HomeMy WebLinkAboutHampton Inn CUP REVinteroffice
MEMORANDUM
RECEI~rED
To: William G. Berg, 7r.
From: Wm. F. Nichols
Date: June 27, 2003
JUN 2 7 2003
City Of Meridiazl
City Clerk Office
Subject: Pinnacle Engineers, Inc. /Findings of Fact Conclusions of Law and Decision and
Order Granting Request for approval to modify approved Final Plat lot lines, move
approved hotel and office locations, reduce hotel size to 80 rooms and increase
office building area for Fallon Greens Subdivision, and corresponding Case
Numbers CUP-Ol-044 revised Findings and Order, and PFP-Ol-010 revised
Findings, and Revised First Addendum to Development Agreement
Files: MI-03-001 -Revised First Addendum, CUP-Ol-044 -Amended CUP Findings and
Order, and PFP-Ol-010 -Amended PFP Findings
w~u:
Please find attached the original of the FINDINGS OF FACT CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO
MODIFY APPROVED FINAL PLAT LOT LINES, MOVE APPROVED HOTEL AND
OFFICE LOCATIONS, REDUCE HOTEL SIZE TO 80 ROOMS AND INCREASE OFFICE
BUII,DING AREA for Fallon Greens Subdivision by Pinnacle Engineers, Inc. Additionally, you
will find attached the Revised First Addendum, Amended Conditional Use Permit Findings and
Order, and the Amended Preliminary/Final Plat Findings, all documents are pursuant to action of
the Council at their March 11, 2003 meeting, and they will need to be added to the appropriate
documents as Exhibit "A". The MI-03-001 Findings will be on an upcoming Council agenda, and
the re~„a;ning Findings will need to have the appropriate signatures and then distributed
accordingly. The Revised First Addendum will need the signatures executed and then placed
upon an upcoming Council agenda for approval.
Please serve conformed copies of all the above documents upon the Applicant and
the Planning and Zoning Department, Public Works and the City Attorney office, if Council ---
approves the Findings.
If you have any questions arise please advise.
Z:1WorklMlMeridian\Meridian 15360b1~Fallon Greens Sub (tka Hampton bm Sib) MI-03-OOI~Berg Memo 06 27 03.doc
BEFORE THE CITY COUNCIL OF THE CTTY OF MERIDIAN
C/C 03-26-02
Revised per C/C 03-11-03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 92 ROOM
HOTEL AND ONE SINGLE STORY
OFFICE BUILDING AND ONE
TWO STORY OFFICE BUILDING
IN A C-G ZONE FOR HAMPTON
INN HOTEL, LOCATED AT THE
SOUTHWEST CORNER OF ALLEN
STREET AND GENTRY WAY,
MERIDIAN, IDAHO
Case No. CUP-Ol-044
AMENDED
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
MERIDIAN HAMPTON CENTER,
LLC,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on March 5, 2002, and continued until Mazch 26, 2002, 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, Wes Steele, appeared and testified, and the City Council having duly considered
the evidence and the record in this matter and the Recommendations to City Council issued by
the Planning and Zoning Commission who conducted a public hearing and the Council having
heard and taken oral and written testimony, and having duly considered the matter, the City
Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT (CUP-of-o44)
Order to-wit:
FINDINGS OF FACT
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 5, 2002 and
continued until March 26, 2002, 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 5,
2002 and continued until March 26, 2002, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdicfion 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 as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMTT (CUP-o><-044) 2
4. The property is located at the southwest corner of Allen Street and Gentry Way,
Meridian, Idaho.
The owner of record of the subject property is John and Alberta Sonntag of Boise,
Idaho.
6. Applicant is Meridian Hampton Center, LLC of Sparks, NV.
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 development of
one 92 room Hampton Inn Hotel, one single story office building and one 2-story office building.
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.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) 3
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 subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. The applicant shall provide ACHD with a copy of a recorded cross access easement for the
use of the common driveways and parking lots.
2. The applicant shall be responsible for obtaining a sepazate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements for
the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance.
4. hutiafion of work on the planned development shall take place within eighteen months, asset
forth in section 11-17-4. All phases of the planned development shall be completed within 5
years of the date of approval; approval of any un-initiated phases will lapse after that time
unless a time extension is granted by the Council (MCC 12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal
number of caliper inches of trees, in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed azound the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified
to include hotel and office uses as uses permitted by the Development Agreement.
8. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) 4
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
10. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement for joint
drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
15. Provide five-foot-wide sidewalks throughout development in accordance with City
Ordinance.
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet L1.0).
Adopt the Recommendations of the ACHD as follows:
Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will not be compensated for this additional right-of--way because Allen Street is a local
commercial street and is to be brought to adopted standards by the developers of abutting
properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall beconstructed to nne-half of a 40-foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRAN'T'ING
CONDITIONAL USE PERMIT (CUP-o1-o44) 5
4. Ufility street cuts in pavement less than five yeazs old aze not allowed unless approved in
writing by the District.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
Any existing irrigation facilities should be relocated outside of the right-of--way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
• Proposed driveway # 1 is located on Allen Street approximately 30-feet south ofthe northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
:• Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-
feetbeyond the edge of pavement of Allen Street.
• Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of 25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this, application, direct lot orpazcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January
18, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. Afire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-o1-o44) 6
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall, be 28' inside and 48' outside radius.
The roadways shall be built to ACHD standards.
6. The vertical cleazance for the covered loading area shall be 13' 6".
Adopt the Recommendation of the Nampa & Meridian Irrigation District
1. Applicant shall apply for a land use change/site application.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code §31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfaze, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a gassy Swale prior to dischazge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
Applicant shall allow fora 12' Minimum enclosure gate opening per garbage container.
Addifionally, comply with the action of the City Council taken at their March 26, 2002 meeting
as follows:
1. The signage package shall meet the Meridian City Code, and shall also specifically
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-oi-044) 7
address where the sign is intended to be located to the freeway, and shall clarify the
placement of the monument signs that are proposed.
Additionally; comply with the action of the City Council taken at their March 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, flea Hampton Inn
Subdivision, as follows:
The new Site Plan is dated Ol FEB 03, Sheet Al.l, Drawn: WAS, Job: 01217-1, by
Habitec.
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
"Mixed/Planned Use Development".
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. It is found that the
height of the Hampton Inn Hotel, if measured from adjacent grade to the top of the building is
slightly taller (approximately 45'6") than the maximum 40' height allowed in the C-G zone. The
City deFmes building height of mansard roof structures, like the hotel, as the vertical distance
measured from the grade of the front of the building to the deck line of a mansard roof. The deck
line of the hotel roof is 39' and is hereby in conformance with Meridian City Code.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT (CUP-o><-044) 8
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 genera] welfaze by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors.
18. The proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public streets; it is found
that the proposed use will not create significant interference with any traffic on the surrounding
public streets as long as ACHD requirements are met and all approaches and traffic control
measures are installed.
19. The development will not result in the destruction, loss or damage of natural or
scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
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 (LC. §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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT (CUP-of-o44) 9
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. That the site is large enough to accommodate the proposed use and all yards, open spaces,
parking, landscaping and other features as maybe required by this Ordinance;
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
C. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area;
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
E. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the
proposed conditional use shall be able to provide adequately any such services;
F. That the proposed use will not create excessive additional cost for public facilities and
services and will not be detrimental to the economic welfaze of the community;
G. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive producfion of traffic, noise, smoke, fumes, glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) io
H. That the proposed use will have vehicular approaches to the property which shall be so
designated as not to create interference with traffic on surrounding public streets; and
I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance.
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 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 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 beheld 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 approva]
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CLIP-of-o44) ii
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
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:
That the above named applicant is granted a conditional use permit for
development of one 92 room Hampton Inn Hotel, one single story office building and one 2-story
office building in a C-G zone located at the southwest corner of Allen Street and Gentry Way,
Meridian, Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) >I a
follows:
1. The applicant shall provide ACHD with a copy of a recorded cross access easement for
the use of the common driveways and pazking lots.
2. The applicant shall be responsible for obtaining a sepazate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be
waived as the result of any change in tenancy or ownership of any or all of the lands
governed by this CUP application. All such conditions shall be deemed the requirements for
the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance.
4. Initiation of work on the planned development shall take place within eighteen months, asset
forth in section 11-17-4. All phases ofthe planned development shall be completed within 5
years of the date of approval; approval ofany un-initiated phases will lapse after that time
unless a fime extension is granted by the Council (MCC12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal
number of caliper inches of trees, in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed around the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified
to include hotel and office uses as uses permitted by the Development Agreement.
8. 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.
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
10. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking azeas. All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement for joint
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDTI'IONAL USE PERMIT (CUP-ov-o44) ig
drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
13. Outside lighting shall be designed and placed so as not to direct illumination on any neazby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing
signs will be permitted.
15. Provide five-foot-wide sidewalks throughout development in accordance with City
Ordinance.
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet L1.0).
Adopt the Recommendations of the ACHD as follows:
Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the pazcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The
owner will not be compensated for this additional right-of--way because Allen Street is a
local commercial street and is to be brought to adopted standards by the developers of
abutting properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constmcted tonne-halfof a 40-foot street section.
Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street section.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
5. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be home by the developer.
7. Any existing irrigation facilities should be relocated outside of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-o1-o44) i4
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
Drive;
• Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
:• Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-
feetbeyond the edge of pavement of Allen Street.
• Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of 25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January
18, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius.
5. The roadways shall be built to ACHD standazds.
6. The vertical clearance for the covered loading area shall be 13' 6".
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) i5
Applicant shall apply for a land use change/site application.
All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code §31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
Applicant shall allow fora 12' Minimum enclosure gate opening per gazbage container.
Additionally, comply with the action of the City Council taken at their Mazch 26, 2002 meeting
as follows:
The signage package shall meet the Meridian City Code, and shall also specifically
address where the sign is intended to be located to the freeway, and shall clarify the
placement of the monument signs that are proposed.
Additionally, comply with the action of the City Council taken at their Mazch 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, Ika Hampton Inn
Subdivision, as follows:
The new Site Plan is dated Ol FEB 03, Sheet Al.l, Drawn: WAS, Job: 01217-1, by
Habitec.
2. The conditions shall be reviewable by the Council pursuant to Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) i6
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use 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
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 maybe 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
2003.
ROLL CALL:
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-of-o44) 1']
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:\Work\MVNertdianN-teridian 15360M\Hampton lnn CUP01-044 PFPOI-OIOVtevisedPtCIsCUP01-044 per Counci1031103.d¢
FINDINGS OF FACT' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-o>t-o44) >t8
BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN
C/C 03/26/02
Revised per C/C 03/11/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 92 ROOM
HOTEL AND ONE SINGLE STORY
OFFICE BUILDING AND ONE
TWO STORY OFFICE BUILDING
IN A C-G ZONE FOR HAMPTON
INN HOTEL, LOCATED AT THE
SOUTHWEST CORNER OF ALLEN
STREET AND GENTRY WAY,
MERIDIAN, IDAHO
Case No. CUP-Ol-044
AMENDED
ORDER GRANTING
CONDITIONAL USE PERMIT
MERIDIAN HAMPTON CENTER,
LLC,
APPLICANT
This matter coming before the City Council on the 26th day of Mazch, 2002,
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
a 92 room hotel and one single story office building and one two story office building in a C-G
zone located at the southwest corner of Allen Street and Gentry Way, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
ORDER CONDITIONAL USE PERMTT - 1
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC /CUP-o1-o44
1. The applicant shall provide ACRD with a copy of a recorded cross access easement for the use of
the common driveways and parking lots.
2. The applicant shall be responsible for obtaining a separate sign permit for each sign.
3. All conditions placed on this application shall run with the land and shall not lapse or be waived
as the result of any change in tenancy or ownership of any or all of the lands governed by this
CUP application. All such conditions shall be deemed the requirements for the issuance of a
Certificate of Occupancy for any use or structure as per City Ordinance.
4. Initiation of work on the planned development shall take place within eighteen months, as set
forth in section 11-17-4. All phases of the planned development shall be completed within 5
years of the date of approval; approval ofany un-initiated phases will lapse after that time unless
a time extension is granted by the Council (MCC 12-6-8).
5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number
of caliper inches of trees, in conformance with the Landscape Ordinance.
6. Temporary fencing shall be installed around the project during construction to prevent
construction debris from blowing onto adjacent properties and roadways.
7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to
include hotel and office uses as uses permitted by the Development Agreement.
8. 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.
9. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving engineered backfill.
10. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
11. Paving and striping shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer for all off-street parking areas. All site drainage shall be
contained and disposed of on-site. An operation and maintenance agreement for joint drainage
facilities shall be developed for inclusion in the CC&R's of the subdivision.
ORDER CONDITIONAL USE PERMIT - a
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC /CUP-o1-o44
13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
14. All signage shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs
will be permitted.
15. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance.
16. All construction shall conform to the requirements of the Americans with Disabilities Act.
17. Landscaping shall be installed as submitted (Sheet L1.0).
Adopt the Recommendations of the ACHD as follows:
Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will not be compensated for this additional right-of--way because Allen Street is a local
commercial street and is to be brought to adopted standards by the developers of abutting
properties.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street
abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel.
Improvements shall be constructed to one-half of a 40-foot street secfion.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
6. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
should be borne by the developer.
Any existing irrigation facilities should be relocated outside of the right-of--way.
8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway
ORDER CONDITIONAL USE PERMIT - g
PLANNED DEVELOPMENT BY MERiDAN
HAMPTON CENTER, LLC /CUP-o1-o44
Drive;
• Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northem
property line. This location meets District policy and is approved with this application. Pave
the driveway to its full-required width of25 to 30-feet and to a point 30-feet beyond the edge
of pavement of Allen Street.
• Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the
northern property line. This location meets District policy and is approved with this
application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-
feetbeyond the edge of pavement of Allen Street.
• Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the
intersection of Allen Street and Freeway Drive. This location meets District policy and is
approved with this application. Pave the driveway to its full-required width of 25 to 30-feet
and to a point 30-feet beyond the edge of pavement of Freeway Drive.
9. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
10. Comply with all of ACHD's Standard Requirements listed in their report dated January 18,
2002.
Adopt the Meridian Fire Department Recommendations asfollows:
A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire
project. Applicant shall show all proximity hydrants within 500' of the project on the
construction drawings.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department. Water supply shall be provided before combustible construction begins.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius.
5. The roadways shall be built to ACHD standards.
6. The vertical clearance for the covered loading area shall be 13' 6".
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
ORDER CONDITIONAL USE PERMTT _ 4
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC /CUP-of-o44
1. Applicant shall apply for a land use change/site application.
2. All laterals and waste ways must be protected and all municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans. The developer must comply with Idaho Code §31-3805.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendations of Sanitary Services as follows:
Applicant shall allow fora 12' Minimum enclosure gate opening per garbage container.
Additionally, comply with the action of the City Council taken at their Mazch 26, 2002 meeting
as follows:
1. The signage package shall meet the Meridian City Code, and shall also specifically
address where the sign is intended to be located to the freeway, and shall clarify the
placement of the monument signs that are proposed.
Additionally, comply with the action of the City Council taken at their March 11, 2003 meeting
in corresponding Case No. MI-03-001, for Fallon Greens Subdivision, fka Hampton Inn
Subdivision, as follows:
The new Site Plan is dated Ol FEB 03, Sheet Al.l, Drawn: WAS, Job: 01217-1, by
Habitec.
ORDER CONDITIONAL USE PERMIT - 5
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC /CUP-of-o44
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. 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 regulaz meeting held on the day of
2003
Robert D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Z:\Work\M\MeridianUvleridian 15360M\Hampton lnn CUPO1-044 PFP01-010\RevisedOrclerCUPOlA44pa Counci1031103.dac
ORDER CONDITIONAL USE PERMIT - 6
PLANNED DEVELOPMENT BY MERIDAN
HAMPTON CENTER, LLC /CUP-of-o44