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HomeMy WebLinkAboutRiverbirch Courtyard Condos CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS-04-04 IN THE MATTER OF THE _.. REQUEST FOR CONDITIONAL iJS~ PERMIT FOR RIVERBIRCH COURTYARD CONDOMINIUMS AS REQUIRED BY THE DEVELOPMENT AGREEMENT FOR RESOLUTION BUSINESS PARK FOR AMEDICAL/DENTAL OFFICE IN AN L-O ZONE, Case No. CUP-04-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LOCATED NEAR THE SOUTHEAST CORNER OF OVERLAND ROAD AND CELEBRATION AVENUE, APPROXIMATELY'/: MILE WEST OF EAGLE ROAD, IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO N.M. ENTERPRISES, APPLICANT The above entitled conditional use permit application having come before the City Council on May 4, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, and Mark Guho, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 1 OF 23 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 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 May 4, 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 May 4, 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 a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Council on this application. 4. The property is located near the southeast corner of Overland Road and Celebration Avenue, approximately % mile west of Eagle Road, in Section 20, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owner of record of the subject property is N.M. Enterprises, LLC, and Mark Guho, a registered agent, has provided notarized consent for the subject application. 6. Applicant is N.M. Enterprises, LLC. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit for approval to construct a 12,010 square-foot medical/dental office building. As part of the previous approval on this site (Resolution Plaza, CUP-00-017), this site must obtain a new Conditional Use Permit for any proposed use(s). 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 conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all cun•ent zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMTT PAGE 3 OF 23 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 Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USEI 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L-O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the locafion and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs aze approved with this CZC. All signs will require a sepazate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standazd parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of 7% feet-wide (minimum) by 15-feet long. All pazking and azeas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape azeas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 4 OF 23 GENERAL CONDITIONS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties orrights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require sepazate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department(MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. 7. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this fimeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Pemut, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 5 OF 23 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Aoaroval Locate driveways on Gala Street a minimum of 50-feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Anoroval 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 6 OF 23 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. 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 exisfing 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 awaiver/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 Meridian Fire Department Recommendations as follows: A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/=" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 7 OF 23 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unlmown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that aze located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Departmerit as follows: The Pazks Department has no concerns with the site design as submitted with the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 8 OF 23 F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3-yard dumpster, with pick-up on multiple days will be needed. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. Apressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: The proposed HVAC azea does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. 13. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed use. The proposed setbacks aze in accordance with the City established minimums for the L-O zone. The applicant is proposing to provide adequate landscaping along the perimeter, adjacent to the streets, and within the parking areas. It is found that the site is large enough to accommodate the proposed uses and all yazds, open spaces, parking, landscaping and other features required by ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMTT PAGE 9 OF 23 14. It is found that the proposed development is harmonious with the current Comprehensive Plan Land Use Map which designates the property as "Commercial". It is also found that the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained here. 15. It is found that the proposed medical/dental building will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. 16. It is not anticipated the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 17. The subject site has adequate access to Overland Road via local streets in the azea. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. On Mazch 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside oftheirfive-minute response zone. The Fire Department does not know when a new station will be constructed in this azea, south of the freeway. 18. The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERNIIT PAGE 10 OF 23 police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. The development is estimated to generate 433 additional vehicle trips per day (0 existing) based on the Institute of Transportafion Engineers Trip Generation Manual. The proposed medical use is consistent with the existing office use just to the west of the site. It is not anticipated that the proposed use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. 20. The applicant is proposing to construct a new driveway off Gala Street, located near the site's east property line. The applicant is proposing to connect the new pazking lot area with the existing pazking lot azea to the west which leads to Celebration Avenue. ACHD staff reviewed and approved these vehiculaz approaches. There are no vehicular approaches to Overland Road proposed with the application. It is found that the proposed use and associated approaches will not create significant interference with any traffic on the surrounding public streets. 21. There are no natural, scenic or historic features in the general vicinity ofthis project. It is found that no site improvements associated with the Conditional Use Application should damage natural, scenic or historic features in the azea. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 11 OF 23 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 conditional use pennits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 12 OF 23 £ 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 L-O 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 nofice 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 of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 13 OF 23 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. 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 to construct a 12,010 square-foot medical/dental office building on 1.24 acres in the L-O zone, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 14 OF 23 A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USEI 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L-O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. Al] signs will require a separate sign permit in compliance with the sign ordinance (MCC I 1-14). 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of 7%z feet-wide (minimum) by 15-feet long. All pazking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. GENERAL CONDITIONS Down-shield or otherwise alter all exterior lighfing, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties orrights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require sepazate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 15 OF 23 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of ACHD as follows: Site Suecific Conditions of Aonroval Locate driveways on Gala Street a minimum of 50-feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 16 OF 23 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilifies 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 may be damaged during the construcfion 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 17 OF 23 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 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 fime the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/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 Meridian Fire Department Recommendations as follows: 1. Afire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstmctions to outlets within 10'. 2. All entrance and internal roads shall have a taming radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient populafion and will have an unknown FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTl' PAGE 18 OF 23 impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3-yard dumpster, with pick-up on multiple days will be needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side ofthe building, above the HVAC unit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 20 OF 23 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) 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 condifional 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 writing, and must be filed with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 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 rime 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. By action of the City Council at its regular meeting held on the ~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED_~~- VOTED VOTED COUNCILMAN KEITH BIRD VOTED ~ ~' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: V DISAPPROVED: ~~ Mayor T de Weerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIlT PAGE 22 OF 23 Attest: Wi i~ . Berg, `Jr., City Cl rk Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY~ ~ Alt`.LQ ~.Q_iSY~ City Clerk Dated: ~b..ti, 21, 2C04 Z:\WorkNl~Meridian\Ivleridian 15360Iv1\Rive~irch Coutyard Condos PFP-04-003 CUP-04-007\FfC1sCUP04-007.dac FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 23 OF 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/04/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR RIVERBIRCH COURTYARD CONDOMINIUMS AS REQUIRED BY THE DEVELOPMENT AGREEMENT FOR RESOLUTION BUSINESS PARK FOR AMEDICAL/DENTAL OFFICE IN AN L-O ZONE, LOCATED NEAR THE SOUTHEAST CORNER OF OVERLAND ROAD AND CELEBRATION AVENUE, APPROXIMATELY %: MILE WEST OF EAGLE ROAD, IN SECTION 20, TOWNSHIP 3 NORTH, RAGNE 1 EAST, MERIDIAN, IDAHO N.M. ENTERPRISES, APPLICANT Case No. CUP-04-007 ORDER GRANTING CONDTPIONAL USE PERMIT This matter coming before the City Council on May 4, 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 to construct a ORDER CONDITIONAL USE PERMIT (CUP-04-007) PAGE 1 OF 10 12,010 square-foot medical/dental office building on 1.24 acres in an L-O zone, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L-O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of 7% feet-wide (minimum) by 15-feet long. All pazking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. GENERAL CONDITIONS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties orrights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. ORDER CONDTPIONAL USE PERMIT (CUP-04-00'n PAGE 2 OF 10 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate ofZoning Compliance (CZC) from the Meridian Planning and Zoning Department(MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. B. Adopt the Recommendations of ACRD as follows: ORDER CONDITIONAL USE PERMIT (CUP-04-007) PAGE 3 OF 10 Site Specific Condifions of Approval Locate driveways on Gala Street a minimum of 50-feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard 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. 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. ORDER CONDITIONAL USE PERMIT (CUP-04-007) PAGE 4 OF 10 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 awaiver/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 Meridian Fire Department Recommendations as follows: A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. ORDER CONDr1'IONAL USE PERMTr (CUP-04-00'n PAGE 5 OF 10 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical cleazance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Deparhnent has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Crroup our requests for service aze projected to reach 2800 in the yeaz 2005 and 3800 by the yeaz 2010. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDTTIONAL USE PERMIT (CUP-04-007) PAGE 6 OF 10 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3-yard dumpster, with pick-up on multiple days will be needed. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. 3. The above conditions are concluded to be reasonable and the applicant shall meet ORDER CONDTI'IONAL USE PERMTI' (CUP-04007) PAGE 7 OF 10 such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take nofice 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) 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 ORDER CONDTTIONAL USE PERMIT (CUP-04-007) PAGE 8 OF 10 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. By acfion of the City Council at its regular meeting held on the ~ day of Q//L. , 2004. Tammy de We ayor City of Meridian ORDER CONDTTIONAL USE PERMIT (CUP-04-007) PAGE 9 OF 10 ` ~ ~~. G GpRPpRq l 'L \~~ FO s~~~, William G. Berg, Jr., City C erk ; .~, 9°~~,,,, .,9~~ Copy served upon Applicant, the Plannl~`afii~;,~jglliug~artment, Public Works Department and City Attorney. '~•,; .,..~;;,+"`~ gy: Dated: CYlA~,~ '? 1 ~ 2Cr~ Clty Clerk's Office Z:\Wmk\MVMeridian\blaidiau15360AA\Rive~arch CaUyariCmdae PFP-04-003 CUP-0A-OOROrdeiCUP.doc ORDER CONDITIONAL USE PERNIIT (CUP-04-007) PAGE 10 OF 10