HomeMy WebLinkAboutUniver Phoenix Corrected OrderBEFORE 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, H)AHO )
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:
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 vicinity 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 -
FOR UNIVERSITY OF PHOENIX (CUP-03-031)
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.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
FOR UNNERSTTY OF PHOENIX (CUP-03-031)
PAGE 2 OF 5
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 cleaz 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 applicafion 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
FOR UNIVERSITY OF PHOENIX (CUP-03-031)
PAGE 3 OF 5
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 TAKINGS 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 j 9~ day of
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Robert D. Come, '
Mayor City of Meridian
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
FORUNIVERSITY OF PHOENDC (CUP-03-031)
PAGE 4 OF 5
Attest:
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William G. Berg, Jr., City
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Department, Public Works Department
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -
FORUNIVERSITY OF PHOENIX (CUP-03-031)
PAGE 5 OF 5