HomeMy WebLinkAboutTreasure Valley Pediatrics CUP-02-034
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR TREASURE
VALLEY PEDIATRICS IN AN L-O
ZONE, LOCATED IN
RESOLUTION BUSINESS PARK
ON THE SOUTH-EAST CORNER
OF E. OVERLAND ROAD AND S.
CELEBRATION AVENUE,
MERIDIAN, IDAHO
TREASURE VALLEY
PEDIATRICS,
APPLICANT
C/C 12/17/02
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Case No. CUP-02-034
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on December 17,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, Gary Smith Public Works Director, and Steve Tumey, appeared and
testified, and the City Council having duly considered the evidence and the record in this matter
and the Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard md 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
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said public hearing scheduled for December 17,2002, 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 ofthe 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 December 17,2002, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
platmingjurisdiction ofthe 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3, This proposed development request is in an L-O zone and by reason ofthe
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located in Resolution Business Park on the south-eas.t corner ofE.
Overland Road and S. Celebration Avenue, Meridian, Idaho.
5. The owner of record of the subject property is Resolution Business Park, LLC,
1908 Jennie Lee Drive, Idaho Falls, Idaho 83405.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
6. Applicant is Treasure Valley Pediatrics, 305 E, Jefferson, Ste. 101, Boise, Idaho
83712.
7. The subject property is currently zoned L-O (Limited Office). The zoning district
ofL-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 a Pediatric Clinic
in an L-O zone. Medical office uses are permitted uses in the L-O zoning designation within the
City of Meridian, per MCC 11-8-1. The recorded Development Agreement for this property
requires all uses to be approved as a conditional use.
9. The Meridian City Council recognizes that 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. Ada County Highway District acted on Resolution Business Park Subdivision
(AZ-00-004, CUP-00-015, CUP-00-016, CUP-00-017) on May 3,2000. The conditions and
requirements apply to CUP-02-034.
12. 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.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
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 ofthe
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments
1. Landscaping shall be installed as indicated on the submitted Landscape plan (Sheet
L.I0, dated 9-13-02, prepared by Jensen Belts for Treasure Valley Pediatrics). All
landscaping shall be continuously maintained and any dead or dying vegetation
shall be replaced upon request from the City.
2. The undeveloped portion of this property shall be maintained in a manner that is
free from nuisance causing conditions such as high weeds, stagnant water,
construction debris etc... as required by the Meridian City Code for all
undeveloped lots with the City of Meridian.
3. The undeveloped portion of the lot will either need to be subdivided and receive
conditional use permit from the city prior to development, or be approved as a
planned development for the construction of more than one principal building
located on one lot, prior to development.
4. All parking and areas of circulation shall be improved with a hard surface in
accordance with MCC 11-13-4.D, and shall be installed and striped in accordance
with the submitted site plan, ADA and MCC 11-13-4.F.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
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 shall be removed upon 3 days notice to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
8. 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 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.
9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-
1 C. Coordinate location and construction requirements with Sanitary Services, Inc.
10. 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 maybe obtained by providing surety to the City in the form
of a letter 0 f credit 0 r cash in t he amount 0 f 110% 0 ft he cost 0 f 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,
11, As part of a conditional use permit, the City of Meridian may impose additional
restrictions/ conditions.
12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior b
the start of construction.
13. The revised site plan submitted incorporates the central island in the sidewalk area
and is approved as submitted. The parking on the south side of the lot, adj acent to
E. Gala Street, shall be reduced from thirteen (13) to twelve (12) parking stalls in
accordance with the Landscape Ordinance.
B. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. If all storm drainage is retained on site the above-mentioned proposed project will
not impact the Nampa & Meridian Irrigation District and no further review is
required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
C. Adopt the Recommendation of Sanitary Service as follows:
1. Allow 10' inside of the gate posts for clearance and access to the waste receptacle.
2. Enclosure approved for a 3 cubic yard container, no larger. The front access is
limited.
D. Adopt the Recommendation of Central District Health Department as follows:
1. 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 Fire Department as follows:
1. That a fire-flow as required by the Uniform 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.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. All building uses and processes to comply with the fire code in effect at the time of
construction.
7. The driveway shall have a clear driving surface which is 20' wide available at all times.
F. Adopt the action of the City Council taken at their December 17,2002 meeting as follows:
1. The lot that is not being developed at the present time shall be maintained so that it
is free of weeds and that there will be no mosquito infestation, etc."
2. If the lot that is not being developed at the present ever has separate ownership or
provides for a Planned Development application, then the lot will need to be re-
subdivided.
14. It is found that the site is large enough to accommodate the required parking,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
landscaping, and other features required of an office use by this ordinance.
15. That the current Comprehensive Plan Land Use Map designates the property as
"Commercial". It is found that the proposed use and plan to be in compliance with the Meridian
Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staffreport are
met.
16. It is found that the proposed development will not adversely change the essential
character of the general vicinity and will be harmonious with the intended character of the Sanle
area.
17. It is not believed that the proposed use will not adversely affect other property in
the vicinity.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services such as highways, street, police, and fire protection,
drainage structures, refuse disposal, water, and sewer.
19, It is found that the proposed use would 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.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the use.
21. It is found that the proposed use will not create significant interference with
traffic on the surrounding public streets as long as ACHD requirements are met and all
approaches and traffic control measures are installed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
22, It is found that a natural or scenic feature may be lost, damaged or destroyed by
issuance of this conditional use permit.
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. S67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage ofthe "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 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 San1e
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 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 may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
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, ifit 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;
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 ofthe community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Limited Office District (L-O), a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code S 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion ofthe
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 S
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;
e. 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
Comprehensive Plan of the City of Meridian, which was adopted December 21, 199~, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
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 nmned applicant is granted a conditional use permit for a Pediatric
Clinic in an L-Q zone located at in Resolution Business Park on the south-east comer of E.
Overland Road and S. Celebration Avenue, Meridian, Idaho, subject to the following conditions
of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Site Specific Comments
1. Landscaping shall be installed as indicated on the submitted Landscape plan (Sheet L.l 0,
dated 9-13 -02, prepared by Jensen Belts for Treasure Valley Pediatrics). All landscaping
shall be continuously maintained and any dead or dying vegetation shall be replaced upon
request from the City.
2. The undeveloped portion ofthis property shall be maintained in a manner that is free from
nuisance causing conditions such as high weeds, stagnant water, construction debris etc...
as required by the Meridian City Code for all undeveloped lots with the City of Meridian.
3. The undeveloped portion of the lot will either need to be subdivided and receive
conditional use permit from the city prior to development, or be approved as a planned
development for the construction of more than one principal building located on one lot,
prior to development.
4. All parking and areas of circulation shall be improved with a hard surface in accordance
with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted
site plan, ADA and MCC 11-13-4.F.
5. 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.
6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate pe1mits. Temporary or portable signs shall be prohibited, and shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
removed upon 3 days notice to the applicant.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
8. A drainage plan designed by a State ofIdaho 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 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,
9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight
obscuring fence at least four feet in height in accordance with Ordinance 11-12-1e.
Coordinate location and construction requirements with Sanitary Services, Inc.
10. 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. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
11. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/ condi tions.
12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the
start of construction.
13. The revised site plan submitted incorporates the central island in the sidewalk area and
is approved as submitted. The parking on the south side of the lot, adjacent to E. Gala
Street, shall be reduced from thirteen (13) to twelve (12) parking stalls in accordance
with the Landscape Ordinance.
B. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. If all storm drainage is retained on site the above-mentioned proposed project will
not impact the Nampa & Meridian Irrigation District and no further review is
required.
C. Adopt the Recommendation of Sanitary Service as follows;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
1. Allow 10' inside of the gate posts for clearance and access to the waste receptacle.
2. Enclosure approved for a 3 cubic yard container, no larger. The front access is
limited.
D, Adopt the Recommendation of Central District Health Department as follows:
1. The Engineers and architects involved with the design ofthe 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 Fire Department as follows:
1. That a fire-flow as required by the Uniform 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.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. All building uses and processes to comply with the fire code in effect at the time of
construction.
7. The driveway shall have a clear driving surface which is 20' wide available at all times.
G. Adopt the action of the City Council taken at their December 17, 2002 meeting as follows:
1, The lot that is not being developed at the present time shall be maintained so that it is
free of weeds and that there will be no mosquito infestation, etc.
2. If the lot that is not being developed at the present ever has separate ownership or
provides for a Planned Development application, then the lot will need to be re-
subdivided.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
S 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 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 FINAL ACTION
Please take notice that this is a final action of the governing body ofthe City of Meridian,
pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial ofthe conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
~ a.nUtuL~ ' 2003.
ROLL CALL:
Ji{ f/rL day of
COUNCILMAN KEITH BlRD
VOTED~
VOTED~
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED*
VOTED 2jtR.-
COUNCILMAN WILLIAM L.M. NARY
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED: &1-14-03
MOTION: ~
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15