Ordinance,
3, It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4, Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency,
5, Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers,
6, All storm and drainage water must be kept on site. Applicant shall submit, to the
City of Meridian Public Works, a site plan to indicate the means and location of
the storm drainage facilities, A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall be submitted to the City
Engineer (Ord, 557, 10-1-91) for all off-street parking areas, Storm water
treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies, Off-site disposal into a surface water is prohibited unless
the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells,
7, Sewer service is available to this property via stub outs installed during the
construction of Bonito Subdivision, The applicant shall be responsible to
construct sewer mains to and through this proposed development Subdivision
designer to coordinate main sizing and routing with the Public Works
Department Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service, Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top of the pipe,
If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe
materials shall be used per the Meridian Public Works Department's Standard
Specifications,
8, Water service is available to this property via stub outs installed during the
construction of Bonito Subdivision, The applicant shall be responsible to
construct water mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
9, Coordinate fire hydrant placement with the City of Meridian's Public Works
Department.
10, Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation,
1 L All landscape areas shall be supplied with underground pressurized irrigation, The
City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water, If a creek or well source is not available, a single-
point connection to the municipal water system shall be required, If a single-point
connection is used, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer,
12, No additional buildings or other structures shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department (MCC
11-19-1 ),
13. All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy, Any temporary occupancy will not exceed 60 days to
complete the required improvements,
14, If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development
15. Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination ofthe adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4,C,
16, Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
I, Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing,
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b, The Fire hydrant shall not face a street which does not have addresses on
it.
c, Fire hydrant markers shall be provided per Public Works spec,
d, Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location,
e, Fire Hydrants shall be placed on corners when spacing permits,
f, Fire hydrants shall not have any vertical obstructions to outlets within 10',
g. Fire hydrants shall be place 18" above finish grade,
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509,5,
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius,
4, Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs,
5, For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane",
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site,
7, Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project Fire hydrants shall be
placed per Appendix D,
8, The 3 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes, The Meridian
Fire Department has experienced 2397 responses in the year 2003, According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010,
9, Maintain a separation of5' from the building to the dumpster enclosure,
10. Provide a Knoxbox entry system for the complex prior to occupancy,
11. The first digit of the Apartment/Office Suite shall correspond to the floor level.
12, All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code,
13, Provide exterior egress lighting as required by the International Building & Fire
Codes,
14, Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official, For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903,3,1.1 or 903.3,1.2 the
distance requirement shall be 600 feet (183),
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m),
b, For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3,Ll or 903.3,1.2, the
distance requirement shall be 600 feet (183 m),
15. There shall be a fire hydrant within 100' of all fire department connections,
16. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D1O5, A fire sprinkler system meeting Type 13 is required,
EXHIBIT D
Marriott Courtyard At EI Dorado
CUP-05-018
Conditional Use Permit Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use
and all yards, open spaces, parking, landscaping and other
features as may be required by this ordinance;
The proposed site plan indicates the building to be placed along the required
landscaped buffer of Eagle Road, The required landscaping appears to meet the
standards listed under MCC 12-13 Landscaping and will be verified through
Certificate of Zoning Compliance, The applicant has indicated one hundred forty
six (146) parking stalls, which meets the minimum required number of one per
room, Cross access to the lots north of the site will be provided and direct access
to Eagle Road will not be allowed, Staff finds that the site plan submitted by BRS
Architects on 312/05 labeled CU-l adequately shows the use is appropriate to the
size of the lot.
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;
The Comprehensive Plan Future Land Use Map designates the property as
"Mixed-Use Regional" and is currently zoned C-C, Staff finds that the requested
use is consistent with the Future Land Use Map and that if approved as a CUP the
project will be in compliance with City ordinances and the Development
Agreement for EI Dorado Subdivision which allows a mix of uses such as Office,
Retail, Restaurants, and HotelsIMotels,
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;
Staff is generally supportive of the site plan design, This area is part of a larger
commercial area, which staff believes the applicant has designed to accommodate
F.
cross access and compatible uses, Staff believes that the hotel will be similar to
other useslbuildings in the area which typically range in the 25-40' height range,
The applicant has indicated that they will meet the additional fire code
requirements to trade access to the eastern side of the building for additional
sprinkling requirements as requested by the Meridian Fire Department.
Staff finds that if the applicant complies with the conditions outlined in this
report, the general design, construction, operation, and maintenance should be
compatible with other uses in the general neighborhood and with the existing and
intended character of the area and in compliance with the standards as set forth in
MCC 11-22,
D,
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff finds that if the applicant complies with the conditions outlined in this
report, the proposed height exception will not adversely affect other property in
the area, The nearest residential uses are approximately 600 yards to the south of
the site and will not be impacted by the height of the building, The amendment to
CUP-OI-037 will not impact the other general area uses within the El Dorado
Planned development as similar commercial operations already exist. The
Commission and Council should rely upon any public testimony provided to
determine if the development will adversely affect the other property in the
vicinity,
E,
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Sanitary sewer and water mains were stubbed in to this lot during the construction
of Bonito Subdivision, The applicant shall be responsible to construct sewer and
water mains to and through this development. Applicant shall coordinate size and
routing with Meridian Public Works. Applicant shall execute City of Meridian
standard forms of easement, for any mains that are required to provide service,
Roads are already provided and the site is an existing commercial operation, The
Meridian Fire Department requires the building adhere to additional construction
and sprinkling standards as listed in this report.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
I.
If approved, the applicant will be financing any improvements required for
development. Staff finds there will not be excessive additional requirements at
public cost and that the proposed zoning and subsequent development will not be
detrimental to the community's economic welfare,
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 general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise will increase with the approval of a hotel in
this location, A hotel is a permitted use in a C-C zone and the relative proximity
to other commercial, retail and office uses is desirable for the proposed use, Staff
does not anticipate the proposed use will create excessive noise, smoke, fumes,
glare, or odors. Staff finds that the proposed use will not be detrimental to people,
property or the general welfare of the area,
H,
That 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;
The applicant is proposing to use the existing commercial access designated on
Lot 2 Block 5 of Bonito Subdivision as planned through the preliminary platting
approval, The access to the south is consistent with ACHD requirements,
Secondary access will be provided from cross access to the north, Police and fire
have expressed concern with not being able to access the site from all directions
but are supportive if the conditions of approval are met See agency comments
below,
That the proposed use will not result in the destruction, loss or damage of a
natnral, scenic or historic feature considered to be of major importance,
Staff is unaware of any natural of scenic features of major importance on this site
and finds that no natural or scenic features of major importance will be lost or
damaged by approving the conditional use amendment application,