HomeMy WebLinkAboutOBGYN Associates CUP-04-053
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of OBGYN ASSOCIATES
Case No(s). CUP-04-053
For the City Conncil Hearing Date of: March 15, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the March 3, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Oral testimony was received on this matter, as reflected in the records of the City
Clerk (for written testimony) and in the official meeting minutes (for oral
testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. 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. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-053 - - PAGE I of 4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Touchmark of the Treasure Valley, Warner G. Nistler, Manager.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon.it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval 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.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
January 24, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated
January 24,2005 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-053 - - PAGE 2 of 4
2, The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. 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) 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.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
I. 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 may be .filed.
2. 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 may be 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,
Exhibits
F.
Exhibit A:
Legal Description
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-053- -PAGE 3 of4
Exhibit C:
Approved Site Plan
Final Conditions of Approval
Exhibit B:
Exhibit D: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
!l1 P/l£<Þ- ' 2005.
(5 .¡~ day of
COUNCIL MEMBER KEITH BIRD
VOTED ~fu
VOTED-þ
VOTED*
VOTED-r
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED-
Attest:
and City Attorney.
BY:Jo~ AAUJV-..
City Clerk's Office
Dated: ,)-\\?-Q5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O4-053 - - PAGE 4 of 4
EXHIBIT A
OBGYN Associates CUP-04-053
Legal Description
DESCRIPTION FOR
MEDlAND PARCEL - MEADOW LAKE VILLAGE
TOUCHMARK CENTER
December 14, 2004
A PARCEL OF LANO BEING A PORTION OF LOT 1, BLOCK 2, OF TOUCHMARK
liVING CENTER SUBDIVISION Nol. LYING IN THE NW 1/4 OF SECTION 16,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOllOWS.
COMMENCING AT THE SOUTHWEST CORNER OF LOT I, BLOCK 2, OF
TOUCHMARKLIVING CENTER SUBDIVISION No.1,lYING IN THE NW 1/4 OF
SECTION 16, T. 3N, R 1 E., B.M" CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS
RECORDED AT THE ADA COUNTY RECORDERS OFFICE IN BOOK 89 OF PLATS,
PAGES 10313 TO 10316, THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION
THENCE N 00"20'17" W 260.00 FEET ALONG THE WEST LINE OF SAID LOT 1 TO A
POINT;
THENCE N 89'39'43" E 165"00 FEET TO A POINT;
THENCE S 00'20'17" E 58.01 FEET TO A POINT OF CURVATURE;
THENCF ALONG A CURVE TO THE lEFT 31,34 FEET. SAID CURVE HAVING A
RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 35'55'07", TANGENTS OF 16.21
FEET, AND CHORD WHICH BEARS S 18'17'50' E 30"83 FEET TO A POINT OF
TANGENCY;
THENCE S 36"15'24" E 149.77 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY OF E. LOUISE DRIVE;
ALONG SAID NORTHERLY RIGHT OF WAY AS FOLLOWS:
THENCE S 38'44'38" W 20A7 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT 85.31 FEET, SAID CURVE HAVING A
RADIUS OF 96.00 FEET, A CENTRAL ANGLE OF 50'55'01", TANGENTS OF 45.71
FEET, AND CHORD M'UCH BEARS S 64'12'10" W 82.53 FEET TO A POINT OF
TANGENCY;
THENCE S 69'39'43" W 174.94 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION,
SAID PARCEL CONTAINING 1,22 ACRES (53,108 S.F.), MORE OR LESS
EXHIBIT B
OBGYN Associates
CUP-04-053
Approved Site Plan
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EXHIBIT C
OBGYN
CUP-04-053
Final Conditions of Approval
SPECIAL CONSIDERATIONS
1.
The Lot I Block 2 of Touchmark Living Centers Subdivision FP-02-006 requires
a lot line adjustment prior to issuance of any building permit or certificate of
zoning compliance.
2.
Fire Lanes: Due to the proposed accesses to the buildings, the fire department is
requesting placement of additional hydrants onsite. Staff notes that the proposed
site plan (AU dated 12.15.04) shows no hydrants on the site. A hydrant shall be
installed along Louise Drive and another along the access lane in the vicinity of
the staff parking lot north of the building as defined by Joe Silva on 1.21.05.
3.
Parking: A cross access agreement for access to the north and east of the site
shall be filed prior to issuance of any building permit or certificate of zoning
compliance,
4.
Setbacks: The site plan depicts the proposed setbacks for the project. Staff
recommends approval of the proposed setbacks for the project. See conditions #1
and 2 below.
CONDITIONS OF APPROVAL
1.
Setbacks are approved as depicted on the site plan (AU dated 12.15.04). The
minimum parking setback shall be 0' feet to the north and the project layout shall
remain in substantial compliance with the approved site plan.
2.
Parking is approved as depicted on the site plan. Minor modifications can be
made, if necessary, during the CZC process as long as the overall parking ratios
remain in conformance with the Meridian City Code. If upon future redesign of
Block 2 ofTouchmark Living Center Subdivision the access to the east of the site
becomes a public right of way then the parking stalls along the east side of the
building shall be eliminated.
All surface parking shall conform to the minimum dimensions per ordinance of 9'
x 19' with 25' wide drive aisles. Compact stalls are only allowed in the staff
parking lot to the north of the building as depicted on the site plan (AI. 1 dated
12,15.04),
11.
12.
4.
The landscaping is approved per the landscape plans (sheets Ll.O) dated 12.15.04.
All street trees shall be deciduous species, as shown; conifers will be allowed
internally as shown.
5.
This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
6.
Applicant must comply with the conditions of the annexation, plat, planned
development, and development agreement for Touchmark Living Centers.
7.
All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
8,
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. Signs shall conform to the requirements
of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and
as submitted with the application,
9.
All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
10.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water 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 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,
Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be 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.
Sanitary sewer and water service shall be via existing service lines in Meadow
Lake Village that will be extended as part of this proposed development.
Applicant shall coordinate size and routing with the Public Works Department.
13,
Underground vear-round pressurized irrigation must be provided (from an
existing system) to all landscape areas on this site,
FIRE DEPARTMENT
I. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 W' 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 ] 0' to each
side ofthe hydrant location.
e, Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g, Fire hydrants shall be place 18" above finish grade.
3. 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 an appr()ved turn around,
4, All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius,
5. All Common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
6, Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D,
8. The medical office lot will have an unknown transient population and will have an
unknown 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.
9. Maintain a separation of 5' from the building to the dumpster enclosure,
10. Provide a Knoxbox entry system for the complex prior to occupancy.
II. The first digit of the Office Suite shall correspond to the floor level.
12. All processes & storage practices shall be required to comply with the International
Fire Code,
13. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes,
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
15. There shall be a fire hydrant within 100' of all fire department connections.
POLICE DEPARTMENT COMMENT:
I, The Police Department has no concerns related to the site design submitted with
the application.
SANITARY SERVICES CORP, COMMENT:
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the required
modifications may significantly impact your site design and may require a revised
site plan, If the site plan is revised, contact the planner assigned to the project
immediately to discuss the changes and how to proceed with the revised site plan.
2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
EXHIBIT D
OBGYN
CUP-04-053
Conditional Use Permit Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional nse permit if they shall f'md evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A,
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other featnres as may be required by
this ordinance;
Staff finds that the subject property is large enough to accommodate the requested
use and all other required features as noted above. As part of the planned
development, the applicant is requesting approval of parking scenario proposed,
as follows: The staff parking will be served by the north parking lot with an
approximate ratio of one space per staff, with 25 spaces, nine compact with zero
lot line parking to the north, The clinic will be served by 38 parking spaces
(which is a ratio of one space per each 1.5 units), The Emergency doctor parking
will be served by 5 spaces in the front cross access lane.
Standard ordinance parking requirements for "Clinics (medical, dental, optical)"
apply to the site, The standard is ordinance for Clinics (medical, dental, optical is
One spaces per 200 gross square feet. The proposed building is 10, 339 gross
square feet, requiring 53 parking spaces. The applicant has proposed 68 parking
spacs in compliance with the Chapter II Section 13 MCC.
Staff supports the proposed parking ratios, zero lot line parking, and compact
spaces as they are based on the applicant's experience with similar projects in
other areas. Staff has concerns with the five parking spaces backing out on the
cross access road which has not been finalized. If the cross access road becomes
public right of way during the replatting of touchmark living centers subdivision,
these five parking spaces shall be eliminated,
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;
The current Comprehensive Plan Land Use Map designates the property as
"Mixed Use Community," Staff finds that the proposed clinic/medical office uses
are harmonious with and in accordance with the Comprehensive Plan. The
E.
overall project was approved as a conditional use for a planned development in
order to allow reduced setbacks and multiple buildings on a single lot. The current
proposal is also a planned development to modify the original layout and to
provide detailed approval. If the project is approved as a Planned Development, it
will meet the minimum requirements of the MCC.
This proposal is in compliance with the mixed use policies in Chapter 7 (pp. 97-
98). The purpose of the mixed use designation in the Comprehensive Plan "is to
ideotify key areas which are either infill in nature or situated in highly visible or
transitioning areas of the city where innovative and flexible design opportunities
are encouraged. The intent of this designation is to offer the developer a greater
degree of design and use flexibility." Thus staff concurs that the flexibility
requested through the PD application is' in harmony with the intent of the
Comprehensive Plan designation and similar uses in the local vicinity.
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;
Staff finds that the proposed medical office will not adversely change the existing
(mixed use) or intended (mixed use) character of the general vicinity. The
proposed project boundary is surrounded on three sides by other property owned
by Touchmark for the Touchmark Living Center Subdivision FP-02-006 project
and is in harmony with the approved conceptual plan for the project. Any impacts
of the clinic will likely be restricted to existing and future phases replatting of the
Touchmark Living Centers project itself. The site requires a lot line adjustment
between lots 1-3 in Block 2 ofTouchmark Living Centers Subdivision. The Lot
Line Adjustment shall be submitted to Public Works prior to re-plat if the
applicant wishes to obtain a building permit prior to recordation of a re-
subdivision of Block 2.
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed clinic will adversely affect adjacent
properties due to the fact that the proposed clinic' is in compliance with the
conceptual plan for Meadow Lake Village project and Touchmark Living Centers
Subdivision, Any impacts of the clinic will likely be restricted to existing and
future phases of the project itself. The Commission and Council should consider
any testimony (written and oral) presented at the public hearings before making
this finding.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
F.
G.
H,
I.
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Staff finds that the proposed development can be adequately served by the
essential public facilities and services listed above, City water & sewer mains
have been constructed within the Meadow Lake Village project and will be
extended as part of this proposed development. Drainage will be retained on site.
Trash enclosures have been provided on-site for refuse disposal. The applicant
needs to coordinate with the Fire Department regarding the fire lanes.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Stafffmds that the proposed development will not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or
services to be paid for by the public. All required improvements, including
landscaping, paving, parking, installation of services and roads, etc. will be paid
for by the developer, The primary public costs to serve the project will be for fire
and police services.
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 general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff finds that no excessive traffic, smoke, fumes, glare or odors should result
from the proposed medical office use,
That the proposed use will have vehicular approaches to the prDperty which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Staff finds that the proposed use will not create significant interference with any
traffic on the surrounding public streets.
That the proposed use will not result in the destruction, loss or damage of a
natnral, scenic or historic feature considered to be of major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or
destroyed by issuance of this conditional use,