HomeMy WebLinkAboutFindings~ ~RECEIV'ED
MAC L ~~ tJ~O~
City of Meridian
Interoffice City Clerk Office
MEMORANDUM
To: William G. Berg, Jr.
From: William F. Nichols
Subject: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND
ORDER DENYING CONDITIONAL USE PERMIT FOR AMERITEL BY: B
AND ADEVELOPMENT /CUP-00-053
Date: March 26, 2001
Will:
Please find enclosed the FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER DENYING CONDITIONAL USE PERMIT
FOR AMERITEL BY B AND A DEVELOPMENT. I have prepared the FINDINGS
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.
Additionally, the original of the ORDER OF DENIAL OF
APPLICATION FOR CONDITIONAL USE PERMIT, was delivered to your office
on March 23, 2001.
If you have any questions on this matter please advise.
Z:\Work\M\Meridian\Meridian 15360M\AmeritelCUP053 VAR019\CityCIIcCUPDismissalOrder032301.doc
•
March 30, 2001 CUP 00-053
MERIDIAN CITY COUNCIL MEETING April 3, 2001
APPLICANT B 8~ A Development ITEM NO. ?s _~
.__-_
REQUEST Findings -Conditional Use Permit for athree-story, 87-room hotel in an L-O zone for
proposed Ameritel Inn -Eagle Road and I-84
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached Findings
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: `~,~ ~,,~ M ~~~ ~~,-, Date: ~~ Phone: ~~~- ~ ~ ~ ~
Materials presented at public meetings shall become property of the City of Meridian.
• •
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINRJS CHRISTOPIIFTt S. NYE
JULIE KI.EIN F[sclmt PIm,Ip A. PETERSOx
WM. F. GIGRAY, III ERIC S. RossMAx
BRENT J. JGIINSOx TODD A. ROSSMAN
D. $AMUFL JolINSOx DAVR) M. S WARTLEY
LARRY D. MOORS T~cE R WHITE~`~'
WII.LIAM A. MORROW MCHOLAS L. WOLLEN
WII.LIAM F. NICHOLS*
*Also admitted is OR
•'~ ALso admitted in WA
To: Staff
Applicant
Affected Property Owner(s)
Re: Application Case No.
ATTORNEYS AT LAW
200 EAST CARLTON AvE., SUITE 31
PosT OFFICE $0x1150
MERIDIAN, IDAHO 83680-1150
THa. (208) 288-2499
FAx (208) 288*2501 E-MAIL: @WPPMG.coM
February 16, 2001
CUP-00-05 3
NAMPA OFFICE
5700 E FRANKLIN RD., STS. 200
NAMPA, IDAHO 83687-8402
TEL. 208)466-9272
FAX (~2os) 466-0405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
FEB 21 2001
CITY OF MERIDIAN
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findin s and Recommendations of the Planning and
Zoning Commission shall be presented to the ~ity Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
im ortant t0 have a consistent format by which matters are presented at the public hearings
be~ore the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Plannng and Zoning Commission;
and
2. That you carefullx complete (be sure it is le 'ble) the Position
Statement if you disa ee with the Findings and~ecommendations
of the Planiung and Zoning Commission. The Position Statement
form for this application is mailable at the City Clerk's office.
It is recommended that you pprepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
Very truly yours,
City Attorney's Offi e
Irl
•
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 3-STORY
87 ROOM HOTEL IN L-O ZONE
Case No. CUP-00-053
RECOMMENDATION TO CITY
COUNCIL OF DENIAL
B AND A DEVELOPMENT,
Applicant
1. The property is located at the northeast corner of Magic View Drive and
Allen Street, Meridian, Idaho.
2. The owner of record of the subject property is Magic View Partners of
Boise.
3. Applicant is B and A Development of Boise.
4. 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.
5. The proposed application requests a conditional use permit fora 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 11-$-1).
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT - 3 STORY, 87 ROOM HOTEL IN AN L-O
ZONE - A AND B DEVELOPMENT
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they deny the conditional use permit as
requested by the applicant, based on the following:
The Development Agreement between the owner of the property and the City
of Meridian was written less than a year ago. In that Development Agreement, the
owner of the property represented that it would have some~thin~ built on this
property, but it was not a hotel. The property owner made a commitment, and it
would be inappropriate to grant the conditional use permit when a hotel was clearly
not what the property owner committed to.
Further, there has been absolutely no attempt made to comply with the
Development Agreement. These was no evidence presented as to why a hotel on this
property would be a more compatible use than an office building. The Planning and
Zoning Commission finds that the hotel is not a better use, but merely a different
use.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT - 3 STORY, 87 ROOM HOTEL IN AN L-O
ZONE - A AND B DEVELOPMENT
Finally, as defined in Meridian City Code, § 11-17-3C and D, this is not a
"harmonious" use of the property.
ey/Z:\Work\M\Meridian\Meridian 15360M\Recommendations\CUP053f'uneriTeldenial.wpd
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT - 3 STORY, $7 ROOM HOTEL IN AN L-O
ZONE - A AND B DEVELOPMENT
C~
•
March 16, 2001 CUP 00-053
MERIDIAN CITY COUNCIL MEETING March 20, 2001
APPLICANT B 8~ A Development ITEM NO. 1 1
REQUEST Public Hearing -CUP for athree-story, 87-room hotel in an L-O zone
for proposed Ameritel Inn -Eagle Road north of I-84
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
See attached Recommendations
~P~p~
c~ ~~ .~
~ `~ , i
2
1 ~'~'
BUREAU OF RECLAMATION:
OTHER: See attached letter from Nielsen; see attached modified landscape plan
Contacted: ~1.~1'(~, ~ s}'~~ ~~-~,1 Date: ~ ~ Phone: ~ 7~~ - 2.. ~j Z~j
Materials presented at public meetings shall become property of the City of Meridian.
•
January 26, 2001 CUP 00-053
MERIDIAN PLANNING i~ ZONING MEETING February 1, 2001
APPLICANT B and A DeVelOpment ITEM NO. 7
REQUEST Conditional Use Permit for a 3-story 87-room hotel in an L-O zone for proposed
Ameritel Inn
Magic View Drive /Allen Street west of Eagle Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
U$ WEST:
COMMENTS
See attached comments
See attached comments
Public safety concerns
See attached comments
~w
No remarks
No Comments ~" ~1
No Comments
See attached comments
See attached comments
See attached comments
~~~
~~ ~ ~
~ ~C
INTERMOUNTAIN GAS:
OTHER: See attached fromfjapplicant ~/
Contacted: ~~~yl,~~~-LL7 ~ Date: ~~~U ~d~ Phone:
Materials presented at public meetings shall become property of the eri ian~ / ~" ~~/
MAYOR
Robert D. Cowie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
To:
From:
Re:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY 4F MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • FAX (208) 887-4813
City Clerk Office Fax (208) 888-4218
Planning 8c Zoning Commission/Mayor & City Council
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • FAX 888-6854
Noy~C30, 2000
F~
c; p
Bruce Freckleton, Assistant to City Engineer c~ ~'t-YL~,°j ~ ,20~~
Brad Hawkins-Clark, Planner /~~~ e~.~er;Q,.
~~f~l ~~
Request for a Conditional Use Permit for a Three Story, 87-room Hotel (Ameri'I"e~ Inn)
by B & A Development in a Limited Office Zone. (File # CUP-00-053.1
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
This application proposes to construct athree-story, 87-room hotel on a 5-acre lot in the Amended
Magic View Subdivision. The Applicant has also submitted a Variance application to allow an
increased building height in the L-O zone. That application is being held for City Council review until
the P&Z Commission makes a decision on this CUP application. The subject lot was a part of the
"Magic View Office Complex" project Annexation and Conditional Use Permit by Magic View
Partners, LLC, approved by City Council on 3-7-00. By submitting a new CUP for this lot, the
Applicant is concurrently proposing to modify the existing Conditional Use Permit already approved
for this lot. While there is also a Development Agreement (DA) with binding conditions that was
approved with the annexation of this lot, no modification of the DA is required if the Applicant
complies with all the outstanding DA conditions listed herein.
[Note that the existing Magic View Partners CUP (#CUP-99-040) also pertains to Lot 3 of Magic
View Subdivision, west of subject dot. So, if approved, the subject CUP would modify only portions of
the existing CUP; it would not replace the permit in its entirety.)
LOCATION & SURROUNDING USES
The subject property is located immediately west of the Eagle Partners project (Chevron/McDonalds
and Credit Union), at the northeast corner of Magic View Drive and Allen Street. The lot is currently
zoned Limited Office, which allows hotels with a CUP.
The property is located in an area designated as Mixed/Planned Use Development in the
Comprehensive Plan.
The surrounding uses follow:
North -Greenhill Estates Subdivision No. 3 (large, single-family homes in awell-established
neighborhood), zoned R2, Ada County. Five homes are adjacent to the north of St. Luke's Rd.
CUP-00-053
AmeriTel Inn
Mayor, Council and P&Z
November 30, 2000
Page 2
South -Across Magic View Drive to the southeast is the Texaco/food mart facility. A new
multi-tenant office building is across Magic View to the southwest. Both lots are zoned C-G,
Meridian.
East -Eagle Partners complex (Idaho Power C.U. and Chevron/McDonalds), zoned C-G.
West -The new St. Luke's Road extension, currently being constructed, courses the western
boundary. The second 5-acre lot of the original CUP, proposed to contain a bank and other
office uses is west of St. Luke's Road. A 5-acre lot with asingle-family home is immediately
west of Lot 3.
CURRENT OWNER OF RECORD
The property owner of record is Magic View Partners, of which Winston H. Moore and James L. Boyd
are general partners. Both partners have submitted their consent for the subject application.
EXISTING CUP VS. PROPOSED CUP ANALYSIS
Ordinance 11-4-9.B., "Modification or Amendment of Applications Or Uses," allows approved
applications, including CUP's, to be amended, altered or modified through the same procedures as an
initial application. The conditions of the existing CUP do not restrict future modifications. In this light,
Staff analyzed some of the differences between the existing and proposed CUP and offer several
observations for the Commission and Council's consideration:
• Building Squaze Footage: The existing CUP for the subject property was approved at a total
of 33,500 s.f. of office use area. The hotel would contain approximately 53,600 s.f. of main
floor/room azea plus the recreation and vestibule areas on three (3) stories.
• Pazking: The existing CUP contains 134 parking spaces on Lot 2, approximately 40 of
which are situated at the northern end of the lot (nearest the residential). The hotel is
proposing 91 parking spaces (a difference of 43 spaces), the majority of which are situated
between the Chevron/McDonald's and Credit Union and the hotel in the center of the lot.
• Bulk: The existing CUP included two (2), single story buildings with standard L-O setbacks
and standard single story height. The hotel is proposing a three (3) story building with
standard L-O setbacks and a height of 57 feet.
• Landscaping: The existing CUP provides approximately 28,000 s.f. of landscaping (22% of
Lot 2). Staff did not calculate the landscaped azea of the proposed hotel site plan, but it
appears to be upwards of 30% of the gross land azea in landscaping. In addition to the
required 30-foot buffer on the north side of St. Luke's Street, the existing CUP provides a
30-foot buffer on the north end of Lot 2, for a total of 60 feet of landscape buffer width
between the building and Greenhill Estates Subdivision to the north. The proposed hotel
site plan shows an 85-foot buffer north of the building, for a total of 115 feet of landscape
buffer width
• Traffic & Use Intensity: As proposed 100% office uses, the existing CUP would typically
have moderate traffic impact during normal working day hours with virtually no impact at
night. The proposed hotel could potentially have moderate to heavy traffic impact
throughout a full 24-hour period. It should be noted that, as a Collector classification and
design, St. Luke's Street will be carrying traffic generated from the entire Magic View
Subdivision and its future uses, not only traffic generated by the hotel.
CUP-00--053
AmeriTel Im
Mayor, Council and P&Z
November 30, 2000
Page 3
SITE SPECIFIC REQUIREMENTS
1. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
2. Sanitary sewer and water service to this site will be provided via mains and services that were
installed as part of the recently completed St. Luke's road extension project.
3. Assessments for sewer and water service are determined during the building permit application
process.
4. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation
must be provided to all landscape areas on site. Please submit hook-up and design details based on
the proposed landscaping. Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the landscaped areas.
5. Existing Development Agreement Terms: A Development Agreement (DA}, recorded by Ada
County on 3-23-00 as Instrument #100021869, is binding on the subject property. Since Magic
View Partners was the developer/property owner who signed the DA, they are ultimately
responsible to the City for completion of these requirements -not B&A Development.' But since
B&A's application is the first proposed building in the Magic View Partner's project, Staff felt it
was most appropriate to include the outstanding annexation and. DA conditions herewith. The DA
allows office uses outright and requires a CUP for all other uses. Section 5 (page 4) of the DA also
contains 14 special conditions that must be met on this property. Staff has reviewed the 14 DA
conditions and listed below several conditions that must still be completed as part of the
annexation. We have suggested some new timefiames (shown in italics) for completion of these
items in tandem with the AmeriTel Inn project:
a. DA requires construction of a 4-foot berm and a 6-foot fence within a 30-foot wide
buffer along the north boundary of Lot 2. (This should be constructed prior to issuance
of AmeraTel Inn building permits.)
b. DA requires Magic View Partners to enter into a License Agreement with ACHD for
construction of the 30-foot berm (A copy of said agreement should be provided to the
P&Z Department at the time of CZC submittal.)
c. DA requires the existing utility easements in Lot 2 and 3 be vacated prior to applying
for building permits. (The Vacation applications should be approved by City Council
prior to submittal for a Certificate of Zoning Compliance for the hotel.)
d. DA requires dedication of all rights-of--way for the St. Luke's Road and Magic View
Drive by recorded Warranty Deed prior to the issuance of any building permits. (A copy
of said deed should be provided to the P&Z Department at the time of CZC submittal.)
e. Item #14, page 9, of the DA states that no Certificates of Occupancy will be issued on
this ground "until all infrastructure and other improvements which are imposed by the
terms of this agreement, the annexation ordinance, and the CUP are completed," unless
there is an amendment. Staff understands this condition to apply to the above a-d
conditions.
CUP-00--053
AmeriTel Inn
Mayor, Council and P&Z
November 30, 2000
,Page 4
6. As an application modification, the Applicant should provide to the P&Z Commission and Council
a list of all existing conditions (as outlined in Item #2, pages 10-13, of the Decision and Order
signed by the City on 3-7-00) and state which conditions he wishes to modify or delete vis-a-vis
the subject application. An 8 '/z x 11" copy of the approved Site Plan for Lot 2 should be attached
to this list of proposed modifications.
7. ACHD's staff report on this project does not approve the driveway off St. Luke's Road for the
trash enclosure, particularly given St. Luke's classification as a Collector. Staff concurs with this
and recommends the enclosure be relocated to the interior of the project, possibly in the southeast
corner of the site.
8. ACHD also states that the driveway locations off St. Luke's Road and Magic View are not
approved. Applicant should submit a revised Site Plan demonstrating compliance with ACHD's
conditions and approved curb cut locations.
9. Ordinance 11-13-S.B. requires one (1) pazking stall per hotel room plus one (1) stall for each two
(2) employees. The Applicant must provide the estimated number of employees at the highest shift
during the work week in order for the City to confirm the parking ratio is met by the plan. The plan
shows a total of 91 stalls, which appears to be low since this only leaves four (4) stalls for the
employees.
10. For 91 parking spaces, ADA requires a minimum of three (3) standard handicap accessible stalls
and one (1) van accessible stall, for a total of four (4) handicap accessible stalls. The Site Plan only
proposes two (2) stalls, both of which are van accessible. At least two (2) more standard handicap
accessible stalls should be provided.
11. The Applicant is proposing three (3) free-standing signs on the site -one (1), 75-foot pole mounted
sign and two (2), 6-foot monument signs. With frontage on three (3) different streets, Staff supports
the proposed number of signs (one per street frontage). However, we do not support the 75-foot,
319 s.f. pole sign. The Chevron/McDonalds 77-foot pylon sign is approximately 270 feet directly
east of the hotel's proposed pylon sign, both on Magic View Drive, which would create a
blanketing effect. Key differences between the Chevron/McDonalds sign aze: a) the hotel is located
in a Limited Office zone while Eagle Partners is zoned Commercial General; b) the hotel does not
have frontage on a state highway while Eagle Partners has frontage on Eagle Road/SH 55; c) Eagle
Partners' immediate competition (Texaco) has a 77-foot pylon sign while AmeriTel Inn's
competition (Holiday Inn Express) has a 20-foot pylon sign. Staff recommends the pylon sign be
limited to a maximum background area/sign face of 80 s.f. and a maximum height of 15 feet.
GENERAL REQUIREMENTS
1. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian
Zoning and Development Ordinance andlor as detailed in site-specific requirements.
2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D.
and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
CUP-00--053
AmeriTel Inn
Mayor, Council and P&Z • •
November 30, 2000
Page 5
3. 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. All site
drainage shall be contained and disposed of on-site.
4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-13-4.C.
5. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public Works
Department.
7. Provide a minimum of one (1) three-inch (3") caliper tree per 1,500 sq. ft. of asphalt area on the
site in accordance with City Ordinance Section 11-13-4.B.3.c.
8. All trash and/or gazbage collection areas shall be enclosed on at least three (3) sides in
accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and
construction requirements with Sanitary Service Company (SSC) and provide a letter of
approval from SSC to the Planning & Zoning Department prior to applying for building
permits.
9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K.
10. All construction shall conform to the requirements of the Americans with Disabilities Act.
CUP-00-053
AmeriTel Inn
r
•
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF W. H.
MOORS CO., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10 ACRES LOCATED ON
THE NORTH SIDE OF MAGIC
VIEtiV DRIVE WEST OF EAGLE
ROAD FOR MAGIC VIEW
OFFICE COMPLEX
Case No. AZ-99-022
03-0`?-00
~C
FE~B~ 20j07
CITY OF MER4'DIAN
FINDINGS OF FACT AND
CONCLUSIONS OF LAtiV,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND ,
ZONING
The above entitled annexation and zoning application having come on
for public hearing on January 18, 2000, at the hour of 7:30 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of W. H. Moore Company vas Jonathan Seel, and also appearing
and testifying were affected property owners, Church Harl and Howard Foley, and
having received the Recommendation to City Council of the Planning and Zoning
Commission on this matter, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022
•
STATEMENT OF LEGAL AUTHORITY A,I~1D JURISDICTION:
CONCLUSIONS OF LAW.
Icrdicial Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
Arcrce.YCCtion:
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area which is
designated in the Comprehensive Plan City of Meridian adopted December 21, 1993,
Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3.
2. The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recommendation from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
hearing procedures provided in Section 67-6509, Idaho Code and concurrently or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
Ai~1D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022
~- w
immediately Following the adoption of an ordinance of annexation, the City Council
shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian Citv
Code § 11-16-1.]
Zoning:
-~
3. The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [I.C. § 67-6511].
4. The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [Meridian City Code § 11-1-3.]
S. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Meridian City Code §§ 11-1 - 11-21.]
S.1 The "Zoning Ordinance" provides a zoning district (L-O) Limited
Office District which is defined as: [Meridian City Code § 11-7-2
G.]
(L-O) Limited Office District: The purpose of the L-O District
is to permit the establishment of groupings of professional,
research, executive, administrative, accounting, clerical,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
Ai~ID DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
~ ~
stenographic, public ser~zce and similar uses. Research Uses shall
not involve heave testing operations of any kind or product
manufacturing of such a nature to create noise, vibration or
emissions of a nature offensive to the overall purpose of this
District. The L-O District is designed to act as a buffer between
other more intense nonresidential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in
this District.
5.2 The "Zoning Ordinance" provides fora "Zoning Schedule For Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and permitted accessory use.
[Meridian City Code § 11-6-1.]
5.3 The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [Meridian City Code § 11-6-1.]
5.4 The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [Meridian City Code §
11-15-1 .- 11-15-6.]
5.5 The General Standards Applicable To Zoning Amendments
include the following [Meridian City Code § 11-15-11 ]
5.5.1 Will the ne~v zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the ne~v zoning -for example, a residential area turning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses 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;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area 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 zoning amendment shall be able to provide
adequately any of such services;
5.5.8 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;
5.5.9 Will the proposed uses 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;
5.5.10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
Ai~1D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022
5.5.11 Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
5.5.12Is the proposed zoning amendment in the best interest of
the City of Meridian.
6. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Comprehensive Plan City of Meridian adopted December
21, 1993, Ord. No. 629, January 4, 1994.
Development Conditions:
7. The City is authorized by I.C. § 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11-
16-4.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Meridian City Code § 11-2-4 which pertains to development time schedules and
FINDINGS OF FACT A.t~ID CONCLUSIONS OF LAW - Page 6
A.1~1D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE
COMPLEX / BY: W.H. MOORS CO. / CASE NO. AZ-99-022
• ~ FILE COPY
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03-20-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 3-STORY
8 7 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 Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant were:
Bryon Smith, Kris Forte, 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 comments/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 hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL. USE PERMIT
B AND ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - I
•
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 March 20,
200, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property under consideration 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 ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 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 I-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 fora 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 11-8-1).
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND ADEVELOPMENT / 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.
14. 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 ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 4
CJ
•
17. The building setbacks 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 ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - S
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;
d. Will not be hazardous but 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;
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-
O), 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 ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 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 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."
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:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D, Assure that the development is maintained property;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 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:
1. 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 ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 8
City Clerk and then a copy served by the Cleric upon the applicant, the Planning and
Zoning Department, the Public Worlcs 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.
By action of the City Council at its regular meeting held on the ~ ~~ day
of , 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED__~~~
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED__~
COUNCILWOMAN CHERIE McCANDLESS VOTED_!'/~~--
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: r (~/~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053) - 9
MOTION:
APPROVED:
Copy served upon Applicant,.Planning and
`,,
DISAPPROVED:
Department, Public Works
Department and the City Attorney.~~~~a` ~ ~r_ `r~~~`r_
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER DENYING CONDITIONAL USE PERMIT
B AND ADEVELOPMENT / AMERITEL INN L-O ZONE / (CUP-00-053)
10
~ ~~~n
MAR 2 3 2001
City o! Meridian
interoffice- City Clerk uniae
MEMORANDUM
To: William G. Berg, Jr.
From: William F. Nichols
Subject: AMERITEL BY: B AND A DEVELOPMENT /CUP-00-053
Date: March 23, 2001 ~ pe.-l~.Qik.~ ~'o~~'b~~
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:\Work\M\Meridian\Meridian 15360M~AmeritelCUP053 VAR019\CityCIkCUPDismissalorder032301.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-00-05 3
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`f' 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 Planning 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 Forte,
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
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 Council 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 Title 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 3?h day of ~~~~'~"~ , 2001.
DECISION OF DENIAL
ROLL CALL:
COUNCILMAN ANDERSON VOTED--~
COUNCILMAN BIRD VOTED_ ~~~-
COUNCILWOMAN deWEERD VOTED__Z~~
COUNCILWOMAN McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 3 -Q~
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. r+~+r'°`""""'~~r,
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By' ~%~~~ ~ ~~ate = ~'~~~~
City Clerk = ' `" ~
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ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT
BY B AND A DEVELOPMENT / (CUP-00-053)
-4
•
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Meridian, Idaho
SNe Plan
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Byron lee smith
_______-_ architect`
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AMERITEL INN- EAGLE SPEC~UM
MERIDI,4N, IDAND
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CERTIFICATION OF HEARING NOTICE SIGN IQr&~O fi~~
e
I Byron Smith (AmeriTel Ins, Inc.) do hereby certify that a hearing notice sign for
AmeriTel Inn-Conditional use permit was placed at the subject parcel on January 24,
2001.
Byro Smith
STATE OF IDAHO
County of Ada
On this 24~' day of January 2001, before me, the undersigned, personally appeared
Byron Smith, known to me to be the person whose name is subscribed to the within
instrument, who, being by me first duly sworn, did depose and say the he executed the
foregoing instrument.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day
and year in this certificate first above written.
1 ~s'~J d~4 L'a ~
,,,°;y~~~~~,,.
otary Public for Idaho
Residing at+~y~~ ~~.~ C'I~~~.r~~~~Ur ~;~~ sc~)
My Commission Expires