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HomeMy WebLinkAboutTreasure Valley Bus CUP 02-022 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 10/08/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A THREE ) BUILDING OFFICE COMPLEX IN ) AN I-L ZONE FOR TREASURE ) VALLEY BUSINESS PARK, ) LOCATED AT THE SOUTHWEST ) CORNER OF FLORENCE AND ) EAGLE ROAD, Yo MILE SOUTH OF ) FAIRVIEW A VENUE, MERIDIAN, ) IDAHO ) ) CLARK DEVELOPMENT, ) ) APPLICANT ) ) Case No. CUP-02-022 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 October 8, 2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway of the Planning and Zoning Department, Billy Ray Strite, and Steve Arnold, 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 and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 8, 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 October 8, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction 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 ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason ofthe provisions ofthe Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the south comer of Florence and Eagle Road, Y. mile south ofFairview Avenue, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner ofrecord ofthe subject property is T. Wright, President, Gemstone, Inc., PO Box 2727, Boise, Idaho 83701. The Applicant is Clark Development, 479 Main Street, Boise, Idaho 83702. 6. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 7. The proposed application requests a conditional use permit for construction of a three building office complex. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. 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. 11. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 ofthe Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all ofthe requirements ofthe preliminaryl final plat as a condition of the Conditional Use Permit. 2. All development and construction shall comply with the Americans with Disabilities Act. 3. All parking and circulation within the project shall be in compliance with MCC 11-13 except the parking spaces which are set out in Applicant's site plan to be seventeen feet (17') in length with a two foot (2') overhang. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. Construct a 5 foot wide concrete sidewalk on Florence Street and Olive Avenue abutting the parcel. 3. Construct a maximum 35 foot wide driveway on Florence Street located a minimum of 50 feet east ofthe pavement on Olive Avenue as proposed. 4. Construct a maximum 35 foot wide driveway on Olive Way located approximately 150 feet south of Florence Street as proposed. 5. Construct a maximum 35 foot driveway on Olive Way located approximately 310 feet south of Florence Street as proposed. 6. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of pavement of Florence Street! Olive Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. Unless otherwise approved by the Idaho Transportation Department, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State 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 conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call mGLINE (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiverl variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' ofthe project on the resubmitted plat. 2. All entrances and internal roads shall have corner~ with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the city of Meridian for water quality. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. D. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the Recommendations of the Sanitary Service as follows: 1. The plans have been reviewed with the architect and revisions have been made to the Primary Health Building waste enclosure and approved. The other two buildings need to be reviewed prior to construction. 12. It is found that the subject property is large enough to accommodate the requested use and all other required features. 13. It is found that the current Comprehensive Plan Land Use Map designates the property as "Existing Urban". Staff finds the office uses proposed to be in conformance with the "Existing Urban Designation of the Comprehensive Plan. Staff further finds that the project meets the requirements and objectives of the Zoning Ordinances. 14. It is found that the design concept to be compatible with the intended character of the area (industrial and commercial). The existing character of the property to be developed is commercial and industrial. The proposed development will not change the existing character of the area and will not adversely change the essential character of area. 15. It is not anticipated that the proposed development will have an adverse impact on the majority of the surrounding property. 16. It is found that the proposed use will be served adequately by all the essential public services and facilities listed above. 17. It is found that the proposed use will not create additional requirements at public cost for public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 18. It is found that the proposed office uses will not involve any activities or conditions that will be detrimental to any persons or property due to reasons noted above. 19. It is found that the vehicular approaches to the property are designed so as not to interfere with existing street traffic. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as 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. 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 of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial District (l-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan ofthe City of Meridian, which was adopted December 21,1993, Ord. 629, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 January 4, 1994 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 construction of a three building office complex in an I-L zone located at the southwest comer of Florence and Eagle Road, Y. mile south ofFairview 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: 1. Applicant shall meet all of the requirements ofthe preliminaryl final plat as a condition of the Conditional Use Permit. 2. All development and construction shall comply with the Americans with Disabilities Act. 3. All parking and circulation within the project shall be in compliance with MCC 11-13 except the parking spaces which are set out in Applicant's site plan to be seventeen feet (17') in length with a two foot (2') overhang. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. Construct a 5 foot wide concrete sidewalk on Florence Street and Olive Avenue abutting the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 3. Construct a maximum 35 foot wide driveway on Florence Street located a minimum of 50 feet east of the pavement on Olive Avenue as proposed. 4. Construct a maximum 35 foot wide driveway on Olive Way located approximately 150 feet south of Florence Street as proposed. 5. Construct a maximum 35 foot driveway on Olive Way located approximately 310 feet south of Florence Street as proposed. 6. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of pavement of Florence Street! Olive Avenue. 7. Unless otherwise approved by the Idaho Transportation Department, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State 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 conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 . 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call mGLINE (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 ofthis approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiverl variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' ofthe project on the resubmitted plat. 2. All entrances and internal roads shall have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the city of Meridian for water quality. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 D. Adopt the Recommendations ofthe Central District Health Department as follows: I. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design ofthis project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the Recommendations ofthe Sanitary Service as follows: 1. The plans have been reviewed with the architect and revisions have been made to the Primary Health Building waste enclosure and approved. The other two buildings need to be reviewed prior to construction. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order 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 ofthe governing body of the City of Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the .? ? hcL ?-?- - day of Cl~./;wv ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$CL.- COUNCILWOMAN CHERIE Me CANDLESS VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: /O-22--t12- . MOTION: J!lj, APPROVED: ~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Byd~~~~~ CIty Clerk ' Z:\WorklMlMeridianlMeridian 1 5360M\Treasure Valley Bus Park CUP02-022\FfClsCUP02-022.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 10/08/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION A THREE ) BUILDING OFFICE COMPLEX IN ) AN I-L ZONE FOR TREASURE ) VALLEY BUSINESS PARK, ) LOCATED AT THE SOUTHWEST ) CORNEROFFLORENCEAND ) EAGLE ROAD, Yo MILE SOUTH OF ) FAIRVIEW AVENUE, MERIDIAN, ) IDAHO ) ) CLARK DEVELOPMENT, ) ) APPLICANT ) ) Case No. CUP-02-022 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the October 8, 2002, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for construction of a three building office complex in an I-L zone located at the southwest corner of Florence and Eagle Road, Y. mile south of Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT- 1 (CUP-02-022) A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminaryl final plat as a condition of the Conditional Use Permit. 2. All development and construction shall comply with the Americans with Disabilities Act. 3. All parking and circulation within the project shall be in compliance with MCC 11-13 except the parking spaces which are set out in Applicant's site plan to be seventeen feet (17') in length with a two foot (2') overhang. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval I. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the fmal plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. Construct a 5 foot wide concrete sidewalk on Florence Street and Olive Avenue abutting the parcel. 3. Construct a maximum 35 foot wide driveway on Florence Street located a minimum of 50 feet east of the pavement on Olive Avenue as proposed. 4. Construct a maximum 35 foot wide driveway on Olive Way located approximately 150 feet south of Florence Street as proposed. 5. Construct a maximum 35 foot driveway on Olive Way located approximately 310 feet south of Florence Street as proposed. 6. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of pavement of Florence Street! Olive Avenue. 7. Unless otherwise approved by the Idaho Transportation Department, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval ORDER CONDITIONAL USE PERMIT (CUP-02-022) -2 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State 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 conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. ORDER CONDITIONAL USE PERMIT (CUP-02-022) -3 11. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverl variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance ofthe water system by the city of Meridian for water quality. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.2.1 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. D. Adopt the Recommendations ofthe Central District Health Department as follows: I. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact on groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. ORDER CONDITIONAL USE PERMIT (CUP-02-022) -4 Prepared by the Idaho Division of Environmental Quality, July 1997. Storm water Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. E. Adopt the Recommendations of the Sanitary Service as follows: 1. The plans have been reviewed with the architect and revisions have been made to the Primary Health Building waste enclosure and approved. The other two buildings need to be reviewed prior to construction. 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. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 22-~ day of tJdP~ ,2002. D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJJ~~~ (L City Clerk ' Dated: Z:\Work\M\Meridian\Meridian 15360M\Treasure Valley Bus Park CUP02-022\OrderCUP02-022.doc ORDER CONDITIONAL USE PERMIT (CUP-02-022) -5