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HomeMy WebLinkAboutMarriott Courtyard CUP-05-018 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 El 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 of the 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 of the 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 CASENO(S). CUP-O5-0I8- . PAGE I of4 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 of issuance 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 (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II 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 fÌom 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 B 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 I. 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 fll'st 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 fÌom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 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 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. Exhibits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0I8- - PAGE 3 of4 Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ~~ ,2005. 74 day of COUNCIL MEMBER CHARLIE ROUNTREE VOTEDþ VOTED~ VOTED-þ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER KEITH BIRD VOTED~ - MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED and City Attorney. BY~rYl ~Q ~MJ City Clerk's Office Dated:~3~O5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).CUP-O5-0I8- -PAGE40f4 EXHIBIT A ,---.-- Marriott Courtyard at EI Dorado Subdivision CUP-05-018 --~~_~1>:!cription -_c.~-~ FROM : lJH HOORE co FAX 1-0, :=-323.7523 Mar. 11 2005 10:27AI1 P2 Given. Pursley LLP 277 Nortl16" S"ee,. Suite 200 801... ID 83702 Attn, Dovld R Lombilrdl lDOIDE 12 PM ~:~7 RECORDED-REQUEST OF fEE.:l:tbEPUTa!~ 10 113111 D AO~ %~~'lmm~8ER WI1er¡ R.corded PI.a.. 1'1.""" to: ""::,.10"'" 'nn,EOI'IE AÒI:ilJC¡¡ 5í,/KF GRANT DEED FOR VALUE RECEIVED, Jam.. F. Griff",. a sIngle man ("Grantor"), who.. addre., la 705 Nonh 9'" S"o.t, Bol.o, ID 83702, doas h.reby GRANT. BARGAII>4, SEll. end CONVEY unlo ~IM8ALL PROPERTIES UMITED PARTNERSHIP. an Ida"" "mil"" pannarshlþ ("GranteeJ, Who.. add,"" is P.O. So> 6204, Bo~., Idaho 63707, tho raal prop.rtylnAdo County, Sta'. of/d."", mo'e particularly de.crib"" on ~ attachod h.relo and m.de a part horeof ("Proþerty") G,.nlo, h.r.by cov.n."" 1o and WIth Grant.. and G,.nt.o', holrs"""""sso," and ..slgns, that Grantor Is l.wMly sefzed in Ie. "mpleorthe Property, subject onlyto.th. matte" doscrib.d on ~. a"achad hereto ood mod. a part he",of. To HAVE AND TO HOLD, tho Prop.ny with its appurt"".noes. tog.'her wllh anY and all wat., right' or en"\leme",. to receive wet... lor bon.ficial us. upon tho Þroporty, Including, bul not fimll.d 1o. ditch 0' canal company sh.res, .nd dfich rlghls a"OOla'ed wllh any 1I1Ígaiion O'wale, dollv.ry d.ch, canel, latarai orplþ.Un., unto tho Grante.. .nd G""".... heirs .nd ."Igns fooaver And tho $Old """'°, h.reby "",d, hl"",.11 end hie 'ucoo..o", 10 W2m1nt end def.nd Ihe lillO as agalnS! atl aCts of the Grsntor h.roIn and no other, subjecl to the matt.rs s.t forth herein. Datsd eff.ctiv. tho æ~ay of Decemb.r, 2001 GRANTOR' ~-~~~- ~m.' F. Grilli . 70" ..- ...m;,;,_~ 1..."... GRANT DEED. 1 .""""""-'~-~--",""'~ - - --~- "--" FROf'\ :IJH I1OORE co FAX I'D, :208-323-7523 Mar, 11 2005 10'28'<1 FJ STATE OF IDAHO ) ) SJ. J County of Ada On this I Z-'" dey or December, 2001, berore ma, a Notary PUblIc In and for !he Stare of Idaho, p."oneJiÿãppeared JAMES F. GRIFFIN, knOWn Of iden!JfJOd 10 m. 10 be !he parson woos. noma I. subscribed to the wltlNn Instl\JlTlont, and acknOWledged 10 m. that he ""_I.d tho same. IN WITNESS WHEREOF, "eve honaunlo .ot my hand and afllxed mycftJO al s.al/h. day ~_..,.~~- VI.~. Notary Public for Idaho Rasldlng al tXvs£ My commission a""lras: "I$O¡of GRANT PEED ' 2 """"""""""----r","~"" ~-_....._----_..- .,-~- FROM :!.Ii MOORE CO F~ NO, :--323-7523 Ma,. 11 2005 10:2OR" F'õ PARCEL ¡ A parcel oflan<llocated in the NOI1heaaI Quaner and Southoest Quaner ofSec"on 20, Townohip 3 North, Range I E..~ Boise Meridian, Ada County, Idaho, the sam. being depicted on Rccord of Survey No. 5447 recorUed July 2, 2001 as Jnstrum.., No. 10106560\2, Records of Ada CoUl!ly, Idaho, more Particularly d.acribed as folio,"", Commencing at !he Northeast comer of ,sid Section 20, nf whieh the Southe.., comer of said North..., Qu811er bem South 00' I4' 45" West, 2651,89 feet, thence along Ihe Northerly line of .aid Northeast Quarter, South 89' 46' 18" West, 132841 feetto the POINT OF BEGINN!N(; and 'hc No>1hw"", comO\" of the Eost 1'\ of the Northeast QUarter of said Section 20; thence wong the W"'erJy line of .aid Eas' ~ South 00' 19' 52" West, 55.00 foot; thence aloeg a line paralic! with and 55.flO Jeel southerly of..id Northerly line of Section 20, North 89" 46' ¡8"'East 1273.49 fool 1o a point 55.00 feet Westorly of the E"'terly line of said Northeast Quarter,thenc. along a hne 55.00 feel Westerly nfand parallcl with said Esstorly line, SoUth 00' 14' 45" W.... 594.66 feet, thance North 89' 56' 06" Eas~ 55.00 foot 10 a point on the Euter!y lin. of said Northc"'t Qullrter; then« along said line South 00' 14' 45" W..~ 20Q2.07 feet to the Soumoost Corner of said Northe"l Quart...; thonoe along !he Easlerly line of!heSouthe", Qu.,lor of said Seclion 20 South 00' 00' 01" West, 196.19 fee~ Ihence North 68' 20' 09" West 26.90 f... to Ib, Northe.., corner of Lot 34, Blocl<. ofThousand Springs Suhdivisioo No.1 as ohown on the offjcial plat thereof """,rood in Bool< 7& at Pages 8248 through 8249, Ad. County Recoros; thenco along the Notth...Jy houndary of ,aid Subdivision the following co......: North 68' 20' 09" West 339.38 focI to the beginning of a lODgcn! curve; thence Along said curve 10 th.l.ft having a radius of250.00 fcel, an.,c length of222.33 fee" a central angic ofSQ' 57' 18", end a chord be"ing and distance of South 86' 11' 12" West, 215.Q8 feet; thence tangent m,m said curve SoUth 60' 42' 33" Wea', 12150 feet to the beginning of a ,angeo' curve; 'hence Along said curvc to tOe left having a radius of 200.00 feet, an arc length ofi (6.4 5 fec~ a central angle 003' 21' 36", and achordboaring and dìst..ce or South 77' 23' 21" West, 114.81 foo'; thence 'ang", !Tom said curve North 85' 55' 51" Wes1, 561.11 focI 10 Ibe WeSt...ly hne of the E", I> of the Southeast Quarter of said Section 20; thencelesving ..;dSubdivi.ion liD., 'long said West...ly tinc North 00' I I' 26" East. 118,03 f«IIo 'be Sou'hwe" cornorofth. Ea.st I> of me North....." Quarter ofs.id Section 20; th"""" along the Southerly hoe ofth. W""t Y, o('he Northeast Quarter South 89' 54' 44" West. 84.07 feet; thence leaving said hoe North 01' 42' 52" East, 2649.75 feet to 'he Northcrly line of the Northo..., Qua"er of said Section 20; Ib""ce along said line Nortb 89' 46'17" Eas" 20 10 rOo' 1o rhcPOJNT Of' BEGJNNlNtJ I ¡FROM :"" MOORE CO I I I ! - FAX t£ , : --323- 7523 Mar. 11 2æ5 W:""AM P6 PARCEL 2 A p"",e¡ of land located in the Southwest Quarter of Section 13, Township J North, Rouge I West, Boise Meridi"" Ada County, Idaho, the aameboing depiclod on Record of Survey No. 5446 recorded July 2, 2001 as Instrument No. tQI065643, Recorus of Ada County, Idaho, mo," particularly described os follow,. Beginning at the Nortbwest rome, of said Southwest Quurter, ofwbich the Southwest corn... of said Southwest Quarter boors South 00' 00' 26" East, 265U5 fect, thence along the ~nh...Iy line of Southwest Qu8[\C[ and the Southerly Boundary line of The Landmg $ubdivi,ion No, 7. as shown on the offieisJ plOt thoreohecorded in Book 69, at Pages 7085 through 7086, AdaCountyR...'Orus; thence Nortl> 89' 59' 42" East, 1326.84 feet to the Nortl>...,t come,oftlle Notthwest Quurt,.rof ...d Southwest Quart...; thencc South 00" 01' 40" Eas~ 1326. I 6feet to the Nurtherly right-of"way line of lnt""tate Highway No. B4 ...bown on FedcrsJ Aid Projecl No.I-BON-] (12) 37 on file althe offie.. of the Idsl>o T"""portation Deportment, Boise, Idaho, thence alnng ",id right-of" way line Notth 89' 53' 5)" W.at, IJ27.32 f... to the Westerly line of said Southwes' Quarter; Ihcnoe along aoid Westerly line North 00' 00' 26" Wos~ 132310 feel '0 the POINT OF BEGINNING EXHIBIT B Marriott Courtyard at EI Dorado CUP-05-018 Approved Site Plan o. -0. 0 . . * . ~ M 0 . 0 ~ . . 0 11 ~ . ID ~ III EXHIBIT C Marriott Courtyard At EI 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 ofFifty- 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-O5-018) application, 2, No signs are approved with this application. All wall and fÌee-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 fÌom finish grade to the top of the pipe, If cover is less than 3-feet fÌom 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, II, 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) fÌom 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 of the 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 1. 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 Yo" 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 DIO3,6 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' fÌOm 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) fÌOm 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 903.3,1.1 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 DI05, 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 shaD 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 aU 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 3/2/05 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 Hotels/Motels, 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 ofa larger commercial area, which staff believes the applicant has designed to accommodate 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 ifthe 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-O37 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, F. 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; H. 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, That the proposed use will have vehicular approaches to the property wbich 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 fÌom cross access to the north, Police and fire have expressed concern with not being able to access the site fÌom 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 natural, 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.