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HomeMy WebLinkAboutEagle Partners CUP-00-013 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT MODIFICATION ) FOR AN ADDITIONAL 77 FOOT ) HIGH POLE SIGN IN A C-G ) ZONE LOCATED AT 603 S. ) EAGLE ROAD, MERIDIAN, ) IDAHO ) ) EAGLE PARTNERS, ) APPLICANT. ) ) 07-10-00 Case No. CUP-OO-OI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MODIFICATION The above entitled conditional use permit application having come before the City Council on July 5, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: J oAnn Butler, attorney for Eagle Partners, and Craig Jamison of Idaho Electric Signs, 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 hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 1 FINDINGS OF PACT 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 July 5, 2000, 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 (3001) 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 July 5, 2000, 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 s67-6509, 6512, and Meridian City Code ss 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 General Retail and Service Commercial (C-G) zone, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 2 4. The property is located at 603 S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Eagle Partners LLC of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned C~G. The zarling district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests modification of a conditional use pem1it to include a 77' high additional pole sign. The 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 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 Ordinance. II. The requested conditional use is described in the "SITE SIGNAGE LOCATIONS, SIGNS 1, EAGLE PARTNERS and IDAHO UNITED CREDIT UNION", and the "SIGN PLAN" attached hereto as Exhibit "C", and consisting of two pages, and incorporated herein as if set forth in full hereat, along with the legal descriptions described in the attached Exhibit "A" and, consisting of one page, and Exhibit "B", and consisting of one page, and incorporated herein as if set forth in full hereat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-GI3 - 3 12. 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. 13. Giving due consideration to the comments 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 conditions, as set forth in number I of the Decision and Order, 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. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 15. The uses proposed within the subject application subject to the conditions herein ordered and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-Ol3 - 4 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. 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. 18. 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. 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 I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS I CUP-OO-013 - 5 "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 othervvise 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 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 be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will 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 not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; 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 services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS! CUP-OO-OI3 - 6 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 General Retail and Service Commercial (C-G), 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 boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 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 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 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. II 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS I CUP-OO-013 - 7 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: 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 properly; 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 PACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 8 modification to include an additional 77 foot pole sign for Chevron/McDonalds, and described in the "SITE SIGNAGE LOCATIONS, SIGNS 1, EAGLE PARTNERS and IDAHO UNITED CREDIT UNION", and the "SIGN PLAN" attached hereto as Exhibit "C", and consisting of two pages, and incorporated herein as if set forth in full hereat, along with the legal descriptions described in the attached Exhibit "A" and, consisting of one page, and Exhibit "B", and consisting of one page, and incorporated herein as if set forth in full hereat, and subject to conditions of use and development as follows: 1.1 The hours that the sign shall not be operating are as follows: Chevron - 11 :00 p.m. to 6:00 a.m. McDonalds - II :00 p.m. to 6:00 a.m. 2. The conditions shall be reviewable by the Council pursuant to Meridian 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 pennit. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-OI3 - 9 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. By action of the City Council at its regular meeting held on the of ~~ ,2000. ROLLCALL: ! Bib- day COUNCILMAN RON ANDERSON VOTED -$-Ct.... COUNCILPERSON KEITH BIRD VOTED -f/!:-tL VOTED~~ COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED4tL MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7--1f3-OD VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 -10 MOTION: APPROVED:~ DISAPPROVED; Copy served upon Applicant, Planning and Zoning Department, Public Works\\\\\luum"""" ti.\\ Of ME'~.-"'8\ Department and the City Attorney. ..~..\-.( ~ '"'4-'-1;' /'a,.Jj~h. ~, J!.. ~ .'$'. '<'0 ' BY:dlf/~...P~(9- Dated: 7~/8-ob SIW.. City Clerk. \ ..,~. ,rf?.; \, "1'0 '~r 1'5'\ . R . ~ ...~ ~ .nl' ",-' if.. (\..... ". .._. 'IjV ~.. ;;/1) ,-VUNT" \"" I,; \,\\ I ~4~UU.'~" \ msglZ:\Work\M\Meridian I 5360M\EAGLE PARTNERS CUP SIGNAGE\AMENDINGCUPFindingsOI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP.OO.OI3 - II / / EXBIBIT 2=--- .. '::SCRIPTION OF CHEVRON PARO A parc~i ofland in the SE~ NE~ of Section 17,1.3 N., Rl 1::.. B..M., Ciry of Meridian., Ada Counry, Idaho, being a portion of Lot 1 of me Amended lvfag:ic View Subdivision., the official plar of which is re:;orded in Book: 52 ofPlars at page 4445 and being more particularly desc<l.oed as follows: Commencing at the e:lSt 1/4 corne~ of said Se::non 17, markd by a brass cap montlITlenr in Eagle Road (Stare llighway No. 55) and loemed S.OQ022'lS''E., 2652.85 fee-:: ~om the brass cap monument in the inte~ec.::ion of said Eagle Road and West Frankiin Road which rna.rA.S the norrhe:m comer of said S~on 17; thenc:::, N.Oo022'18"W., 749.74 fee! along the e2.Si. line of said Se::rion 17 to the pain! of inte:-s~on of same with the c:::meriine oflvfagic View Drive; thenc~, S.8903S'2TW., 96.45 feet along said cemedine ro the poim ofime:sesrion of same with the westerly right of way line of said Eagie Road, as described in Deed lnsi:rumem no. 8843782; thence, Northerly, along said westerly right of way line along a curve to the right having a radius of 5799.58 feet, an arc length of 48.28 feet, a central angle of 00028'37", a chord bearing of N.Olc34'18"E., and a chord distance of 48.17 feet to the POll'll' OF BEGTh"'NlNG; thence, S.45C43'31"W., 27.74 feet along the proposed new nonhedy right of way line of1vf~~c View Drive to an an~Je point in same; thence, S.89038''27''W., 279.35 feet along said new northerly right of way line (29.00 fee! from c~nte~) to a point in the west line of said Lot 1 of the Amend....~ lvfagic View Subdivision; thence N.OQ006'2S"W., 442.31 feet along said west lot iine to a pomt in the south. right of way line of a proposed new street:; thence, S.8905705'l"f., 45.00 fee: along said south right or way line to a point; thence, S.OQ006'25"E., 158.00 feet along a line parallel with and 45.00 feet east: of the weS1: line of said Lot 1 of the ..A.mended Magic View Subdivision.; thence, S.89Q5705"E., 268.09 feet along a line parallel vrith and 266.00 feet south of the north line of said Lot 1, to a point in said westerly right ofw-a:y line ofFa~e Road; thence, Southerly, along said westerly right of way line, along a ctlIVe to the right having a radius of 5659.58 feet, an arc length of 73.01 feet, a central angle of 00044'21 ", a chord bearing of S.03019'13"W., and a chord distance of73.01 feet to a point of reverse curvanrre; thence, Southerly, along said right of way line, along a curve to the left having a radius of 5799.58 feet, an arc length of 190.27 feet, a c~nn:al an~le of 0 1052'47", a chord bearing ofS.02Q45'OO"W., and a chord distance of 190.26 feet to the POTh!' OF BEGTh1'll:NG, said CHEVRON PARCEL containing 93,335 square feet or 2.143 acres, more or if / / EXHIBIT ~ DESCRIPTION OF CREDIT UN10N P l~.RCE A pared orland in the SE:4 ~"EY,,- ofSe~on 17, 1.3 N., R 1 E., B.lvl, City of Meridian, Ada County, Idaho, being a portion of Lot 1 of the Amended lvIagic View SLIbciivision, the official pia! or wIDcn is recorded in Book 52 ofPbr.s at page 4445 and being more pan:icularjy described as foUo\VS: Commen~.ng ar the e:lSt 1/4 corner of said Section 17, marked by a brass cap monument in Eagie Road (Stare Highway No. 55) and located S.00022'18''E., 2652.85 f~! from the brass cap monumem in the intersection of said Eagle Road and West Fran..k:lin Road which maries the northeasr corner of said Section 17; thenc~, N.Oo022'18"Vl., 749.74 fee!. along the e::rsr line of said Section 17 to the pornt of imerse~on of same MID the centerii.ne afMrunc View Drive~ . - thence, S.89038'27"W., 96.45 f~r along said c~nterline to the point of imerse::non of same with the westerly right of way Line of said Eag:.ie Road, as descnbed in Deed Instrument no. 8843782; mence, Northeriy, along said.westerly right of way line along a curve to the right having a radius of 579958 fee!, an arc lengr..h of 23 8.54 fee~ a c::mra1 an~le of 02021 '24", a chord bearing of N.02c30'41 "E., and a chord dis-..ance of238.52 feeno a Doint ofreve:se curvature; menc~, Northerly, along said wesrerly right of way line, along a curve to the left having a ra.ci.ius of 5659.58 feet, an arc le~otb. of 73.01 fee~ a cenrra.l an~le ofOOc~ '~'21", a chord bearing of N.03019'13"E., and a chord d:is'..ance of73.01 fee! to the POlr"'rr OF BEGINNlN"G; thence, N.89057'05"W., 268.09 fuet to a poinr 45.00 feet e2SI of the We$! line of said Lot 1 ofme Punended Magic View Subdivision; thence, N.Ooo06'25"\\1., 158.00 feet along a line parallel with and 45.00 fee! e:ast of said west line to a pOmt 108.00 feet south of the north line of said Lot 1; thence, S.8905705"'E., 243.55 feer along a line parallel with and 108.00 feet south of the nortb.1ine of said Lor I, said line being the proposed southeriy right of way line of a new (as yet unnamed) stree; to an angle point in said proposed sourheriy righr of way line; thence, S.44008'40"E., 43.02 feet along said proposed right of way lme to a point in said westeriy right of way line of Eagle Road; thence, Southerly, along said wes-..erly right of way line, along a curve to the right having a radius of 5659.58 fee; an arc length of 127.26 feet, a cem:ral angie of 01 017'18", a chord bearing of S.02018'23"W., and. a chord diS"'"..aD.ce of 127.25 feet to the POINT OF BEGINNING, said CREDIT UNION P.~L'l::L comaining 42,434 souare feet or 0.974 acres, more or less. - . . 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CUSTOMER: CHEVRON JOB LOCATION: EAGLE ROAD & 1-84 I~ IDAHO dearh IIG. COPmIGHt Q ,... lHlS 15 AN UNPUBLISHED DAAWlNGiOESIGN SliBMITlEO ;on YOW pmSONAL US€ IN CONNECllON W1Jl.1 A PROJECT BEING PlANNEO POll YOU BY IDAHO ElEcmlC SIGfJS, INC. AND IS NOT [0 Sf REPllOOUCEO, COPIED Oil eXHIBlleo IN ANY FASHION WITHOUT WllllTEN PIillMISSION OP IDAHO EtECTlllC SIGNS, INC. SAlES, BOB I ",'''ONN I 11127f19 DESIGNER: Brede 2 CHANGED OAH, FROM 100' 10 77'. SUPPOflTS 10 HE flE.ENGINEERED EJtj,.'h;/ ..~ II ~ lHE COLailS DEPICTED IN THIS OllAWlN<; ASSiST YC{J IN VlSlJAUZ!NG 000 PROPOS MAY NOT MAtCH ACRIAl. COlons USED FINlSKED OISPl.AY~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT MODIFICATION ) FOR AN ADDITIONAL 77 FOOT ) HIGH POLE SIGN IN A C-G ) ZONE LOCATED AT 603 S. ) EAGLE ROAD, MERIDIAN, ) IDAHO ) ) EAGLE PARTNERS, ) APPLICANT. ) ) 07-10-00 Case No. CUP-OO-OI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MODIFICATION The above entitled conditional use permit application having come before the City Council on July 5, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: J oAnn Butler, attorney for Eagle Partners, and Craig Jamison of Idaho Electric Signs, 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 hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 1 FINDINGS OF PACT 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 July 5, 2000, 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 (3001) 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 July 5, 2000, 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 s67-6509, 6512, and Meridian City Code ss 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 General Retail and Service Commercial (C-G) zone, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 2 4. The property is located at 603 S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Eagle Partners LLC of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned C~G. The zarling district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests modification of a conditional use pem1it to include a 77' high additional pole sign. The 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 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 Ordinance. II. The requested conditional use is described in the "SITE SIGNAGE LOCATIONS, SIGNS 1, EAGLE PARTNERS and IDAHO UNITED CREDIT UNION", and the "SIGN PLAN" attached hereto as Exhibit "C", and consisting of two pages, and incorporated herein as if set forth in full hereat, along with the legal descriptions described in the attached Exhibit "A" and, consisting of one page, and Exhibit "B", and consisting of one page, and incorporated herein as if set forth in full hereat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-GI3 - 3 12. 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. 13. Giving due consideration to the comments 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 conditions, as set forth in number I of the Decision and Order, 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. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 15. The uses proposed within the subject application subject to the conditions herein ordered and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-Ol3 - 4 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. 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. 18. 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. 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 I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS I CUP-OO-013 - 5 "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 othervvise 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 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 be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will 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 not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; 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 services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS! CUP-OO-OI3 - 6 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 General Retail and Service Commercial (C-G), 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 boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 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 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 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. II 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS I CUP-OO-013 - 7 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: 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 properly; 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 PACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 - 8 modification to include an additional 77 foot pole sign for Chevron/McDonalds, and described in the "SITE SIGNAGE LOCATIONS, SIGNS 1, EAGLE PARTNERS and IDAHO UNITED CREDIT UNION", and the "SIGN PLAN" attached hereto as Exhibit "C", and consisting of two pages, and incorporated herein as if set forth in full hereat, along with the legal descriptions described in the attached Exhibit "A" and, consisting of one page, and Exhibit "B", and consisting of one page, and incorporated herein as if set forth in full hereat, and subject to conditions of use and development as follows: 1.1 The hours that the sign shall not be operating are as follows: Chevron - 11 :00 p.m. to 6:00 a.m. McDonalds - II :00 p.m. to 6:00 a.m. 2. The conditions shall be reviewable by the Council pursuant to Meridian 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 pennit. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-OI3 - 9 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. By action of the City Council at its regular meeting held on the of ~~ ,2000. ROLLCALL: ! Bib- day COUNCILMAN RON ANDERSON VOTED -$-Ct.... COUNCILPERSON KEITH BIRD VOTED -f/!:-tL VOTED~~ COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED4tL MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7--1f3-OD VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP-OO-013 -10 MOTION: APPROVED:~ DISAPPROVED; Copy served upon Applicant, Planning and Zoning Department, Public Works\\\\\luum"""" ti.\\ Of ME'~.-"'8\ Department and the City Attorney. ..~..\-.( ~ '"'4-'-1;' /'a,.Jj~h. ~, J!.. ~ .'$'. '<'0 ' BY:dlf/~...P~(9- Dated: 7~/8-ob SIW.. City Clerk. \ ..,~. ,rf?.; \, "1'0 '~r 1'5'\ . R . ~ ...~ ~ .nl' ",-' if.. (\..... ". .._. 'IjV ~.. ;;/1) ,-VUNT" \"" I,; \,\\ I ~4~UU.'~" \ msglZ:\Work\M\Meridian I 5360M\EAGLE PARTNERS CUP SIGNAGE\AMENDINGCUPFindingsOI3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY EAGLE PARTNERS / CUP.OO.OI3 - II / / EXBIBIT 2=--- .. '::SCRIPTION OF CHEVRON PARO A parc~i ofland in the SE~ NE~ of Section 17,1.3 N., Rl 1::.. B..M., Ciry of Meridian., Ada Counry, Idaho, being a portion of Lot 1 of me Amended lvfag:ic View Subdivision., the official plar of which is re:;orded in Book: 52 ofPlars at page 4445 and being more particularly desc<l.oed as follows: Commencing at the e:lSt 1/4 corne~ of said Se::non 17, markd by a brass cap montlITlenr in Eagle Road (Stare llighway No. 55) and loemed S.OQ022'lS''E., 2652.85 fee-:: ~om the brass cap monument in the inte~ec.::ion of said Eagle Road and West Frankiin Road which rna.rA.S the norrhe:m comer of said S~on 17; thenc:::, N.Oo022'18"W., 749.74 fee! along the e2.Si. line of said Se::rion 17 to the pain! of inte:-s~on of same with the c:::meriine oflvfagic View Drive; thenc~, S.8903S'2TW., 96.45 feet along said cemedine ro the poim ofime:sesrion of same with the westerly right of way line of said Eagie Road, as described in Deed lnsi:rumem no. 8843782; thence, Northerly, along said westerly right of way line along a curve to the right having a radius of 5799.58 feet, an arc length of 48.28 feet, a central angle of 00028'37", a chord bearing of N.Olc34'18"E., and a chord distance of 48.17 feet to the POll'll' OF BEGTh"'NlNG; thence, S.45C43'31"W., 27.74 feet along the proposed new nonhedy right of way line of1vf~~c View Drive to an an~Je point in same; thence, S.89038''27''W., 279.35 feet along said new northerly right of way line (29.00 fee! from c~nte~) to a point in the west line of said Lot 1 of the Amend....~ lvfagic View Subdivision; thence N.OQ006'2S"W., 442.31 feet along said west lot iine to a pomt in the south. right of way line of a proposed new street:; thence, S.8905705'l"f., 45.00 fee: along said south right or way line to a point; thence, S.OQ006'25"E., 158.00 feet along a line parallel with and 45.00 feet east: of the weS1: line of said Lot 1 of the ..A.mended Magic View Subdivision.; thence, S.89Q5705"E., 268.09 feet along a line parallel vrith and 266.00 feet south of the north line of said Lot 1, to a point in said westerly right ofw-a:y line ofFa~e Road; thence, Southerly, along said westerly right of way line, along a ctlIVe to the right having a radius of 5659.58 feet, an arc length of 73.01 feet, a central angle of 00044'21 ", a chord bearing of S.03019'13"W., and a chord distance of73.01 feet to a point of reverse curvanrre; thence, Southerly, along said right of way line, along a curve to the left having a radius of 5799.58 feet, an arc length of 190.27 feet, a c~nn:al an~le of 0 1052'47", a chord bearing ofS.02Q45'OO"W., and a chord distance of 190.26 feet to the POTh!' OF BEGTh1'll:NG, said CHEVRON PARCEL containing 93,335 square feet or 2.143 acres, more or if / / EXHIBIT ~ DESCRIPTION OF CREDIT UN10N P l~.RCE A pared orland in the SE:4 ~"EY,,- ofSe~on 17, 1.3 N., R 1 E., B.lvl, City of Meridian, Ada County, Idaho, being a portion of Lot 1 of the Amended lvIagic View SLIbciivision, the official pia! or wIDcn is recorded in Book 52 ofPbr.s at page 4445 and being more pan:icularjy described as foUo\VS: Commen~.ng ar the e:lSt 1/4 corner of said Section 17, marked by a brass cap monument in Eagie Road (Stare Highway No. 55) and located S.00022'18''E., 2652.85 f~! from the brass cap monumem in the intersection of said Eagle Road and West Fran..k:lin Road which maries the northeasr corner of said Section 17; thenc~, N.Oo022'18"Vl., 749.74 fee!. along the e::rsr line of said Section 17 to the pornt of imerse~on of same MID the centerii.ne afMrunc View Drive~ . - thence, S.89038'27"W., 96.45 f~r along said c~nterline to the point of imerse::non of same with the westerly right of way Line of said Eag:.ie Road, as descnbed in Deed Instrument no. 8843782; mence, Northeriy, along said.westerly right of way line along a curve to the right having a radius of 579958 fee!, an arc lengr..h of 23 8.54 fee~ a c::mra1 an~le of 02021 '24", a chord bearing of N.02c30'41 "E., and a chord dis-..ance of238.52 feeno a Doint ofreve:se curvature; menc~, Northerly, along said wesrerly right of way line, along a curve to the left having a ra.ci.ius of 5659.58 feet, an arc le~otb. of 73.01 fee~ a cenrra.l an~le ofOOc~ '~'21", a chord bearing of N.03019'13"E., and a chord d:is'..ance of73.01 fee! to the POlr"'rr OF BEGINNlN"G; thence, N.89057'05"W., 268.09 fuet to a poinr 45.00 feet e2SI of the We$! line of said Lot 1 ofme Punended Magic View Subdivision; thence, N.Ooo06'25"\\1., 158.00 feet along a line parallel with and 45.00 fee! e:ast of said west line to a pOmt 108.00 feet south of the north line of said Lot 1; thence, S.8905705"'E., 243.55 feer along a line parallel with and 108.00 feet south of the nortb.1ine of said Lor I, said line being the proposed southeriy right of way line of a new (as yet unnamed) stree; to an angle point in said proposed sourheriy righr of way line; thence, S.44008'40"E., 43.02 feet along said proposed right of way lme to a point in said westeriy right of way line of Eagle Road; thence, Southerly, along said wes-..erly right of way line, along a curve to the right having a radius of 5659.58 fee; an arc length of 127.26 feet, a cem:ral angie of 01 017'18", a chord bearing of S.02018'23"W., and. a chord diS"'"..aD.ce of 127.25 feet to the POINT OF BEGINNING, said CREDIT UNION P.~L'l::L comaining 42,434 souare feet or 0.974 acres, more or less. - . . 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CUSTOMER: CHEVRON JOB LOCATION: EAGLE ROAD & 1-84 I~ IDAHO dearh IIG. COPmIGHt Q ,... lHlS 15 AN UNPUBLISHED DAAWlNGiOESIGN SliBMITlEO ;on YOW pmSONAL US€ IN CONNECllON W1Jl.1 A PROJECT BEING PlANNEO POll YOU BY IDAHO ElEcmlC SIGfJS, INC. AND IS NOT [0 Sf REPllOOUCEO, COPIED Oil eXHIBlleo IN ANY FASHION WITHOUT WllllTEN PIillMISSION OP IDAHO EtECTlllC SIGNS, INC. SAlES, BOB I ",'''ONN I 11127f19 DESIGNER: Brede 2 CHANGED OAH, FROM 100' 10 77'. SUPPOflTS 10 HE flE.ENGINEERED EJtj,.'h;/ ..~ II ~ lHE COLailS DEPICTED IN THIS OllAWlN<; ASSiST YC{J IN VlSlJAUZ!NG 000 PROPOS MAY NOT MAtCH ACRIAl. COlons USED FINlSKED OISPl.AY~