HomeMy WebLinkAboutMeridian Chamber of Commerce CUP-01-017BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09-04-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR EXPANSION
OF CHAMBER OFFICE AND
VISITOR CENTER IN A C-G
ZONE, LOCATED AT 215 E.
FRANKLIN ROAD, MERIDIAN,
IDAHO
MERIDIAN CHAMBER OF
COMMERCE,
APPLICANT
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Case No. CUP-Oi-O17
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on September 4, 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 no one appeared in opposition,
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
Con~nission who conducted a public hearing and the iCouncil having heard and
taken oral and written testimony, and having duly cortsidered the matter, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE pERMIT - I
Council hereby makes the following Findings of Fact, Conclusions of Law and
Decision and Order to-wit:
FINDINGS OF FACT
I. A notice of a public heating on the conditional use permit was published
for two (2) consecutive weeks prior to the said public heating scheduled for
September 4, 2001, 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 September 4, 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 heating requirements set
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
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 C-G zone and 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.
4. The property is located at 215 E. Franldin Road, Meridian, Idaho.
5. The owner of record of the subject property is Meridian Chamber of
Commerce, Meridian, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned C-G. The zoning district of C-G
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8.
The proposed application requests a conditional use permit for
expansion of the chamber office and visitor center. The C-G 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. 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.
12. Giving due consideration to the comment 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 following conditions 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, and
in accordance with the drawing of 7-16-01, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.
2.
Existing landscaping and parldng shall be retained.
All construction shall be done in accordance with the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
3. No new signs are requested with this permit and none are approved.
As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the remodel and expansion of the Chamber building
and public restrooms.
Adopt the Recommendations of the Ada County Highway District as follows:
Provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements for approximately lO0-
feet of 5-foot wide concrete sidewalk on Franldin Road abutting the
parcel. Franklin Road (in this location) is in the Five-year work program
for construction in FY 2003 and is currently in the design stages.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel. Applicant is not proposing any new access and none are
approved with this application.
Adopt the Recommendations of the Meridian Fire Department as follows:
All codes will need to be met.
13. 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:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Parks".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
15.
The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public fadlities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. 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.
18. 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
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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
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 permks 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.
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
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;
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 danmge of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the General Retail and
Service Commerdal District (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 §
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 I5 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 heating and the Council may approve, deny, or modify the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
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 recominend
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;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
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:
The above named applicant is granted a conditional use permit for expansion
of the chamber office and visitor center in a C-G zone located at 215 E. Franldin
Road, Meridian, Idaho, and in accordance with the drawing with date stamped:
RECEIVED JUL 24 2001 CITY OF MERIDIAN, subject to the following conditions
of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Existing landscaping and parking shall be retained.
2. All construction shall be done in accordance with the Americans with
Disabilities Act.
3. No new signs are requested with this permit and none are approved.
4. As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
5. A Certificate of Zoning Compliance and a Building Permit shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
obtained prior to the remodel and expansion of the Chamber building
and public restrooms.
Adopt the Recommendations of the Ada County Highway District as follows:
Provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund
at the District for the required street improvements for
approximately 100-feet of 5-foot wide concrete sidewalk on Franldin
Road abutting the parcel. Franldin Road (in this location) is in the
Five-year work program for construction in FY 2003 and is currently
in the design stages.
Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel. Applicant is not proposing any new access and none are
approved with this application.
Adopt the Recommendations of the Meridian Fire Department as follows:
All codes will need to be met.
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 permit.
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 Worlqs Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - ! 1
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 approval may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of , 200 .
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAICd~R>
DATED:
MOTION:
apPROWOeJZ /DISAPPROVED:
VOTED
VOTED fi. ga..
VOTED
VOTED ~a_._
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
Ci~yClerk ' ~ ~ ~ I ~ _ I I
Z:5~Vor Icier i~ an~eridia n 15360~idi~ C~01 ~fCIsCUP01-017.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/04/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR EXPANSION
OF CHAMBER OF COMMERCE
OFFICE AND VISITOR CENTER
IN A C-G ZONE, LOCATED AT
215 E. FRANKLIN ROAD,
MERIDIAN, IDAHO
MERIDIAN CHAMBER OF
COMMERCE,
APPLICANT
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Case No. CUP-01-017
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 4m day of
September, 2001, under the provisions of Meridian City Code § 11-17-4 for final
action on conditional use permit application and the Council having received and
approving the Recommendation of the Planning and Zoning Commission the Council
takes the following action:
2. That the above named applicant is granted a conditional use permit for
expansion of chamber office and visitor center in a C-G zone located at 215 E.
Franklin Road, Meridian, Idaho, and in accordance with the drawing with date
stamped: RECEIVED JUL 24 2001 CITY OF MERIDIAN, subject to the following
conditions of use and development:
ORDER CONDITIONAL USE PERMIT - 1
BY MERIDIAN CHAMBER OF COMMERCE / CUP-O1-017
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
Existing landscaping and parldng shall be retained.
All construction shall be done in accordance with the Ai~xericans with
Disabilities Act.
No new signs are requested with this permit and none are approved.
As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the remodel and expansion of the Chamber building
and public restrooms.
Adopt the Recommendations of the Ada County Highway District as follows:
Provide a $2,000.00 deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements for approximately 100-
feet of 5-foot wide concrete sidewalk on Franldin Road abutting the
parcel. Franldin Road (in this location) is in the Five-year work program
for construction in FY 2003 and is currently in the design stages.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel. Applicant is not proposing any new access and none are
approved with this application.
Adopt the Recommendations of the Meridian Fire Department as follows:
Ail codes will need to be met.
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
ORDER CONDITIONAL USE PERMIT
BY MERIDIAN CHAMBER OF COMMERCE / CUP-O i-017
-2
conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
day of
-Robert ~...~on4c, Ma--or Cit o, M~tidian .
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Dated: ~'-//~'q~// [~~
iommetce CUP01-017~Or der GU 0~~
City Clerk
Z:\WorkkMXaVleridianhMeridian 15360M~tvleridian Chamber of C
ORDER CONDITIONAL USE PERMIT
BY MERIDIAN CHAMBER OF COMMERCE / CUP-01-017
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