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HomeMy WebLinkAboutUniversity of Phoenix CUP03-031BEFORE THE CITY COUNCIL OF THE CITY OF MERII)IAN C/C 08/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN EDUCATIONAL FACILITY IN A 9,058 SQ. FT. TENANT SPACE IN AN EXISTING BUILDING IN AN L- O ZONE FOR UNIVERSITY OF PHOENIX, LOCATED AT 2950 EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO Case No. CUP-03-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT UNIVERSITY OF PHOENIX, APPLICANT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jonathan Seel, 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 Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 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 August 5, 2003, 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 August 5, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 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 an L-O 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 PERMIT PAGE 2 OF 16 4. The property is located at 2950 East Magic View Drive, Meridian, Idaho, located at the northwest corner of S. Allen Street and Magic View, within the recently platted Mystery View Subdivision, Meridian, Idaho 83642. The following uses surround the subject property: North -Mountain West Bank (within same business park), zoned L-O, and Greenhill Estates Subdivision, zoned R-2 (Ada County) South -Multi-tenant office/medical building, zoned C-G East - Subway restaurant and vacant office lots, zoned L-O West - Single-family residential, zoned RUT (Ada County) 5. The owner of record of the subject property is Magic View Partners of Boise, Idaho, and they have provided notarized consent for Larson Architects to submit the subject conditional use permit application. 6. Applicant is University of Phoenix, 46 B East Elwood Street, Ste. 160, Phoenix, AZ 85040. The subject property is currently zoned L-O (Limited Office) and is subject to a recorded Development Agreement. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The subject property is located in an L-O (Limited Office) zone. A Conditional Use Permit was granted under the name "Magic View Office Complex" on 3-7-00 which allowed multiple buildings on a lot (for both five acre parcels on either side of Allen.) A Development Agreement (Instrument No. 100021869, dated 3-23-00) is also in effect for the property which restricts all uses on the original ten (10) acres approved under the CUP to professional office uses. Specifically, Section 4.1 on page 4 of the Development Agreement states: "The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at MCC 11-7-2, which are herein specified as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 Development of Limited Office." Staff required a CUP application for the proposed use due to their interpretation that an educational facility serving upwards of 100 students that operates until after 10:00 p.m. was not compatible with a typical "professional or limited office" use, nor what the public would anticipate to be standard office uses. A CUP application was also required as the use is not specifically listed in the Schedule of Use Control. The building, Lincoln Plaza, cunrently has professional office tenants and the exterior of the site, including all parking and landscaping, would not be modified under the application. The CUP application is required solely for the type of tenant and hours of operation: The existing lot improvements and building shell were approved through the Certificate of Zoning Compliance process on January 16, 2001. This entitlement allowed construction of a 30,352 sq. ft. single-story office building. The building currently is occupied by three (3) different tenants. 8. The proposed application requests a conditional use permit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for University of Phoenix. The L-O zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Office". 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 16 Development Ordinances codified at Titles 11 and 12, Meridian City Code and all cunent zoning maps thereof and the Comprehensive Plan of the Ciry 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, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2, The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 13. It is found that the subject property is large enough to accommodate the required use, as long as the university holds classes after normal office hours. Al] parking and landscaping are already constructed in accordance with city code. The Certificate of Zoning Compliance approving the Lincoln Plaza building shell showed 150 off-street parking stalls (76 required) - or approximately twice the required ratio, MCC 11-13-S.B does not call-out "university" as a specific use. High schools require 10 pazking spaces for each classroom plus one (1) for each auditorium seat, and professional offices requires one (1) space for each 400 sq. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 ft. of gross floor area. MCC 11-13-S.B.8, Other Uses, states: "For uses not listed in this Section, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission." It is recommended that a combination of office and school uses, as well as, common sense would be determined in the required number of parking stalls. The "high school" calculation alone would require 70 stalls and the "office" calculation alone would require 23 stalls. Alternatively, if each of the seven (7) classrooms has an occupancy of 15 students and each classroom also has one instructor, that would be a total of 112 people in this facility at one time. [Note that the 15 students is estimated from the seating shown on the floor plan and not a figure provided by the applicant.] Since no alternative transportation options serve the property and the majority of students will likely drive, off-street parking spaces should be made available for the maximum number of people anticipated at the facility during a peak hour. As long as classes are offered after normal close of business (which the application states), it is believed the site exceeds the required number of anticipated parking stalls. 14. The Comprehensive Plan Land Use Map designates the property as "Office". It is found that the proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the MCC. 15. The design, construction and maintenance of the facility exist and are not anticipated to change if this use were approved. The operation of the facility would change in that the number of vehicle trips generated by the use would substantially increase during the normal after-business hours time period. The intended character of the subdivision to the north is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 residential. Even though the lot to the west is existing residential, it is intended to become office uses. The Lincoln Plaza lot is approximately 230 feet and the building itself approximately 320 feet from the neazest residential lot in Greenhill Estates. The application states that the last class will end at 10:00 p.m. and the students would dispense by 10:30 p.m. 16. It is not anticipated that the proposed use, if strictly operated in accordance with the application and this permit, will have an adverse affect on the other property in the vicinity. 17. It is found that the proposed development will be served adequately by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use will not create additional requirements at public cost for public facilifies and service, and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to any persons, property or the general welfaze. 20. The site has one existing curb cut off of Magic View Drive and one off of S. Allen Street. These access points were approved by ACHD and the City of Meridian during the initial building permit process. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 21. It is found 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 by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter refen•ed to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or condifional 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 granfing the same that the evidential showing supports the finding that the following standazds 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 9 OF 16 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 chazacter 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 protecfion, 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 welfare 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 production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed 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. 5. Prior to granting a conditional use permit in the Limited Office (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendafion of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendafions of the Planning and Zoning and Engineering staff as follows: 1. The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. 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 orright-of--way. All parking lot lighfing shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. E. Adopt the Recommendations of the Ada County Highway District as follows: On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 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 Ciry 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 EIGHTEEN (IS) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the fixture phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 for Judicial Review maybe filed. By action of the City Council at its regular meeting held on the ~ day of Tz< , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED-~~~ VOTED_~ VOTED_Z~ VOTED~~ DATEDR ROBR~D. COOR~RiE (TIE BREAKER) VOTED~~ MOTION: 7 7 APPROVED: DISAPPROVED: Mayor Robert D. Corrie Attest: \\`~„~ ~ ~ ~ ~ ~ ~,,,,,,,~ \~,.~y OF ME~gj~~~.,, C?' \~oRPOgq ra '' William G. Berg, Jr, City er1, $~+ AL 9~ p"~ ` h9 9 ~ ` sr ist ~ : FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: Z:\WorkBvI~[vleridianVvleddian 15360M1Universiry of Phoenix CUP-03-031~F'fUIsCUP03-031.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL C/C 08-OS-03 IN THE MATTER OF THE APPLICATION OF ) UNIVERSITY OF PHOENIX, FOR A CONDITIONAL ) PERMIT FOR AN EDUCATIONAL FACILITY IN A ) 9,058 SQ. FT. TENANT SPACE IN AN EXISTING ) BUILDING IN AN L-O ZONE FOR THE ) UNIVERSITY OF PHOENIX, LOCATED AT 2950 ) EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO ) CASE NO. CUP-03-031 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the Sa` day of August, 2003, 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 acfion: 1. That the Applicant, University of Phoenix, is granted a conditional use for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho. The requested conditional use is described in the legal and viciriity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 1 OF 5 The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require sepazate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabili5es Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 2 OF 5 D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 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 the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. ffi this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 3 OF 5 project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKIlVGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. By action of the City Council at its regular meeting held on the ~ day of ,/`~ 2003. Robert D. Corrie, Mayq}~, ~tiaitl{,t}~~ Meridian Attest: ~.~`~y OF MEq/Ovy%~. ~C? I~PORgr 'G '- ~--~~ \ SEAL o '_ William G. Berg, Jr., Cit Clerk 9th, ~" x;90 ~T isT ~, .r0 ~~ ORDER OF CONDITIONAL APPROVAL OF CONDTfIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 4 OF 5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN EDUCATIONAL FACILITY IN A 9,058 SQ. FT. TENANT SPACE IN AN EXISTING BUILDING IN AN L- O ZONE FOR UNIVERSITY OF PHOENIX, LOCATED AT 2950 EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO Case No. CUP-03-031 FINDINGS OF FACT AND OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL U5E PERMIT UNIVERSITY OF PHOENIX, APPLICANT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jonathan Seel, 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 heazd 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- wrt: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 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 August 5, 2003, 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 August 5, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 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 an L-O 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 PERMIT PAGE 2 OF 16 4. The property is located at 2950 East Magic View Drive, Meridian, Idaho, located at the northwest corner of S. Allen Street and Magic View, within the recently platted Mystery View Subdivision, Meridian, Idaho 83642. The following uses surround the subject property: North -Mountain West Bank (within same business pazk), zoned L-O, and Greenhill Estates Subdivision, zoned R-2 (Ada County) South -Multi-tenant office/medical building, zoned C-G East - Subway restaurant and vacant office lots, zoned L-O West - Single-family residenfial, zoned RUT (Ada County) 5. The owner of record of the subject property is Magic View Partners of Boise, Idaho, and they have provided notarized consent for Larson Architects to submit the subject conditional use permit application. 6. Applicant is University of Phoenix, 46 B East Elwood Street, Ste. 160, Phoenix, AZ 85040. The subject property is currently zoned L-O (Limited Office) and is subject to a recorded Development Agreement. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The subject property is located in an L-O (Limited Office) zone. A Conditional Use Permit was granted under the name "Magic View Office Complex" on 3-7-00 which allowed multiple buildings on a lot (for both five acre parcels on either side of Allen.) A Development Agreement (Instrument No. 100021869, dated 3-23-00) is also in effect for the property which restricts all uses on the original ten (10) acres approved under the CUP to professional office uses. Specifically, Section 4.1 on page 4 of the Development Agreement states: "The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at MCC 11-7-2, which are herein specified as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 Development of Limited Office." Staff required a CUP application for the proposed use due to their interpretation that an educational facility serving upwards of 100 students that operates until after 10:00 p.m. was not compatible with a typical "professional or limited office" use, nor what the public would anticipate to be standard office uses. A CUP application was also required as the use is not specifically listed in the Schedule of Use Control. The building, Lincoln Plaza, currently has professional office tenants and the exterior of the site, including all parking and landscaping, would not be modified under the application. The CUP application is required solely for the type of tenant and hours of operation. The existing lot improvements and building shell were approved through the Certificate of Zoning Compliance process on January 16, 2001. This entitlement allowed construction of a 30,352 sq. ft. single-story office building. The building currently is occupied by three (3) different tenants. 8. The proposed application requests a conditional use permit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for University of Phoenix. The L-O zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Office". 10. The use proposed within the subject application will in fact, constitute a condifional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMI'T' PAGE 4 OF 16 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, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. On September 26, 2001 the ACRD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 13. It is found that the subject property is large enough to accommodate the required use, as long as the university holds classes after normal office hours. All parking and landscaping are already constructed in accordance with city code. The Certificate of Zoning Compliance approving the Lincoln Plaza building shell showed 150 off-street parking stalls (76 required) - or approximately twice the required ratio, MCC 11-13-S.B does not call-out "university" as a specific use. High schools require 10 parking spaces for each classroom plus one (1) for each auditorium seat, and professional offices requires one (1) space for each 400 sq. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 ft. of gross floor area. MCC 11-13-S.B.B, Other Uses, states: "For uses not listed in this Section, parking spaces shall be provided on the same basis as required for the most similaz listed use or as determined by the Commission." It is recommended that a combination of office and school uses, as well as, common sense would be determined in the required number of parking stalls. The "high school" calculation alone would require 70 stalls and the "office" calculation alone would require 23 stalls. Alternatively, if each of the seven (7) classrooms has an occupancy of 15 students and each classroom also has one instructor, that would be a total of 112 people in this facility at one time. [Note that the 15 students is estimated from the seating shown on the floor plan and not a figure provided by the applicant.] Since no alternative transportation options serve the property and the majority of students will likely drive, off-street parking spaces should be made available for the maximum number of people anticipated at the facility during a peak hour. As long as classes are offered after normal close of business (which the application states), it is believed the site exceeds the required number of anticipated parking stalls. 14. The Comprehensive Plan Land Use Map designates the property as "Office". It is found that the proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the MCC. 15. The design, wnstruction and maintenance of the facility exist and aze not anticipated to change if this use were approved. The operation of the facility would change in that the number of vehicle trips generated by the use would substantially increase during the normal after-business hours time period. The intended chazacter of the subdivision to the north is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 residential. Even though the lot to the west is existing residenfial, it is intended to become office uses. The Lincoln Plaza lot is approximately 230 feet and the building itself approximately 320 feet from the nearest residential lot in Greenhill Estates. The application states that the last class will end at 10:00 p.m. and the students would dispense by 10:30 p.m. 16. It is not anticipated that the proposed use, if strictly operated in accordance with the application and this permit, will have an adverse affect on the other property in the vicinity. 17. It is found that the proposed development will be served adequately by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use will not create additional requirements at public cost for public facilities and service, and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to any persons, property or the general welfare. 20. The site has one existing curb cut off of Magic View Drive and one off of S. Allen Street. These access points were approved by ACHD and the City of Meridian during the initial building permit process. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 21. It is found 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 by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 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 (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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 9 OF 16 other uses in the general neighborhood and with the existing or intended chazacter 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; £ That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare 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 welfaze by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors; h. That the proposed use will have vehiculaz approaches to the property which shall be so designed 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. 5. Prior to granting a conditional use permit in the Limited Office (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; 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 standazds than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 11 OF 16 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. E. Adopt the Recommendations of the Ada County Highway District as follows: On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 for Judicial Review maybe filed. By action of the City Council at its regular meefing held on the ~ day of TiL , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED-~~~ COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED_~ COUNCILMAN WILLIAM L.M. NARY VOTED~2.- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED~~ DATED: ~ l f'~3 MOTION: APPROVED: DISAPPROVED: Attest: William G. Berg, Jr., City Mayor Robert D. Come \\,~~~W UnnUh ~~~y OF HERO ~~''. ` . . ~ ',, G` oxPORq r ~'~2 ,~' Fo SEAL v~ o^J 1°j ~ ~;, 9p9 ~r ist • P.r ,. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By~~ ~. City Clerk Z:\Work\MVNeridianlMeridian 15360M\University of Phoenix CUP-03-031`,PfCIsCUP03,D31.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING Dated: ~'?i ~' 0.3 ~~~ C)' `~oaPORq TF'~2 ~~~, SEAL y oM ~~' O ~~ yo !~T 19t , ~ '~% q ~ ~oQ.,';. p~~9 OUNTY`~ `~~~`~ CONDTITONAL USE PERMIT PAGE 16 OF 16 BEFORE THE MERIDLAN CITY COUNCIL C/C 08-OS-03 IN THE MATTER OF THE APPLICATION OF ) UNIVERSITY OF PHOENIX, FOR A CONDITIONAL ) PERMIT FOR AN EDUCATIONAL FACILITY IN A ) 9,058 SQ. FT. TENANT SPACE IN AN EXISTING ) BUILDING IN AN L-O ZONE FOR THE ) UNIVERSITY OF PHOENIX, LOCATED AT 2950 ) EA5T MAGIC VIEW DRIVE, MERIDIAN, IDAHO ) CASE NO. CUP-03-031 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the Sa` day of August, 2003, 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: I . That the Applicant, University of Phoenix, is granted a conditional use for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which aze on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an educational facility in a 9,058 sq. ft. tenant space in an existing building in an L-O zone for the University of Phoenix, located at 2950 East Magic View Drive, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 1 OF 5 The subject property shall cease instruction and any other activity open to the public at 10:00pm. The hours of operations shall be as follows: Office Hours: Mon-Fri 8:00 a.m. to 5:00 p.m. Closed Sat and Sun Class Hours: Mon-Fri 5:30 p.m. to 10:00 p.m. (Disperse by 10:30 p.m.) Sat 8:00 a.m. to 5:00 p.m. Sunday closed 2. All parking for the subject use shall be on Lot 3, Block 1, of Mystery View Subdivision. 3. 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking shall be complied with prior to issuance of a Certificate of Occupancy. B. Adopt the Recommendations of the Ada County Highway District as follows: On September 26, 2001 the ACHD Commissioners acted on Mystery View Subdivision. The conditions and requirements also apply to CUP-03-031, including driveway locations, per their report dated June 20, 2003. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 2 OF 5 D. Adopt the Recommendations of the Meridian Fire Department as follows: All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 2. The project shall comply with the requirements of the Fire Code in effect at the time of the tenant improvement. 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 the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 3 OF 5 project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. By action of the City Council at its regular meeting held on the ~~day of ~`~ , 2003. Robert D. Come, MaX4}~„~itF,A~~Meridian Attest: `\\`~~~'`~ Q1= AM1(j~~i ~i~~'. • C)' ~POrtgr qy , Fo ~~~--~ = SEAL William G. Berg, Jr., Cit Clerk ~ yC,~, ~~' ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 4 OF 5 Copy served upon Applicant, the Planning and Zoning Department, Public and City Attorney. By, ~~fl+---- City Clerk 8-l9 03 Z:\Work\MVNeridian\Ivleridian 15360IvflUniversity of Phoenix CUP-03-031\CUPOrda.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - D.L. EVANS BANK FOR D.L. EVANS BANK (CUP-03-023) PAGE 5 OF 5 ~`~,~~1 ~1~~, ~~p I~artment ., OF MEI~j ''~ , G~ \~~RPORq r~ ~I' ~~': T O~ 19 90 °Sr 3st • .AO O