HomeMy WebLinkAboutAmeritel Inn CUP-00-053BEFORE THE MERIDIAN CITY COUNCIL
C/C 03-20-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 3-STORY
87 ROOM HOTEL IN AN L-O
ZONE LOCATED AT THE
NORTHEAST CORNER OF
MAGIC VIEW DRIVE AND
ALLEN STREET, MERIDIAN,
IDAHO
B AND A DEVELOPMENT
APPLICANT.
Case No. CUP-00-053
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER DENYING
CONDITIONAL USE PERMIT
The above entitled conditional use permit application having come before
the City Council on March 20, 2001, at the hour of 6:30 p.m., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicam were:
Bryon Smith, I(xis Korte, and Jonathan Seel, and appearing and testifying in favor of the
application were: Dave Pearcey, Bette Pearcey, Randy Winn and Donn Reiswig, and
appearing and testifying with commems/concerns or in opposition were: Rick Segar,
Gary Childe, Michael Lloyd, and Charles Horel, 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 Zoning Commission who conducted a public heating
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT/AMERITEL INN L-O ZONE / (CUP-O0-053)
- 1
and the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following denial of the
Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1~ A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for Marcl~ 20,
200, before the City Council, the first publication appearing and ~vritten 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 more than fifteen (15)
days prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing and the copies
of all notices were 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 20, 2001, 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-053)
-2
as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. The property is located at Eagle Road and 1-84, Meridian, Idaho.
4. The owner of record of the subject property is James L. Boyd and Winston
H. Moore, under the assumed business name of Magic View Partners, Boise, Idaho.
5. Applicant is B and A Development of Boise, Idaho.
6. The subject property is currently zoned L-O. The zoning district of L-O
is defined within the City of Meridian Zoning and Development Ordinance, Section 11-
7-2.
7. The proposed application requests a conditional use permit for a 3-story,
87:room hotel. The L-O zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 1 I-8-1).
8. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
9. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Tkles 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053)
-3
10. The proposed uses within the subject application will not be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
10.1 The subject property is designated on the "Generalized
Land Use Map" as "Mixed/Planned Use Development".
11. The uses proposed within the subject application will not be hazardous
but will be disturbing to existing or future neighboring uses.
12. 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.
13. 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.
I4. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
15. The 3-story building would be significantly larger than any other building
in the adjacent vicinity.
16. The 3-story hotel would be incompatible with the residential subdivision
to the north.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT/AMERITEL INN L-O ZONE/(CUP-O0-053)
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17. The building setbadcs and landscaping that is proposed by the applicant
will not adequately mitigate effects of the proposed use.
18. The premises are covered by a Development Agreement which
contemplated one or two story buildings, but not three story buildings.
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.
3. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-053)
-5
4. The City Council has the duty and responsibility to review the facts 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 following standards
are met and that the proposed development: (Meridian City Code § 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will not be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will not be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will change the essential character of the same area;
uses;
Will not be hazardous but disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, 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 sendces;
f. 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;
g. 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;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Limited Office District (L-
0), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the external
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-O53)
-6
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, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and heating procedures provided in Chapter I5
of this Tire. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have
one public 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 hearing 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 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 impose
conditions of that approval that reasonably:
B.
C.
D.
Minimize adverse impact on other development;
Control the sequence and timing of development;
Control the duration of development;
Assure that the development is maintained property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-053)
-7
E. Designate the exact location and nature of the development;
F. Require 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 Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 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, the City Council does hereby ORDER
and this does Order that:
I. That the above named applicant is denied a conditional use permit specifically
due to the fact that the proposed three story hotel, which would be adjacent to a
residential subdivision, and even with the proposed landscaping, would be an
incompatible use. Also the conditions addressed in the original Development Agreement
for the subject property contemplated only one or two story buildings. Any three story
hotel would have to be constructed farther away from the residential subdivision in order
to be approved.
2. That the City Attorney draft an Order of Denial of Application for Conditional
Use Permit in accordance with this Decision, which shall be signed by the Mayor and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-053)
-8
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 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.
of
ROLL CALL:
By action of the City Council at its regular meeting held on the
/~ ,2001.
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4~'-~--0/
VOTED ~
VOTED ~
VOTED ~
VOTED___~a--~
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053)
day
-9
MOTION: ~ -
APPROVED:
DISAPPROVED:
Cow served uvon Avvlicant, Planninff and Zonin~ Department, Public Works
Department and the City Attorney.
City Clerk ff ~ ~ 1
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND A DEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-O0-053)
I0
interoffice
MEMORANDUM
RECEIVED
MAR 2 3 2001
City of Meridian
City Clerk Office
To:
From:
Subject:
Date:
William G. Berg, Jr../f/
wi.iam F. Nioho 3/g /r
AMERITEL BY: B AND A DEVELOPMENT / CUP-00-053
March 23, 2001 - ~.~ ~~e,~ 5-o~'0~.~
Will:
Please find enclosed the ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT, in the above matter. I have prepared this ORDER
pursuant to City Council's action taken at their March 20, 2001, meeting. This
matter will be heard at their Tuesday, April 3, 2001, meeting.
If you have any questions on this matter please advise.
Z:\WorkVvl'CAeridian~Meridian 15360NhAmeritelCUP053 VAR019\CityClkCUPDismissalOrder032301.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/20/01
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT FOR )
A 3-STORY 87 ROOM HOTEL IN AN L-O)
ZONE LOCATED AT THE NORTHEAST )
CORNER OF MAGIC VIEW DRIVE AND )
ALLEN STREET, MERIDIAN, IDAHO )
)
BY: B AND A DEVELOPMENT )
)
APPLICANT, )
,)
CUP-O0-053
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on the 20~ day of March 2001, at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council
having received the record of this matter from the Plamfing and Zoning Commission
including the Planning and Zoning Commission's Recommendation to City Council,
and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and
appearing and testifying on behalf of the Applicant were: Byron Smith, Kris Korte,
and Jonathan Seel, and appearing and testifying in favor of the application were:
Dave Pearcey, Bette Pearcey, Randy Winn, and Dorm Reiswig, and appearing and
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
- 1
testifying with comments/concerns or in opposition were: Rick Seger, Gary Childe,
Michael Lloyd, and Charles Horel, and the Councii having duly considered the
matter makes the following Findings of Fact and Conclusions of Law and Decision
and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Tide 11 Municipal Code of the City of
Meridian and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994
and Maps.
2. Staff has complied with the requirements of I.C. § 67-6509 and 67-
6512 and §{} 11-2-416 E and 11-2-418 E.
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE
APPEARING, and specifically due to the fact that the proposed three story hotel,
which would be adjacent to a residential subdivision, and even with the proposed
landscaping, would be an incompatible use. Also, the conditions addressed in the
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053) - 2
original Development Agreement for the subject property contemplated only one or
two story buildings. Any three story hotel would have to be constructed farther away
from the residential subdivision in order to be approved. This application is therefore
denied.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
Dated this ,~p,~o~ day of ~ ,2001.
DECISION OF DENIAL
ROLL CALL:
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: '~ -.~ -dS)/
VOTED
VOTED__~
VOTED
VOTED
MOTION: ~
APPROVED:
DISAPPROVED:
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
-3
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. ,~, _~. ,.~_ ,,~.
B : C~ty Clerk
Z:kWork~idi~eridi an 153~efitelC~O~
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
-4