HomeMy WebLinkAboutCherry Lane Office Park CUP-03-048
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579. Fax 898-5501
PUBLIC WORKS
(208) 898-5500. Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M, Nary
Charles M. Rountree
Keith Bird
February 23, 2004
Dave McKinnon
Pinnacle Engineers, Inc.
12552 W. Executive Drive
Suite B
Boise, ID 83713
RE: CUP 03-048 Findings, Decision and Order granting Conditional
Use Permit for a Nursing Home for Cherry Lane Office Park
Subdivision in a L-O Zone
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Dear Dave:
Enclosed you will find a copy of the above mentioned document(s) in regards to
your project(s) pending with the City of Meridian.
Please feel free to contact our office if you have any questions.
~L~
Jolene Robles
Deputy City Clerk
Enc.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk OIIiee Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
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MEMORANDUM
To:
William G, Berg, Jr.
From:
William F. Nichols
Subject:
BY: PINNACLE ENGINEERS, INe. FOR CONDITIONAL USE PERMIT FOR
A PLANNED DEVELOPMENT FOR A NURSING HOME FOR CHERRY
LANE OFFICE PARK SUBDIVISION IN AN L-O ZONE
FileNo,;
CUP-03-048
Date:
January 30, 2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
L.A W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agend,] for Coullci I discussion and decision.
If you should have any questions please give me a call.
Z:\Work\M\Meridian\Meridillll 15360M\Che1TY L:lne Otlice Park Sub PP-03-029 CUP_03_048\ClkLlrCUPtTcls&Order,dl1c
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APPROY AL FOR A
NURSING HOME FACLITY AND 5
OTHER OFFICE PAD SITES ON
2.07 ACRES IN AN L-O ZONE,
LOCATED ON THE NORTH SIDE
OF CHERRY LANE,
APPROXIMATELY 1,300 FEET
WEST OF LINDER ROAD, WITHIN
SECTION 2, TOWNSHIP 3 NORTH,
RANGE 1 WEST, MERIDIAN,
IDAHO
PINNACLE ENGINEERS, INc',
APPLICANT
C/C 01-20-04
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Case No. CUP-03-048
FINDINGS OF FACT AND
CONCLUSIONS OF LA WAN 0
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The ocbove entitled conditional use permit application having come belore the City
Council on January 20,2004, at the hour of7:00 p.m., at Meridian City Hall, JJ East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Assistant City Planner for the Planlling and
Zoning Department, and David McKinnon, appeared and testified, and the City COLlllei I having
duly considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing and the
Council having heard and taken oral and written testimony, and having duly considered the
maller, the City Council hereby makes the following Findings of Fact, Conclusions of Law and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL LISE PERMIT
PAGE 1 OF 26
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Decision and Order to-wit:
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use pemlit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for January 20, 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 January 20,2004, 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 S67-6509, 6512, and Meridian City Code 0011-15-5 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 of the
provisions of the Meridian City Code 0 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on the north side of Cherry Lane, approximately 1,300 feet
FINDINGS OF FACT AND CONCLUSIONS OF LA W Al\'D DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 26
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\Vest of Linder Road, within Section 2, Township 3 North, Range I West, Meridian, Idaho.
5, The owner of record of the subject property is the ChetTV Lane Baptist Church of
Meridian, Idaho, Inc.
6. Applicant is Pinnacle Engineers, Inc,
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,
S, The proposed application requests a Conditional Use Permit approval for a
Planned Development to operate a nursing home facility for 40 patients and 5 office pad sites in
an L-O zone, including reduced setbacks, reduced landscape buffers, and redLlced landscaping
along ChelTY Lane, The L-O zoning designation within the City of Meridi an Zoning and
Development Ordinance requires a Conditional Use Permit be obtained for nursing homes (MCC
ll-S-l J.
9. The proposed application is in compliance with the Meridian Comprehensive
Plan.
10. The use proposed within the subject application will in fact, constituIe a
conditional use as determined by City ordinance.
11. The Meridian City Council talces judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles II 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,
l2, Giving due consideration to the cOl11ment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 26
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services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and tbe following is also found to be required
10 mitigate the effecls of the proposed use and development upon services delivered by political
sLlbdi visions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A, Adopt the Recommendalions of the Planning and Zoning Commission as follows:
], Amend Site Specific Condition #2 on page 12 of the staff report transmitted on
November 13,2003, by deleting "pedestrian access and" in the lirst sentence,
2. Amend the second sentence of Site Specific Condition #2 of the staffreporI 10 delete the
first "Cherry Lane" and replace it with "main".
3, Amend the third sentence of Site Specific Condition #2 on page 2 of the staffreport by
deleting "access" and replacing it with "connectivity".
4, Amend the beginning of the second sentence of Site Specific Condition #3 on page 13 by
adding: "Except for the existing rock in the existing drainage swale,".
5. Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the
three proposed parking stalls that are located on the east side of the east driveway's
entrance to be next to the other parking spaces for the same building."
6, Delelc Ihe second sentence of Site Specific Condition #5 on page 13.
7, Amend the Ihird senlence of Site Specific Condition #5 on page 13 by changing "six" to
"three" and deleting "and drive aisle area".
B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as modi lied
by the Commission as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PO)
1, The Applicant shall meet all of the requirements of the Preliminary Plat as a condition ofthe
Conditional Use Permit.
2. Building setbacks for Lots 2 and 5, Block 1, may be reduced to 15 feet (measured from the
face ofthe building to the property line) if pedestrian assess and architectural design features
(windows, dormers, etc.) are placed on the south elevations. Connect the Chcr::y Lane main
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRA'\'TING CONDITIONAL USE PERMIT
PAGE 4 OF 26
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entrance of the buildings with the existing sidewalk on Cherry Lane with a north-south
oriented pedestrian pathway. [f pedestrian access connectivity and Drc11itecturDl design
features are not included on the buildings abutting Cherry LDne, a 25-foot wide landscape
buffer and building setback shDII be required All landscaping along ChelTY Lane shDl1 be in
accordance with MCC 12-13-10,
3, Except abutting the existing stnrcture on Lot I, Block I, provide a 20-foot wide landscape
buffer along the north and east propeliy lines, as proposed. Except for the existing drain
rock in the drainage swale, buffer materials shall be installed in accordance with MCC 12-
13-12, including a mixture of evergreen and deciduous trees, shrubs, and other ground cove,-
to buffer the adjacent homes from the proposed development. The existing 10-foot wide
setback and buffer adjacent to the existing stmcture, is approved with an alteration ofMCC,
and is approved due to the location of the existing structure on the proposed Lot I, Block 1,
4, Re-stripe and sign the parking stalls soulh of the existing structure on Lot 1, Block I, for
compact cars (IS-feet long by 9-feet wide). Provide a back-up/turnaround area for the
westem most compact parking stall in the parking area. Said back-LLp/turnaroLlI1d area shall
be paved a minimum five feet in width. Other than the existing drive aisle and parking west
of the western driveway, the drive aisles and parking areas (including landscaping) within the
development shall be constructed in accordance with MCC 11-13 and MCC 12-13.
5. Rcmo'/clVlove the si7t three proposed parking stalls that are locatedncar thc c~:stcrn on the
east side of the east driveway's entrance to be next to the other parking spaces for the
same building. Reducc the easlem dri,,'cw~;)' from thc 'II foot '"iltth proposcd, Said
impervioLls areas (si7t three parking stalls and dr;yc aislc are~:) shall be incorporated inlo Ihe
common plaza area and into additional landscaping adjacent to the proposed bui lding on Lot
3, Block I. Provide a note on the plat, or another means to make sure that mai ntenance of the
common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is
accounted for.
6, The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City
Clerk's office at least 10 days prior to the next public hearing for this application. Said
revised Site and Landscape Plan shall include all of the modifications required in the Site
Specific Conditions above.
ST ANDARD CONDITIONS (CONDITIONAL USE/POl
1. Off-street parklng shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements, Paving and striping
shall be in accordance with the standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERlVIIT
PAGE 5 OF 26
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2, A drainage plan designed by a State ofldaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement for joint
drainage facilities shall be developed for inclusion in the CC&R's ofthe subdivision.
3, Outside lighling shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
4, All signage shall be in accordance with the standards set forth in the City of Meridian Zoning
and Development Ordinance. No temporary signage, flags, banners or flashing signs will be
pennitted.
C Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
I. Utilize driveway # 1 located on Chen)' Lane, l26-feet east of the west property line. This
location meets District policy and shall be approved with this application.
2. The applicant shall do one of the following:
Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is currently located
21 O-feet east of driveway #1 (measured near edge to near edge) and approximately l3l-feet
west oflhe near edge of Vineyards Avenlle.
OR
Relocate driveway # 2, approximately ISO-feet east of driveway # 1 (measured near edge to
near edge) and 190-feet west of Vineyard Avenue,
Pave the driveway its full width and at least 30-feet into the sile beyond the edge of pave men I
of the roadway with IS-foot curb radii abutting the existing roadway edge.
3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the
unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match
existing improvements abutting the site.
4. Other than the access point(s) specifically approved with this application, direct lot or parcel
access to Cherry Lane is prohibited. Lot access restrictions, as required with this application.
shall be stated on the final plat.
5. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 26
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Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way,
7 All utility relocation costs associated with improving street frontages abutting the sile 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, Uti lity 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 al1d approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho 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 confonmmce 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 construclion in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact
Fee Ordinance,
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DlGLINE (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 representaIive and all
authorized representative of the Ada County Highway District. The bmden shall be upon the
applicant to obtain written confinnation of any change from the Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 26
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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 advise8 the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
D, Adopt the Recommendations of the Settlers Irrigation District as follows:
I, All itTigation/drainage facililies along with their easements must be protected and
continue to function. The Settlers Canal courses along the east and south
boundaries of the property in RCP pipe,
2. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
3, SID does not allow any trees or pernlanent structures wilhin its easement.
4. SID does not allow any storm drainage into its system.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
I, That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2, Acceptance oflhe water supply for fire protection will be by the Meridian
Water Department
3 Final approval of the fire hydrant locations shall be by the M,eridian Fire
Department.
4. All internal & external roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins,
6. No ve11ical obstructions or mature landscaping which obstructs the outlets ofthe fire hydrant
within 10'.
7, Ve11ical clearance for driveways shall be 13 '6", this may affect tree placement in landscaping
areas.
8, The driveway shall have a clear driving surface which is20' wide available at all times,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRAi\TING CONDITIONAL USE PERi\1IT
PAGE 8 OF 26
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9, Buildings on the South end of the proposed projects shall have their clddress posted 011 the
street side of the building,
10. It is requested that the buildings on the North side of the project have Iheir addresses posIeJ
on a monument sign at each entrance on Cheny Lane and on the buildings in 6" numbers,
F. Adopt the Recommendations of the Central District Health Depa11mellt as follows:
I. 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 Enviromnental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4, Slormwater shall be pre-treated Ihrough a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality. The engineers and
architects involved with the design of the subject project shall obtain current best
management practices for stormwater disposal and design a storm water management
system that prevents groundwater and surface water degradation.
G, Adopt the Conmlents/Recommendations of Meridian City Water Department as follows:
I, This property is currently supplied by a 1 inch service with a 1 inch meter setter necked down to ,1
% inch meter. If more gallons per minute is required a 1 inch meter could be installed without
excavation,
H. Adopt the Recommendations of Sanitary Service as follows:
I. Detailed enclosure plans need to be submitted.
I. Adopt the Recommendations of the Nampa & Meridian I1Tigation District as follows:
I, All municipal surface drainage must be retained on site, If any surface drainage leaves
the site, a Land Use Change Application must be filed.
2, All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805,
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 26
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./, Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clarification:
1, The applicant submitted a Revised Cberry Lane Office Park Staff Report response
letter dated December 11, 2003, and which letter is on record with the Meridian
City Clerk's office.
7 The applicant clarified at the January 20,2004 public hearing that the vehicle
parking has been moved so that it runs north-south, this is 10 allow addition'll
landscaping across Ihe front for more depth, The landscaping bel\\ccn the
buildings and the back properly is actually 15 feet
3. The project is designated to have four buildings, but the Preliminary Plat shows
six lots on the site. The reason for that is to provide some additional landscaping
where the sixth building would have been and provide additional parking stalls.
In the future is this site develops, and it's a usethat is very low in use, then if
there is not a need for parking, it is anticipated that it would be the last site to be
built (if there is no need for additional parking, then the site cOldd be built on).
13. As stated in MCC 12-6-1, 'The purpose of the planned development process is to
provide opportunity for land development that preserves and utilized natmal topographic,
geologic and scenic features; allows a more efficient pattern ofresidential, commercial and
induSlrialuses; fosters innovative design concepts and promotes flexibility in site design; and
provides for COIIIIIIOIl OpCIl space or other all/ellities not found in traditionallot-by-Iot
development." Deviations from the development standards and/or area requiremenIs of the zone
may be approved with a PD application.
As part of the Planned Development (PD) the Applicant is seeking relief from the
standard parking lot dimensions, front setbacks and landscape buffers as required by Meridian
City Code, Due to the location of the existing church to the nOlih and west property lines, and
the location of the existing parking lot south of the church building, the required landscape
buffers, setbacks, and parking lot dimensions on the western portion of the site are not proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 26
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in accordance with Meridian City Code, Further, the Applicant is requesting modifications (0 the
standard development requirements for the landscape buffer along Cherry Lane and new building
setbacks east of the west em driveway. It is found that the site is large enough to accommodate
the proposed uses and all yards, open spaces, parking, landscaping and other features req uired by
ordinance and/or by modifying the requirements through the Planned Development process,
14. The subject site is designated "Public/Quasi-Public" on the Comprehensive Plan
Future Land Use Map, Chapter 7 of the Comprehensive Plan defines Public, Quasi-Public and Open
Space as areas designated to preserve and protect existing private, municipal, state, alld federal land
for area residents and visitors. Theses areas include neighborhood, community, and urban parks,
Govemment facilities, public and private schools, health care facilities, churches, u(ililies, park and
recreational areas, and cemeteries are also considered public/quasi-public ly1Je uses. The Zoning
Schedule of Use Control Table requires nursing homes in the L-O zone to obtain a Conditional Use
Pemlit. The Applicant has applied for a Conditional Use Pemlit and requested modification of
building setbacks, landscape buffers, and parking lot dimensions as part of the PD for the CUP,
It is found that the existing church, proposed for conversion to a 11llrsing home facility
(health care), meets the definition of a quasi-public use and is in accordance with the Zoning
Ordinance except where noted herein (i,e., requested reduction of standards as stated with the PD
application). The other five lots within this development, proposed for office use, do not meet the
sInc! definition of a public or quasi-public use as defined in Chapter 7 of the Comprehensive Plan,
However, the Comprehensive Plan Future Land Use Map designation appears to have been clssignccl
to this property because the church existed on the site when the designations were prepared. Future
or further development of church sites into office type uses was most likely never anticipated for this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE II OF 26
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site or other churches that have the same L-O zoning and comprehensive land use designation as the
subject site. Because the five proposed office pad sites meet the general requirements outlined in the
Zoning Ordinance for the L-O zone, and because limiting the subject site to develop with only the
uses lisled inlhe Comprehensive Plan seems excessive, it is recommended approval of the proposed
office use on this site,
] 5. It is found that the general design, construction, operation, and maintenance
should be compatible with other uses in the general neighborhood and with the existing character
of the area. It is acknowledged that the existing character of the area will, and is, cUlTently
changing. It is also found that redevelopment of this site will not adversely change the essential
character of area.
16. It is not anticipated that the proposed uses will adversely affect the other propeliies in
Ihe vicinity.
17, Water service is proposed for extension to the site from the existing line in Cherry
Lane, Currently the existing church is provided sanitary sewer service via a gravity service linG that
exits the rear of the building and proceeds underground between the two adjacent homes 10 the west.
The Applicant is proposing to install a sewage lift station to pump the waste from the new proposed
structures to the same discharge point. Ifthis site can not be served by gravity sewer, the ]i ft station
shall be private. The Applicant may enter into an operation and maintenance contract with the City
for the facility.
ACHD staff has approved this application with conditions for driveway
location/construction and their standard requirements.
18. The developer will be required to finance the extension of sewer, water, utilities and
FI"IDlr\GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 26
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pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and
police services. It is found that there will not be excessive additional requirements at public cosl and
that the proposed use will not be detrimental to the community's economic welfare.
19. The proposed uses on the subject property would create additional traffic on nearby
arterial roadways. On April 4, 2002, there were 14,352 vehicle trips on Cherry Lane, west of Linder.
ACHD staff has estimated that this development would generate 116 additional vehicle trips per day
(98 existing) based on the Institute of Transportation Engineers Trip Generation Manual. Although
the development of this site will create additional traffic on the sUlTounding roadways, it is not
believed that the amount of vehicle Irips generated by the proposed developl1lcnI would be
detrimental to the overall welfare ofthe public, commuters, residences, or property in the area,
The fact is also recognized that traffic and noise may increase with the development
of this site. It is not anticipated that the development of this site will create excessive traffic, noise,
smoke, fumes, glare, or odors.
20, ACHD staff has reviewed and approved two vehicular approaches to the site from
ChetTY Lane. Review of the ACHD report for this project will provide for additional information
regarding this finding.
21. There are no natural or scenic feature(s) of major importance in the area that may be
affecled by the proposed development.
CONCLUSIONS OF LAW
l, The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter refened to for convenience as the "Act" codified al
Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERI\fIT
PAGE 13 OF 26
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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 COl1lmission by ordinance pursuant to Idaho Code Section 67-6504 which Ihe City
Council of the City of ' Meridian has established by the passage of the "City ofMcridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter [, 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 bLlt 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
circul1lswnces ot' each application for special use pet"l11it to delermine prior to granting the same
that the evidential showing supports the finding Ihat Ihe following standards are mel and thaI Ihe
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
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. Thai the proposed use will be served adequalely by essential public facilities and
services sllch as highways, streets, schools, parks. police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 26
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conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g, That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, propeliy 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 sLln'ounding public streets; and
i, That the proposed use will not result in the destmction, 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 01'
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 9 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 beld 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 alter the conclusion ol'lhe
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 26
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of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 0
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
Amended Comprehensive Plan of the City of Meridi an, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for a Planned
Developmenl to operate a nursing home facility for 40 patients and 5 office pad sites in an L-O
FINDLi'iGS OF FACT AND CONCLUSIONS OF LA W AND DECISION Ai\'D ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 26
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zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping along
Cheny Lane, subject to the following conditions of use and development, subject to the
following:
A. Adopt the Recommendations of the Planning and Zoning Commission as follows:
I. Amend Site Specific Condition #2 on page 12 of the staff report transmitted on
November 13,2003, by deleting "pedestrian access and" in the first sentence,
~ Amend the second sentence of Site Specific Condition #2 oftha staff report to delete the
lirsl "Cherry Lane" and replace it with "main",
3. Amend the third sentence of Site Specific Condition #2 on page 2 of the staff' report by
deleting "access" and replacing it with "connectivity".
4, Amend the beginning of the second sentence of Site Specific Condition #3 on page] 3 by
adding: "Except for the existing rock in the existing drainage swale,",
5. ' Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the
three proposed parking stalls that are located on the east side of the east driveway's
entrance to be next to the other parking spaces for the same building."
6, Delete the second sentence of Site Specific Condition #5 on page 13.
7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to
"three" and deleting "and drive aisle area".
B, Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified
by the Commission as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD)
], The Applicant shall meet all of the requirements of the Preliminat'y Plat as a condition of the
Conditional Use Pennit.
2, Building setbacks for Lots 2 and 5, Block I, may be reduced to 15 feet (measured from the
face ofthe building to the property line) ifpedcstrianllcccss and architectural design features
(windows, dormers, etc.) are placed on the south elevations. Connect the Cherry Lmc main
entrance of the buildings with the existing sidewalk on Cherry Lane with a north-south
oriented pedestrian pathway. If pedestrian a eeeSG connectivity and architectural design
features are not included on the buildings abutting Cherry Lane, a 25-foot wide landscape
FINDINGS OF FACT AND CONCLUSIONS OF LAW A.I\TD DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 26
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buffer and building setback shall be required. All landscaping along Cherry Lane shall be in
accordance with MCC 12-13-10.
3. Except abutting the existing structure on Lot I. Block 1, provide a 20-loot wide landscape
buffer along the nonh and easI propel1y lines. as proposed. Except for the existing drain
rock in the drainage swale, buffer materials shall be installed in accordance with ivlCC 12-
13-12, including a mixture of evergreen and deciduous trees, sl1ll.lbs, and other ground cover
to buffer the adjacent homes from the proposed development. The existing 10-foot wide
setback and buffer adjacent to the existing structure, is approved with an alteration ofMCC.
and is approved due to the location ofthe existing structure on the proposed Lot I, B lock I,
4. Re-stripe and sign the parking stalls south of the existing structure on Lot 1, Block 1, for
compact cars (IS-feet long by 9 -feel wide). Provide aback-up/turnaround a rea for the
western most compact parking stall in the parking area. Said back-up/turnaround area shall
be paved a minimum five feet in width. Other than the existing drive aisle and parking west
of the westem driveway, the drive aisles and parking areas (including landscaping) within the
development shall be constructed in accordance with MCC 11-13 and MCC 12-13.
S. Rcn:oyc Move the sHf three proposed parking stalls that are located near the eastern on the
east side of the east driveway's entrance to be next to the other parking spaces for the
same building. Reduce thc eastern driveway from the 11 foot width proposod. Said
impervious areas (sHf three parking stalls and dri';e aisle ':1'0':) shall be incorporated illlO tbe
common plaza area and into additional landscaping adjacent to the proposed building on Lot
3, Block 1. Provide a note on the plat, or another means to make sure thai maintenance ortbe
common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is
accounted for.
6, The Applicant shall submit 15 copies of a revised Site and Landscape Plan [0 the City
Clerk's office at least 10 days prior to the next public hearing for this application, Said
revised Site and Landscape Plan shall include all of tbe modifications required in the Site
Specific Conditions above.
STANDARD CONDITIONS (CONDITIONAL USE/PO)
I, Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. Paving and striping
shall be in accordance with the standards set fOlih in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities Act (ADA)
req uirements.
7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas, All site drainage shall
be contained and disposed of on-site. An operation and maintenance agreement lor joint
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 26
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drainage facilities shall be developed for inclusion in the CC&R' s of the subdivision.
3. Out8ide lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance.
4, All signage shall be in accordance with the standards set fOlih in the City of Meridian Zoning
and Development Ordinance. No temporary sigJlage, flags, banners or flashing signs will be
penn i tted.
C. Adopt the Recommendations of the Ada County Highway District as fo 1I0ws:
Site Specilic Conditions of Approval
\. Utilize driveway # 1 located on Cherry Lane, l26-feet east of the west property line This
location meets District policy and shall be approved with this application.
2. The applicant shall do one of the following:
Utilize driveway # 2 in its current location on Chen'y Lane. Driveway # 2 is currently located
21 D-feet east of driveway #1 (measured near edge to near edge) and approximately 131-feet
west of the near edge of Vineyards Avenue.
OR
Relocate driveway # 2, approximately lSD-feet east of driveway # 1 (measured near edge to
near edge) and 19D-feet west of Vineyard Avenue.
Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement
of the roadway with 15-foot curb radii abutling the existing roadway edge.
3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the
Lll1llsed driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match
existing improvements abutting the site.
4. Other than the access point(s) specifically approved with this application, direct 101 or parcel
access to Cherry Lane is prohibited. Lot access restrictions, as reqLlired with this application,
shall be stated on the final plat.
5, Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL L'SE PERMIT
PAGE 19 OF 26
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Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2, All utility relocation costs associated with improving street fronlages abulIing 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 construction of the proposed development. Contact Construction Services aI
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 Disl1ict's Utility Coordinator at 387-6258 (with file
numbers) for details.
S. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, lSPWC Standards and approved sLlpplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6, The applicanl 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 ofthe Ada County Highway District prior to District approval tar occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impacl
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10, No change in the terms and conditions of this approval shall be valid unless they 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 High\\"l)'
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 26
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il. Any change by the applicant in the plal1I1ed use of the property which is the subj eet 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 0 f
the subject propeliy unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
D, Adopt the Recommendalions of the Settlers Irrigation District as follows:
I, All irrigation/drainage facilities along with their easements must be proIeeted and
continue 10 function. The Settlers Canal courses along the east and south bounclaries of
the properly in RCP pipe.
2, Any changes to the existing in-igation system such as relocation, tiling, ancllanclscaping
must be approved by Settlers Irrigation District.
3. sm does not allow any trees or permanent structmes within its easement.
4. SID does not allow any stonn drainage into its system.
E. Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow as required by the Intemational Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350' apart.
o
Acceptancc of the water supply for fire protection will be by the Mel-iclian
Water Department,
3 Final approval of the fire hydrant locations shall be by the Mericlian Fire
Department.
4, All internal & extemal roads shall have a turning radius of28' inside ancl48' outside,
5, Operational fire hydrants are required before combustible construction begins,
6. No ve11ical obstructions or mature landscaping which obstrucls the outlets of the lire hydrant
within 10'.
7. Vertical clearance for driveways shall be 13 '6", this may affecttree placement in landscaping
areas.
8. The driveway shall have a clear driving smface which is20' wide available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 21 OF 26
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9, Buildings on the South end of the proposed projecls shall have their address posted on the
streel side oflhe building,
10. It is requested that the buildings on the North side of the project have their addresses posted
on a monument sign at each entrance on Chen-y Lane and on the buildings in 6" numbers,
F. Adopt the Recommendations of the Central District Health Department as follows:
], 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 Envirollmental
QLlality.
3. Run-offis not to create a mosquito breeding problem.
4, Stormwater shall be pre-treated through a grassy swale prior to discharge to the
subsurface 10 prevent impact to groundwater and surface water quality. 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 managemenI
system that prevents groundwater and surface water degradation,
G. Adopt the CommentslRecommendations of Meridian City Water Depm1ment as follows:
1, This prope11y is cunently supplied by a] inch service with a ] inch meter setter necked down to a ~~
inch meter. If more gallons per minute is required a I inch meter could be installed wilhout
excavation.
H. Adopt the Recommendations of Sanitary Service as follows:
1. Oetai led enclosure plans need to be submitted.
I Adopt the Recommendations of the Nampa & Meridian Inigation District as follows:
I, All municipal surface drainage must be retained on site, If any surface drainage leaves
the site, a Land Use Change Application must be filed.
2, All laterals and waste ways must be protecled,
3. The developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 22 OF 26
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.I Adopt the action of the City Council taken at their January 20,2004 meeting as follows:
For clarificalion:
I. The applicant submitted a Revised Cherry Lane Office Park Staff Report response
letter daled December 11,2003, and which letter is on record with the Meridian City
Clerk's office.
7 The applicant clarified at the January 20,2004 public hearing that the vehicle
parking has been moved so that it runs north-south, this is to allow additional landscaping
across the front for more depth. The landscaping between the buildings and the back
property is actually 15 feet.
3. The project is designated to have four buildings, but the Preliminary Plat shows six
lots on the site. The reason for that is to provide some additional landscaping where the
sixth building would have been and provide additional parking stalls. [n the future is this
site develops, and it's a use that is very low in use, then if there is not a need for parking,
it is anticipated that it would be the last site to be built (ifthere is no need for additional
parking, then the site could be built on),
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
~ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shallmcet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attomey 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 DepaI1ment and any affected party requesting notice.
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 pemlit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 23 OF 26
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holder must commence Ihe use as pemlitted in accordance with the conditions ol'approval.
satisfy the requirements set forth in the conditions of approval, acquire building pe1l11its and
commence construction of permanent footings or structures on or in the groLll1d. In this context
"structures" shall include sewer and water lines, streets or building construction. The app licant
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 Ihirty (30) days prior to the deadline for completion of the
proJect. For projects requiring platting, the final plat must be recorded within Ihis eightccn (18)
month period, For projects with n1Llltiple 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 submitled within one
year intervals, the conditional approval of the futLlre phases shall be null and void. (MCC 11-17-
4.8.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANAL YSrS
The Applicant is hereby notified thaI pLlrsuant 10 Idaho Code 67-8003, the Owner may
request a regulatory laking 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
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 24 OF 26
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for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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
condirionaluse penl1it 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
I tJ -I!J.-
clay of
h6~'1' ,2004.
ROLL CALL:
COUNCILMAN BILL NARY
VOTEDr
VOTED~
VOTED~
COUNCILMAN SHAUN WARDLE
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED~
---
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED:j-I(J-tJ~
MOTION: 'I.
APPROVED:----f-=---
VOTED
DISAPPROVED:
Mayor
FINDINGS OF FACT AND CONCLlISIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL lISE PERMIT
PAGE 2S OF 26
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FINDrNGS OF FACT AND CONCLUSIONS OF LAW AND DECISIOl" AND ORDER
GRAI\'TIJ'iG CONDITIONAL USE PERMIT
PAGE 26 OF 26
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APPROVAL FOR A
NCRSING HOI\IE FACILITY AND 5
OTHER OFFICE PAD SITES ON
2,07 ACRES IN AN L-O ZONE,
LOCATED ON THE NORTH SIDE
OF CHERRY LANE,
APPROXIMATELY 1.300 FEET
WEST OF LINDER ROAD, WITHIN
SECTION 2, TOWNSHIP 3 NORTH,
RANGE] WEST, MERIDIAN,
IDAHO
PINNACLE ENGINEERS, INC.
APPLICANT
CIC 01/20104
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-03-048
ORDER GRANTING
CONDITIONAL USE PERMIT
1, This matter coming before the City Council on January 20,2004, under the
provisions of Meridian City Code ~ 11-17-4 for final aclion on conditional use permit application
and the COllI1cil 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 pellllit for a Planned
Development to operate a nursing home facility for 40 patients and 5 office pad sites in an L-O
zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping a,long
ORDER CONDITIONAL USE PERMIT
(CUP-03-048)
PAGE] OF]O
.
,
.
Cherry Lane, subject to the following conditions of use and development:
A, Adopt the Recommendations of the Planning and Zoning Commission as follows:
I, Amend Site Specific Condition #2 on page] 2 of the staffrepol"t transmitted on
November 13, 2003, by deleting "pedestrian access and" in the tirst sentence,
2. Amend the second sentence of Site Specific Condition #2 of the staff report to delete the
first "Cherry Lane" and replace it with "main".
3. Amend the third sentence of Site Specific Condition #2 on page 2 ofthe staffreport by
deleting "access" and replacing it with "connectivity".
4, Amend the beginning ofthe second sentence of Site Specific Condition #3 on page 13 by
adding: "Except for the existing rock in the existing drainage swale,".
5. Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the
three proposed parking stalls that are located on the east side of the east driveway's
entrance to be next to the other parking spaces for the same building."
6, Delete the second sentence of Site Specific Condition #5 on page 13.
7, Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to
,.three" and deleting "and drive aisle area",
B, Adopt the Recommendations of the Planning and Zoning and Engineering staff as modi tied
by the Commission as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD)
1. The Applicant shall meet all afthe requirements ofthe Preliminary Plat as a condition of the
Conditional Use Pemlit.
2, Building setbacks for Lots 2 and 5, Block 1, maybe reduced to 15 feet (measured from the
face ofthe bui lding to the property line) if pedestrian aceess and architectural design features
(windows, domlers, etc,) are placed on the south elevations. Connect the Cherry Lane main
entrance of the buildings with the existing sidewalk on Cherry Lane with a nOlih-south
oriented pedestrian pathway. Ifp edestrian 3-€€eS-S connectivity and architectural design
features are nol included on the buildings abutting Cherry Lane, a 25-foot wide landscape
buffer and building setback shall be required. All landscaping along Cherry Lane shall be In
accordance with MCC ] 2-13-10.
ORDER CONDITIONAL USE PERMIT
(CUP-03-048)
PAGE 2 OF 10
.
.
3. Except abutting the existing structure on Lot I, Block I, provide a 20-foot wide landscape
buffer along the north and east property lines, as proposed. Except for the existing drain
rock in the drainage 8wale, buffer materials shall be installed in accordance with MCC 12-
13-12, incl uding a mixture of evergreen and deciduous trees, shrubs, and other ground cover
to buffer the adjacent homes from the proposed development. The existing 10-foot wide
setback and buffer adjacent to the existing structure, is approved with an alteration ofMCC,
and is approved due to the location of the existing structure on the proposed Lot I, Block I.
4, Re-stripe and sign the parking stalls south of the existing structure on Lot I, Block I, for
compact cars (IS-feet long by 9 -feet wide), Provide aback-up/turnaround a rea for I he
weslern most compact parking stall ;n the parking area, Said back-up/turnaround area shall
be paved a minimum five feet in width, Other than the existing drive aisle and parking west
of the westem driveway, the drive aisles and parking areas (including landscaping) within Ihc
development shall be constructed in accordance with MCC 11-13 and MCC 12-13,
5, R0f!:ovs Move the s* three proposed parking stalls that are located n0"r the ",,"18m on the
east side of the east driveway's entrance to be next to the other parking spaces for the
same building. Red,we tho eastern drivoway from thc 41 fool width proposed. Said
impervious areas (s* three parking stalls and dri'ie aisle arca) shall be incorporated into the
common plaza area and into additional landscaping adj acent to the proposed building on Lot
3, Block I, Provide a note on the plat, or another means to make sure that maintenance ofthe
common areas (parking, drive-aisles, landscape areas, etc,) throughout the development is
accounted for.
6 The Applicant shall submit IS copies of a revised Site and Landscape Plan to the City
Clerk's office at least 10 days prior to the next public hearing for this application. Said
revised Site and Landscape Plan shall include all of the modifications required in the Site
Specific Conditions above,
STANDARD CONDITIONS (CONDITIONAL USE/PO)
I, Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as delailed in site-specific requirements. Paving and striping
shall be in accordance with the standards set fOl1h in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities Acl (ADA)
requirements,
2. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall
be contained and disposed of on-site, An operation and maintenance agreement for joint
drainage facilities shall be developed for inclusion in the CC&R's of the subdivision,
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3, Outside lighting shall be designed and placed so as not 10 direct illumination on any nearby
residential areas and in accordance with City Ordinance.
4. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning
and Development Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted.
C. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
I. Utilize driveway # I located on Cherry Lane, 126-feet east of the west property line. This
location meets District policy and shall be approved with this application,
2. The applicant shall do one of the following:
Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is CLlrrently located
21 O-feel east of driveway # I (measured near edge to near edge) and approximately l3l-feet
west of the near edge of Vineyards Avenue.
OR
Relocate driveway # 2, approximately 1 50-feet east of driveway # I (measured near edge to
near edge) and 190-feet west of Vineyard Avenue.
Pave the driveway its full width and at least 30-feet into the site beyond the edge oj'pavement
of the roadway with lS-foot curb radii abutting the existing roadway edge.
3. Should the applicant relocate driveway # 2, the applicant shall be required to replace Ihe
unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match
existing improvements abutting the site.
4. Other than the access point( s) specifically approved with this application, direct lot or parcel
access to Cherry Lane is prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
S. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing in-igation facilities shall be relocated outside of the right-of-way,
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2. All utility relocation costs associated with improving street frontages abutting the site shall
be bome 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 LlI1less approved in
writing by the Dislrict. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) Cor details.
5, All design and construction shall be in accordance with the Ada County Highway DisIrict
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 ofIdaho 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 pennits), which incorporates any required design changes.
7, Construction, use and property development shall be in confonnance 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 #197, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIG LINE (1-800-342-1585) at leasI two hill business
days prior to breaking ground within ACHD right-oC-way. The applicanl shall contact
ACHD Traffic Operations 387-6190 in the evenl any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the tenns 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 ofthe Ada County Highway District. The burden shall be upon the
applicant to obtain written confimlation 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 subj ect 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
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successors in interest advises the Highway District of its intent to change the planned use or-
the subject property unless a waiver/variance of said ('equirements or other legal relicf is
granted pursuant to the law in effect at the time Ihe change in use is sough l.
D. Adopt the Recommendations of the Settlers lITigation District as follows:
1. All ilTigation/drainage facilities along with their easements must be protected and
continue to function. The Settlers Canal courses along the east and south
boundaries of the property in RCP pipe.
2. Any changes to the existing inigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
3. SID does not allow any trees or permanent structures within its easement.
4, SID does not allow any stoml drainage into its system.
E, Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow as required by the International Fire Code is provided to service the cntire
project. Fire hydrants shall be placed an average of350' aparl.
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 intemal & extemal roads shall have a turning radius of28' inside and 48' outside,
5. Operational fire hydrants are required before combustible construction begins.
6, No ve11ical obstructions or mature landscaping which obstructs the outlets ofthe fire hydrant
within 10',
7, VeI1ical clearance for driveways shall be 13'6", this may affect tree placement in landscaping
areas.
8. The driveway shall have a clear driving surface which is20' wide available at all times.
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9, Buildings on the South end of the proposed projects shall have their address posted on the
street side of the building.
10. II is requested that the buildings on the NOlih side of the project have their addresses posted
on a monument sign at each entrance on CheITY Lane and on the buildings in 6" numbers.
F, 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
fi'om appropriate entities is submitted.
2, The Applical1t's central sewage and central water plans mllSI be submi1\ed 10 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. StoIlnwater shall be pre-treated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality. 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 managemel1t
system that prevents groundwater and surface water degradation.
G, Adopt the CommentslRecommendations of Meridian City Water Department as follows:
I, This property is currently supplied by a 1 inch service with a 1 inch meter setter necked down to a
% inch meter. If more gallons per minute is required a 1 inch meter could be installed without
excavation,
H, Adopt the Recommendations of Sanilary Service as follows:
1. Detailed enclosure plans need to be submitted.
L Adopt the Recommendations of the Nan1pa & Meridian Irrigation District as follows:
I. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, a Land Use Change Application must be filed.
2. All laterals and waste ways must be protected.
3 The developer must comply with Idaho Code 31-3805.
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J. Adopt the action of the City Council taken at their January 20,2004 meeting as follows:
For clarification:
I. The applicant submitted a Revised Cherry Lane Office Park Staff Report response
letter dated December 11,2003, and which letter is on record with the Meridian
City Clerk's office.
2. The applicant clarified at the January 20,2004 public hearing that the vehicle
parking has been moved so that it runs north-south, this is to allow additional
landscaping across the front for more depth. The landscaping between the
buildings and the back property is actually 15 feet.
3, The proJecl is designaled [0 have four buildings, but the Preliminary Plat shows
six lots on the site, The reason for that is to provide some additional landscaping
where the sixth building would have been and provide additional parking sI,llls,
In the future is this site develops, and it's a use that is very low in use, then if
there is not a need for parking, it is anticipated that it would be the last site to be
built (if there is no need for additional parking, then the sile could be built on).
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 concJitionaluse permit.
4. Notice to Permit Holder, this conditional use permit is not transferable wilhout
complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to
this pet111it.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional Lise pemlit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the peml;t
holder must commence the use as pemlitted in accordance with the condiIions of approval.
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satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of penl1anent footings or structures on or in the ground, In this contexl
"struclures" 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 Ihe 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)
monlh period, For projects with multiple phases, the eighteen (18) month deadline shall apply to
Ihe 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 dale 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 wliting, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at
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issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the goveming body ofthe 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
conditionalllse permit approval may within twenty-eight (28) days after the date of this decision
and order seek ajlldicial review as provided by Chapter 52, Title 67, Idaho Code.
By action oflhe City COllncil at its regular meeting held on the -1-0 -t!::--
day 0 t
;:=ifJruevr?-
,2004,
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Talnm~' 11, er, Mayor City of Meridian
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Copy served upon Applicant, the Planning iir1't'i"ZOntl'l~g,Vepartment, Pubhc Works Departmenl
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Attest:
By: d1~-:,~~ ~ Dated
City Clerk
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