HomeMy WebLinkAboutCedar Springs Prof. Center CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03-09-04
C/C 03-16-04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR FOUR (4)
OFFICE BUILDINGS, CAR WASH,
TWO FUEL PUMPS AND ADRIVE-
THRU COFFEE STAND IN A
PROPOSED C-N ZONE LOCATED
ON THE NORTHEAST CORNER
OF USTICK ROAD AND VENABLE
LANE, WITHIN SECTION 36,
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
Case No. CUP-03-067
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL U5E
PERMIT
KEVIN HOWELL,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on Mazch 9, 2004 and continued until Mazch 16, 2004, 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 Departrnent, Dazen Fluke, Joe Simunich, and Bill Jackson, appeazed
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 Ciry Council hereby makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERMIT
PAGE 1 OF 23
following Findings of Fact, Conclusions of Law and Decision and 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 9, 2004 and
confinued until March 16, 2004, 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 9,
2004 and continued until March 16, 2004, 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 R-4 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 23
4. The property is located on the northeast comer of Ustick Road and Venable Lane,
within Section 36, Township 4 North, Range 1 West, Meridian, Idaho.
5. The owner of record of the subject property is Howell-Murdoch Development.
6. Applicant is Kevin Howell ofHowell-Murdoch Development.
7. The subject property is currently zoned R-4. There is, however, an accompanying
application for rezoning to C-N. The zoning district of C-N is defined within the City of
Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a Conditional Use Permit approval for a five
(5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and
adrive-through coffee stand in a C-N zone. The C-N zoning designation within the City of
Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for
nursing homes (MCC 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan. 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 23
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:
Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and
Preliminary Plat (PP-03-044) as a condition ofthe Conditional Use Permit (CUP-03-
067).
2. The project shall conform to the standazd dimensional standazds within Meridian
City Code for the C-N zone. No exceptions are proposed or approved with this
development.
3. As an amenity of this development, the applicant shall construct a minimum 5-foot
wide micropath, designed to MCC 12-13-15 standazds, that stubs to the northeast
property line between Lots 13 and 14. A minimum 7-foot wide, concrete sidewalk on
the east side of Venable Lane shall be constructed.
4. Applicant shall revise the Site Plan (Sheet A-1) to depict a new vertical curb and
minimum 5-foot wide planter strip azound the interior perimeter of Lot 17. A
maximum of two (2) curb cuts, no more than 30 feet wide each, shall be permitted to
access the internal commercial driveway from Lot 17 along its north and east
property lines (for a total of four curb cuts). The perimeter planter shall be planted in
accordance with MCC 12-13-11-2.
5. Applicant shall revise the Site Plan (Sheet A-1) to remove the four (4) striped
planters located on Lots 12, 13 and 15 and replace them with typical, landscaped
planters with raised curbs and other required elements per MCC 12-13-11.
6. All building construction within Cedar Springs Professional Center shall comply with
the elevations submitted with the application, prepared by LAB Architect, dated
November 2003. Construction materials shall comply with the materials list
submitted on 1-22-04 by Lynn A. Brown.
7. The Site Plan shall be modified to expand the parallel parking stalls shown on the
south end of Lot 17. Said stalls shall be striped in accordance with MCC 11-13-4.F,
which requires a minimum length of 23 feet.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 23
8. The Site Plan shall be modified to show ADA compliant parking stalls on each ofthe
four (4) office lots.
9. A Planned Sign Program shall be required for the Cedaz Springs Professional Center
development. Said application shall be approved by the Planning & Zoning
Department prior to any permanent signs being constructed within the subdivision.
No illuminated wall signs will be permitted on the east elevations of Buildings "A"
and "B."
10. Except as otherwise required or approved, all sidewalks shall be constructed as
submitted and in accordance with MCC 12-5-2.K.
B. Adopt the Recommendations of ACHD as follows:
Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-
foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet
of pavement within 40-feet ofright-of--way.
2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane
approximately 270-feet north of Ustick Road, as proposed. Pave the driveway its
full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
3. Construct a 48-foot shared curb return type driveway with an 8-foot center island
within it that intersects Ustick Road approximately 140-feet west of the east
property line, as proposed. Pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
4. Other than the Access point that is specifically approved with this application,
direct lot access to Ustick Road is prohibited. Access restrictions will be required
to be noted on the final plat.
5. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 5 OF 23
Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within, the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
aze in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 23
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Deparhnent as follows:
1. That afire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.,
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn azound.
5. All entrances and internal roads shall have a fuming radius of 28' inside and 48' outside.
6. Operational fire hydrants and access roads are requiredbefore combustible constmctionbegins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping
areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all times.
D. Adopt the Recommendations of Sanitary Services Co. as follows:
1. Design the enclosure per the standazd recommendations of SSC for access, gates, floor/pad,
container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe
trash enclosure design will be required prior to issuance of a Certificate of Zoning
Compliance for the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 7 OF 23
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. 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.
3. Plans are required for submittal for review regarding any food establishments or beverage
establishments.
4. Run-off is not to create a mosquito breeding problem.
5. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
6. The engineers and azchitects 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.
F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage should be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
5. NMID recommends that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
G. Adopt the Recommendations/Comments of Joint School District No. 2 as follows:
1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint
School District No. 2 is in the progress of acquiring this site.
H. Adopt the action of the City Council taken at their Mazch 16, 2004 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 8 OF 23
For clarification:
The revised Site/Landscape Plan (Sheet Ul, by Jensen Belts) is dated 3/8/04.
This CUP shall also reflect this revised plan.
2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October,
2003. This CUP shall also reflect the revised sheet in Condition #6 of the
Recommendations.
The revised Site/Landscape Plan reflects most of the modifications required, but
the Plan does not reflect the following:
• a detached sidewalk on Ustick Road (PP condition #2)
• right-of--way landscape improvements adjacent to Ustick Road (PP
condition #8.b.)
• parallel parking stall change (CUP condition #7, page 2)
4. The above modifications (3 above) must be made during the Final Plat and/or
CZC approval process.
5. The proposed school site is presently conceptual, as the school district has not
decided on a layout as of yet.
13. It is found that the subject property is large enough to accommodate the requested
use and all other required features. The required buffer between land uses on the east boundary
may need to be widened to comply with MCC ordinance.
14. It is found that the proposed development is generally harmonious with the 2002
Comprehensive Plan. The majority of the CUP/PD Site Plan is harmonious with the Zoning and
Subdivision Ordinance. However, the proposed driveway openings/curb cuts on Lot 17 do not
conform. MCC 12-5-2.F., Driveways, requires that "all driveway openings in curbs shall be as
specified by the Public Works Department, Highway District or State Highway Department." Lot
17 of the plat (the carwash/fuel pump/coffee kiosk lot) proposes driveway openings onto the
internal commercial driveway that exceed 120 feet in width on the east and 160 feet on the north.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 9 OF 23
These are excessive and must be reduced. ACHD's standard, allowable curb cut on local streets
is a maximum of 36 feet. While not a local street, the internal common driveway will function
largely as a street and staff recommends a maximum 30 foot wide cut.
15. It is found that the general design, construction, operation, and maintenance should be
compatible with other uses in the general neighborhood and with the existing or intended character
of the area. The applicant shall address the hours of operation anticipated on Lot 17. Some
consideration may need to be given to the existing residence to the east until said lot redevelops in
the future to preserve their residential atmosphere.
16. It is not anticipated that the proposed development will have an adverse impact on the
surrounding property. The buffer width behind Building "B" may need to be increased to comply
with the Landscape Ordinance.
17. The Meridian Fire Department has submitted a list of conditions and needs in
order to adequately serve the project (see number 12. C. hereinabove). Water and sanitary sewer
service are proposed to be extended from existing main lines adjacent to the proposed
development. The ACHD is recommending approval, with site-specific and standards conditions.
Review of the ACRD report for this project will provide additional information.
18. The developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire, police and school facilities and services. It is found that there will
not be excessive additional requirements at public cost and that the conditional use permit will not be
detrimental to the community's economic welfare.
19. According to ACHD, the proposed project is anticipated to generate 1,380 new
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 10 OF 23
vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this
subdivision; however, it is not believed that the amount generated will be detrimental to the general
welfare of the public. It is also not anticipated that the proposed development will create excessive
noise, smoke, fumes, glare, or odors. The applicant shall clarify the hours of operation, hours of fuel
delivery and anticipated decibel levels generated at the site.
20. It is not believed that the proposed vehicular approaches on Ustick Road and
Venable Lane will create an interference with traffic on the surrounding public streets. All
minimum off-sets appear to be met and the commercial driveway exceeds the minimum 25-foot
width. Review of the ACHD staff report for this project will provide further information.
21. It is found that the proposed development will not result in the destruction, loss or
damage of other natural features.
22. It is believed that the proposed uses will not be excessive or unreasonable. Hours
of operation, hours of fuel delivery, and any refrigerated truck operation shall be as follows:
Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums allowed), and two
(2) fuel pumps shall be allowed as a 24 hour operation.
Hours of fuel delivery and refrigerated truck operation shall be from 7:00 a.m, to 6:00
p.m.
The decibel levels generated at the site shall be required to comply with Meridian City
Code 6-3-6.
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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 11 OF 23
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, pazking, landscaping and other features as may be 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 existntg or intended character of the general
vicinity and that such use will not adversely change the essential chazacter of the same azea;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 23
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 welfaze by reason of excessive production of traffic, noise, smoke, fumes, glaze 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.
Prior to granting a condifional use permit in the C-N zone, 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."
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 13 OF 23
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
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.
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 a five (5)
lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 14 OF 23
drive-through coffee stand in a C-N zone ,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. Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and
Preliminary Plat (PP-03-044) as a condition of the Conditional Use Permit (CUP-03-
067).
2. The project shall conform to the standard dimensional standazds within Meridian
City Code for the C-N zone. No exceptions are proposed or approved with this
development.
3. As an amenity of this development, the applicant shall construct a minimum 5-foot
wide micropath, designed to MCC 12-13-15 standards, that stubs to the northeast
property line between Lots 13 and 14. A minimum 7-foot wide, concrete sidewalk on
the east side of Venable Lane shall be constructed.
4. Applicant shall revise the Site Plan (Sheet A-1) to depict a new vertical curb and
minimum 5-foot wide planter strip around the interior perimeter of Lot 17. A
maximum oftwo (2) curb cuts, no more than 30 feet wide each, shall be permitted to
access the internal commercial driveway from Lot 17 along its north and east
property lines (for a total of four curb cuts). The perimeter planter shall be planted in
accordance with MCC 12-13-11-2.
5. Applicant shall revise the Site Plan (Sheet A-1) to remove the four (4) striped
planters located on Lots 12, 13 and 15 and replace them with typical, landscaped
planters with raised curbs and other required elements per MCC 12-13-11.
6. All building construction within Cedar Springs Professional Center shall complywith
the elevations submitted with the application, prepared by LAB Architect, dated
November 2003. Construction materials shall comply with the materials list
submitted on 1-22-04 by Lynn A. Brown.
7. The Site Plan shall be modified to expand the parallel pazking stalls shown on the
south end of Lot 17. Said stalls shall be striped in accordance with MCC 11-13-4.F,
which requires a minimum length of 23 feet.
8. The Site Plan shall be modified to show ADA compliant parking stalls on each of the
four (4) office lots.
9. A Planned Sign Program shall be required for the Cedar Springs Professional Center
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMTP
PAGE 15 OF 23
development. Said application shall be approved by the Planning & Zoning
Department prior to any permanent signs being wnstructed within the subdivision.
No illuminated wall signs will be permitted on the east elevations of Buildings "A"
and "B."
10. Except as otherwise required or approved, all sidewalks shall be constructed as
submitted and in accordance with MCC 12-5-2.K.
B. Adopt the Recommendations of ACHD as follows:
Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-
foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet
of pavement within 40-feet ofright-of--way.
2. Construct a 30-foot shazed curb return type driveway that intersects Venable Lane
approximately 270-feet north of Ustick Road, as proposed. Pave the driveway its
full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
3. Construct a 48-foot shared curb return type driveway with an 8-foot center island
within it that intersects Ustick Road approximately 140-feet west of the east
property line, as proposed. Pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
4. Other than the Access point that is specifically approved with this application,
direct lot access to Ustick Road is prohibited. Access restrictions will be required
to be noted on the final plat.
Comply with all Standard Conditions of Approval.
ACHD Standazd Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 16 OF 23
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 17 OF 23
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow as required by the International Fire Code is provided to service the entire prof ect.
Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
Additionally, intemal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have a turn around.
5. All entrances and intemal roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and access roads are required before combusfible construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of wnstruction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant
within 10'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping
areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all times.
D. Adopt the Recommendations of Sanitary Services Co. as follows:
Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad,
container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the
trash enclosure design will be required prior to issuance of a Certificate of Zoning
Compliance for the project.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 23
2. 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.
3. Plans are required for submittal for review regarding any food establishments or beverage
establishments.
4. Run-off is not to create a mosquito breeding problem.
5. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
6. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage should be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
G. Adopt the Recommendations/Comments of Joint School District No. 2 as follows:
1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint
School District No. 2 is in the progress of acquiring this site.
H. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows:
For clarification:
The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated 3/8/04.
This CUP shall also reflect this revised plan.
2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 19 OF 23
2003. This CUP shall also reflect the revised sheet in Condition #6 of the
Recommendations.
3. The revised Site/Landscape Plan reflects most of the modifications required, but
the Plan does not reflect the following:
a detached sidewalk on Ustick Road (PP condition #t2)
right-of--way landscape improvements adjacent to Ustick Road (PP
condition #8.b.)
parallel parking stall change (CUP condition #7, page 2)
4. The above modifications (3 above) must be made during the Final Plat and/or CZC
approval process.
5. The proposed school site is presently conceptual, as the school district has not decided
on a layout as of yet.
2. The conditions shall be reviewable by the Council pursuant to Meridian 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 Granfing 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 CONDTI'IONAL 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTfIONAL USE PERMIT
PAGE 20 OF 23
commence construction of permanent footings or structures on or in the ground. hi this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the wmmission 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 FINAL ACTION
AND 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 wrifing, 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.
Please take notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 21 OF 23
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 afrer 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
,t~ , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED__ (%~
COUNCILMAN BILL NARY VOTED~Gt..
COUNCILMAN CHARLIE ROUNTREE VOTED~~
COUNCILMAN KEITH BIRD VOTED~G~
MAYOR TA MY ~~ RD (TIE BREAKER) VOTED
DATED: ~ 'i"J'_
MOTION:
APPROVED: DISAPPROVED:
~~~
or T e Weerd
``11~pou~wibq~i ,'
Attest: ``~~~~~~~ ~ ~~~i''
d r q'l. ',
.'~ ~ ~o
£~'~~,
William Gam. Berg, Jr., C erk "- ~~~ T tg~ ~~~~ ~~'
FINDINGS OF FACT AND CONCLU§I4)~A~P ~~```
GRANTING CONDTTIONAL USE PER11~~""'++++++++`" ~~~ DECISION AND ORDER
PAGE 22 OF 23
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
BY~ ~ Dated: - ~ ~~
City Clerk
Z:\Work1M\MeridianN~[eridian 15360M\Cedar Stpings Professional Center I2Z-03-013 PP-03-044
067.doc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 23 OF 23
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/09/04
C/C 03/16/04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR FOUR (4)
OFFICE BUILDINGS, CAR WASH,
TWO FUEL PUMPS AND ADRIVE-
THRU COFFEE STAND IN A
PROPOSED C-N ZONE LOCATED
ON THE NORTHEAST CORNER
OF USTICK ROAD AND VENABLE
LANE, WITHIN SECTION 36,
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDLAN, H)AHO
KEVIN HOWELL,
APPLICANT
Case No. CUP-03-067
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on March 9, 2004 and continued until
March 16, 2004, 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 five (5)
lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a
ORDER CONDTTIONAL USE PERMIT
(CUP-03-067)
PAGE 1 OF 10
drive-through coffee stand in a C-W zone, subject to the following conditions ofuse and
development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and
Preliminary Plat (PP-03-044) as a condition ofthe Conditional Use Permit (CUP-03-
067).
2. The project shall conform to the standard dimensional standards within Meridian
City Code for the C-N zone. No exceptions are proposed or approved with this
development.
As an amenity of this development, the applicant shall construct a minimum 5-foot
wide micropath, designed to MCC 12-13-15 standazds, that stubs to the northeast
property line between Lots 13 and 14. A minimum 7-foot wide, concrete sidewalk on
the east side of Venable Lane shall be constructed.
4. Applicant shall revise the Site Plan (Sheet A-1) to depict a new vertical curb and
minimum 5-foot wide planter strip around the interior perimeter of Lot 17. A
maximum of two (2) curb cuts, no more than 30 feet wide each, shall be permitted to
access the internal commercial driveway from Lot 17 along its north and east
property lines (for a total of four curb cuts). The perimeter planter shall be planted in
accordance with MCC 12-13-11-2.
5. Applicant shall revise the Site Plan (Sheet A-1) to remove the four (4) striped
planters located on Lots 12, 13 and 15 and replace them with typical, landscaped
planters with raised curbs and other required elements per MCC 12-13-11.
6. All building construction within Cedar Springs Professional Center shall comply with
the elevations submitted with the application, prepazed by LAB Architect, dated
November 2003. Construction materials shall comply with the materials list
submitted on 1-22-04 by Lynn A. Brown.
7. The Site Plan shall be modified to expand the pazallel parking stalls shown on the
south end of Lot 17. Said stalls shall be striped in accordance with MCC 11-13-4.F,
which requires a minimum length of 23 feet.
8. The Site Plan shall be modified to show ADA compliant parking stalls on each of the
four (4) office lots.
ORDER CONDFfIONAL USE PERNIIT
(CUP-03-067)
PAGE 2 OF 10
9. A Planned Sign Program shall be required for the CedarSprings Professional Center
development. Said application shall be approved by the Planning & Zoning
Department prior to any permanent signs being constructed within the subdivision.
No illuminated wall signs will be permitted on the east elevations of Buildings "A"
and "B."
10. Except as otherwise required or approved, all sidewalks shall be constructed as
submitted and in accordance with MCC 12-5-2.K.
B. Adopt the Recommendations of ACRD as follows:
1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-
foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet
of pavement within 40-feet ofright-of--way.
2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane
approximately 270-feet north of Ustick Road, as proposed. Pave the driveway its
full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
Construct a 48-foot shared curb return type driveway with an 8-foot center island
within it that intersects Ustick Road approximately 140-feet west of the east
property line, as proposed. Pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
4. Other than the Access point that is specifically approved with this application,
direct lot access to Ustick Road is prohibited. Access restrictions will be required
to be noted on the final plat.
5. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
ORDER CONDTI'IONAL USE PERMIT
(CUP-03-06'n
PAGE 3 OF 10
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construcfion.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
ORDER CONDr1'IONAL USE PERMIT
(CUP-03-067)
PAGE 4 OF 10
regulafions, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protecfion will be by the Meridian Water Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
Additionally, internal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and access roads are required before combustible construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
9. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping
areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all times.
D. Adopt the Recommendations of Sanitary Services Co. as follows:
ORDER CONDTTIONAL USE PERMIT
(CUP-03-067)
PAGE 5 OF 10
1. Design the enclosure per the standazd recommendations of SSCfor access, gates, floor/pad,
container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe
trash enclosure design will be required prior to issuance of a Certificate of Zoning
Compliance for the project.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. 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.
3. Plans aze required for submittal for review regazding any food establishments or beverage
establishments.
4. Run-off is not to create a mosquito breeding problem.
5. Stormwater shall be pretreated through a grassy swale prior to dischazge to the subsurface
to prevent impact to groundwater and surface water quality.
6. The engineers and architects involved with the design of the subject project shall obtain
current best management pracfices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage should be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
5. NMID recommends that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
G. Adopt the Recommendations/Comments of Joint School District No. 2 as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-03-067)
PAGE 6 OF 10
1. Directly north of the rezone for Cedaz Springs Professional Center is a future school site. Joint
School District No. 2 is in the progress of acquiring this site.
H. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows:
For clarification:
The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated 3/8/04.
This CUP shall also reflect this revised plan.
2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October,
2003. This CUP shall also reflect the revised sheet in Condition #6 of the
Recommendations.
3. The revised Site/Landscape Plan reflects most of the modifications required, but
the Plan does not reflect the following:
• a detached sidewalk on Ustick Road (PP condition #2)
• right-of--way landscape improvements adjacent to Ustick Road (PP
condition #S.b.)
• parallel parking stall change (CUP condition #7, page 2)
4. The above modifications (3 above) must be made during the Final Plat and/or
CZC approval process.
5. The proposed school site is presently conceptual, as the school district has not
decided on a layout as of yet.
It is believed that the proposed uses will not be excessive or unreasonable. Hours
of operation, hours of fuel delivery, and any refiigerated truck operation shall be as follows:
Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m.
Hours of operation for the caz wash (no more than three (3) vacuums allowed), and two
(2) fuel pumps shall be allowed as a 24 hour operation.
Hours of fuel delivery and refi-igerated truck operation shall be from 7:00 a.m. to 6:00
p.m.
ORDER CONDTTIONAL USE PERMIT
(CUP-03-067)
PAGE 7 OF 10
The decibel levels generated at the site shall be required to comply with Meridian City
Code 6-3-6.
4. 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.
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.
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
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
ORDER CONDITIONAL USE PERNHT
(CUP-03-067)
PAGE 8 OF 10
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 FINAL ACTION
AND 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.
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.
ORDER CONDTTIONAL USE PERNIIT
(CUP-03-067)
PAGE 9 OF 10
By action of the City Council at its regular meeting held on the ~ ~~ day of
f~' ~~/-/ 2 , 2004.
Tdnimy de el
,,,uunri,,, -
s~A~
llliam G. Berg, Jr., Ci C1 k 9 ~~'
~ ~
%94 ~T 1s~
Copy served upon Applicant, the Planni+ii'g+, pnitl~~~De:
and City Attorney.
By: ~~/° ~d" i!' ~- Dated:
City Clerk ~
fl, Mayor City of Meridian
Public Works Department
Z:\WOrk\M\MetidianVvleridian 15360Nf~Cedar Sryings Proressional Cen[er R~03A13 PP-03-044
ORDER CONDITIONAL USE PERNIIT
(CUP-03-067)
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PAGE 10 OF 10