HomeMy WebLinkAboutUniversity of Phoenix CUP-01-027BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09-04-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR
ESTABLISHEMENT OF A
SATELLITE CLASSROOM
FACILITY FOR THE
UNIVERSITY OF PHOENIX IN
A C-G ZONE, LOCATED AT
3080 GENTRY WAY,
MERIDIAN, IDAHO
ROCIOir MOUNTAIN
MANAGEMENT AND
DEVELOPMENT, LLC,
APPLICANT
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Case No. CUP-01-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entided 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 appearing and testifying on behalf
of the Applicant was Danny Sullivan, and no one appeared in opposition, and the
City Council having duly considered the evidence and the record in this matter and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
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
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
September 4, 2001, before the City Council, the first publication appearing and
~witten 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
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 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 3080 Gentry Way, Meridian, Idaho.
5. The owner of record of the subject property is Eagle Road Professional
Center 2, LLC, Boise, Idaho.
6. Applicant is Rocl~ Mountain Management and Development, LLC of
Boise, Idaho.
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
establishment of a satellite classroom facility for the University of Phoenix to offer
classes for Master's and Bachelor's Degrees. The C-G zoning designation within the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
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
an 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
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. All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code I 1-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
All exterior lighting, whether attached to the building or located within
the parldng lot, shall be down-shielded or otherwise altered so that the
light does not spill over onto adjacent properties or rights-of-way. All
parldng lot lighting shall be in accordance with Ordinance 11-13-4C.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. Ail signage
is subject to design review and shall require separate permits.
Temporary or portable signs shall be prohibited, and will be removed
upon 3 days notice to the applicant.
Ail construction and site improvements shall conform to the
requirements of the Ai-nericans with Disabilities Act.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of any tenant improvement.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
7. Applicant shall submit plans for tenant improvements for approval.
Adopt the Recommendations of the Sanitary Service Dept. as follows:
8. The new development will generate approx, 3 tons of cubic yards per
day. The existing waste enclosure and container should be adequate to
handle the additional material. The existing 7 cubic yards dumpster
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
shall have to be increased from 2 x per week to 5 x per week service
frequency.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
All laterals and waste ways shall be protected and all rnunicipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code § 31-3805. It is
recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Adopt the Recommendations of the Ada County Highway District as follows:
10.
ACHD policy requires that before any improvements of any ldnd are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
11.
All future design plans and construction shall be in accordance with the
ADHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically wavied in writing by the District.
12.
Contact the office for payment of possible road impact fees prior to
building construction in accordance with Ordinance # 193.
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 subiect property is designated on the "Generalized Land Use Map"
as Mixed/Planned Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
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 facilities 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).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
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.
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
hamronious 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
Will be served adequately by essential public facilities and services such
e. streets, police and fire protection, drainage structures, refuse disposal,
as highways,
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 ma}or importance.
5. Prior to granting a conditional use permit in the General Retail and
Service Commercial District (C-G), a public hearing shall be conducted with notice to
be published and provided to property ovmers 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
Cmm~nission 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."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
6. Following the public hearing and within 45 days after the contusion 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 Devdopment Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Coundl 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
and the Comprehensive Plan of the City of Meridian, which was adopted December
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
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
establishment of a satellite classroom facility for the University of Phoenix to offer
classes for Master's and Bachelor's Degrees in a C-G zone located at 3080 Gentry
Way, Meridian, Idaho, and in accordance with the drawing of the Site Master Plan
and attached hereto as Exhibit "A", and consisting of three pages, subject to the
following conditidns of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. All parldng and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
2. Ail exterior lighting, whether attached to the building or located within
the parldng lot, shall be down-shielded or otherwise altered so that the
light does not spill over onto adjacent properties or rights-of-way. Ail
parldng lot lighting shall be in accordance with Ordinance 11-13-4C.
3. All signage shall be in accordance with the standards set forth in Section
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I 1
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. All signage
is subject to design review and shall require separate permits.
4. Temporary or portable signs shall be prohibited, and will be removed
upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the
requirements of the Americans with Dxsabihtles Act.
6. A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of any tenant improvement.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
7. Applicant shall submit plans for tenant improvements for approval.
Adopt the Recommendations of the Sanitary Service Dept. as follows:
8. The new development will generate approx, 3 tons of cubic yards per
day. The existing waste enclosure and container should be adequate to
handle the additional material. The existing 7 cubic yards dumpster
shall have to be increased from 2 x per week to 5 x per week service
frequency.
Adopt the Recommendations of the Nampa Sc Meridian Irrigation District as
follows:
9. All laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code § 31-3805. It is
recommended that irrigation water be made available to all
developments within the Nampa Sc Meridian Irrigation District.
Adopt the Recommendations of the Ada County Highway District as follows:
10. ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
11.
12.
All future design plans and construction shall be in accordance with the
ADHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically wavied in writing by the District.
Contact the office for payment of possible road impact fees prior to
building construction in accordance with Ordinance # 193.
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 Cleric upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit 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 ~7"6_~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
dayof ~TtLP/w~bd,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED__~
VOTED__~
VOTED
VOTED__~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: q'-'~/~ '~)//
VOTED
MOTION: /]~d
APPROVEI~ ~"
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Worlcs
Department and the City Attorney....~~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
il
EAST AND WEST ELEVATION
NORTH AND SOUTH ELEVATION
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
ESTABLISHEMENT OF A
SATELLITE CLASSROOM
FACILITY FOR THE
UNIVERSITY OF PHOENIX IN
A C-G ZONE, LOCATED AT
3080 GENTRY WAY,
MERIDIAN, IDAHO
ROCICY MOUNTAIN
MANAGEMENT AND
DEVELOPMENT, LLC,
APPLICANT
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Case No. CUP-01-027
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 4th 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
establishment of a satellite classroom facility for the University of Phoenix to offer
ORDER CONDITIONAL USE PERMIT - 1
BY ROCKY MOUNTAIN MANAGEMENT
AND DEVELOPMENT / CUP-01-027
classes for Master's and Bachelor's Degrees in a C-G zone located at 3080 Gentry
Way, Meridian, Idaho, and in accordance with the drawing of the Site Master Plan
and attached hereto as Exhibit "A", and consisting of three pages, subject to the
following conditions of use and development:
Adopt the Recommendations of the Plamzing and Zoning and Engineering staff
as follows:
All parking and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
All exterior lighting, whether attached to the building or located within
the parking lot, shall be down-shielded or otherwise altered so that the
light does not spill over onto adjacent properties or rights-of-way. All
parking lot lighting shall be in accordance with Ordinance 11-13-4C.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. No signs were
requested under subject application and none are approved. All signage
is subject to design review and shall require separate permits.
Temporary or portable signs shall be prohibited, and will be removed
upon 3 days notice to the applicant.
All construction and site improvements shall conform to the
requirements of the Americans with Disabilities Act.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of any tenant improvement.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
7. Applicant shall submit plans for tenant improvements for approval.
ORDER CONDITIONAL USE PERMIT
BY ROCKY MOUNTAIN MANAGEMENT
AND DEVELOPMENT / CUP-01-027
-2
Adopt the Recommendations of the Sanitary Service Dept. as follows:
The new development will generate approx, 3 tons of cubic yards per
day. The existing waste enclosure and container should be adequate to
handle the additional material. The existing 7 cubic yards dumpster
shall have to be increased from 2 x per week to 5 x per week service
frequency.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
All laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code § 31-3805. It is
recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Adopt the Recommendations of the Ada County Highway District as follows:
10.
ACHD policy requires that before any improvements of any ldnd are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
11.
Ail future design plans and construction shall be in accordance with the
ADHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically wavied in writing by the District.
12.
Contact the office for payment of possible road impact fees prior to
building construction in accordance with Ordinance # 193.
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
ORDER CONDITIONAL USE PERMIT
BY ROCKY MOUNTAIN MANAGEMENT
AND DEVELOPMENT / CUP-01-027
The above conditions are concluded to be reasonable and the applicant
-3
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
dayof O~/) Cv~"~'k~
,2001.
f~c, bcrt I~. ~c, rfi~, M;~yc, r City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Z:\Work~AWieridian~Aeridlan 15360M~University of PhoenLx CUP01-027~OrderCUP01-027.doc
ORDER CONDITIONAL USE PERMIT
BY ROCKY MOUNTAIN MANAGEMENT
AND DEVELOPMENT / CUP-01-027
-4
EAST AND WEST ELEVATION
NORTH AND SOUTH ELEVATION