HomeMy WebLinkAboutSilverstone CUP 02-024
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR SILVERSTONE
CORPORATE CENTER IN A C-C
ZONE, LOCATED AT THE
SOUTHEAST CORNER OF EAGLE
ROAD AND OVERLAND ROAD,
MERIDIAN, IDAHO
THE SUNDANCE COMPANY,
APPLICANT
C/C 10/15/02
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Case No. CUP-02-024
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 15, 2002, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, and
Cornell Larsen, 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
I. 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 15, 2002, before the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
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 October 15, 2002, public hearing; 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 9967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in C-C zone and by reason of the provisions
of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on
this application.
4. The property is located at the southeast corner of Eagle Road and Overland Road,
Meridian, Idaho.
5. The owner of record of the subject property is Sundance Investments Limited
Partnership, 9100 W. Blackeagle Dr., Boise, Idaho 83709.
6. Applicant is The Sundance Company, 9100 W. Blackeagle Dr., Boise, Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
83709.
7. The subject property is currently zoned COCo The zoning districts ofC-C is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for construction of
two (2) drive-through buildings on Lot 8, Block 1 of the Silverstone Subdivision. The C-C
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).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. 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.
12. 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
to mitigate the effects of the proposed use and development upon services delivered by political
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
subdivisions providing services to the subject real property within the planning jurisdiction of
the City of Meridian:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Landscaping and irrigation shall be installed as submitted. Landscaping and irrigation
shall be installed prior to the issuance of a Certificate of Occupancy. A temporary
Certificate of Occupancy may be obtained prior to the completion of the landscaping and
irrigation, and plans shall include mitigation measures for any trees that are removed.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D.
3. Parking shall be provided in accordance with the Meridian City Code.
4. A bicycle rack shall be required for each building.
5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
6. Developer shall execute a cross-access agreement between the lots subject to this
application.
General Comments
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent
properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 ofthe city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
and disposal must be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or
sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-
1 C. Coordinate location and construction requirements with Sanitary Services, Inc.
6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
7. A Building Permit shall be obtained prior to the start of construction.
8. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form of a
letter of credit or cash in the amount of 110% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid must accompany any
request for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
1. Applicant must comply with the conditions of approval for the Silverstone Corporate
Center Subdivision provided for MPPOI-00l, MCUP02-002, and MAZOI-001.
C. Adopt the Recommendations of the Central District Health Department as follows:
1. Plans shall be submitted for a plan review for any food establishment.
2. 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 Catolog of Stormwater Best Management Practices For Idaho
Cities and Counties.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
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.
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the north
boundary and the Ridenbaugh Canal courses along the south boundary of the above-
mentioned proposed project. The easements of the Eightmile Drain and the Ridenbaugh
Canal must be protected.
2. All storm drainage must be retained on site and a Land Use Changel Site application
must be filed.
E. Adopt the action of the Council taken at their October 15,2002 meeting as follows:
1. The building that is designated as a credit union, shall be allowed to have another island
contiguous to the one island designated on the plan, with a canopy. Therefore, the credit
union shall be allowed two contiguous islands with drive-through and canopy.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Mixed Planned Development".
14. It is found that the site is large enough to accommodate the required landscaping,
yards, and other features required by the Zoning Ordinance.
15. The 93' Comprehensive Plan Land Use Map (in effect at the time of submittal)
designates the property as "Mixed Planned Development". It is found that the proposed drive-
through use to be in compliance with the Meridian Zoning Ordinance and the adopted
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
16. It is found that the proposed drive-through buildings will be compatible with the
other commercial uses in the general neighborhood and with the intended character of the
general vicinity, which is essentially a mix ofIarge and small commercial uses.
17. It is not anticipated that the proposed uses will have an adverse affect on the other
property in the vicinity, if designed, constructed, operated and maintained in accordance with
any conditions of approval and the City Ordinances.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services listed above.
19. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service and will not be detrimental to the economic welfare
of the community.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke, fumes, glare or odors
generated by the uses.
21. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
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. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use 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
proposed development: (Meridian City Code 9 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan and
this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or
that the person responsible for the establishment of proposed conditional use shall be able to
provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
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. Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
5. Prior to granting a conditional use permit in the Commercial Business District
(C-C), a public hearing shall be conducted with notice to be published and provided to property
owners or purchasers ofrecord within three hundred feet (300') ofthe 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 IS 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 ofthe
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan,
City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code
9 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDIDONAL USE PERMIT - 9
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, 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:
I. That the above named applicant is granted a conditional use permit for
construction of two (2) drive-through buildings on Lot 8, Block I of the Silverstone Subdivision
in C-C zone at the southeast corner of Eagle Road and Overland Road, Meridian, Idaho, subject
to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
1. Landscaping and irrigation shall be installed as submitted. Landscaping and irrigation
shall be installed prior to the issuance of a Certificate of Occupancy. A temporary
Certificate of Occupancy may be obtained prior to the completion ofthe landscaping and
irrigation, and plans shall include mitigation measures for any trees that are removed.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D.
3. Parking shall be provided in accordance with the Meridian City Code.
4. A bicycle rack shall be required for each building.
5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
6. Developer shall execute a cross-access agreement between the lots subject to this
application.
General Comments
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent
properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment
and disposal must be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or
sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-
lC. Coordinate location and construction requirements with Sanitary Services, Inc.
6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
7. A Building Permit shall be obtained prior to the start of construction.
8. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form of a
letter of credit or cash in the amount of 110% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid must accompany any
request for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
I. Applicant must comply with the conditions of approval for the Silverstone Corporate
Center Subdivision provided for MPPOI-001, MCUP02-002, and MAZOI-OOl.
C. Adopt the Recommendations ofthe Central District Health Department as follows:
I. Plans shall be submitted for a plan review for any food establishment.
2. 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 Catolog of Storm water Best Management Practices For Idaho
Cities and Counties.
Prepared by the Idaho Division of Envjronmental Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDmONAL USE PERMIT - 12
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the north
boundary and the Ridenbaugh Canal courses along the south boundary of the above-
mentioned proposed project. The easements ofthe Eightrnile Drain and the Ridenbaugh
Canal must be protected.
2. All storm drainage must be retained on site and a Land Use Change/ Site application
must be filed.
E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows:
I. The building that is designated as a credit union, shall be allowed to have another island
contiguous to the one island designated on the plan, with a canopy. Therefore, the credit
union shall be allowed two contiguous islands with drive-through and canopy.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
9 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body 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 conditional use permit
and floodway 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
By action of the City Council at its regular meeting held on the
J/t?//e/116t-v, 2002.
6~
day of
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~~
COUNCILWOMAN TAMMY deWEERD
VOTED~b0
COUNCILWOMAN CHERIE McCANDLESS
VOTED ~
COUNCILMAN WILLIAM L.M. NARY
VOTED ---fJ!!.-A./
MAYOR RO):RT D. CORRIE (TIE BREAKER) VOTED
DATED: (. -6 -02-
MOTION: ~
APPROVED: _
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
ByJ!;a~~~~
City Clerk
Dated:
z:\ Work\M\Meridian\Meridian 15360M\Silverstone Corp Cntr CUP02~024\FfClsCUP02-024.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR SILVERSTONE
CORPORATE CENTER IN A C-C
ZONE, LOCATED AT THE
SOUTHEAST CORNER OF EAGLE
ROAD AND OVERLAND ROAD,
MERIDIAN, IDAHO
THE SUNDANCE COMPANY,
APPLICANT
CIC 10115/02
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Case No. CUP-02-024
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on the 15th day of October, 2002,
under the provisions of Meridian City Code 9 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
two (2) drive-through buildings on Lot 8, Block I of the Silverstone Subdivision in a C-C zone
at the southeast corner of Eagle Road and Overland Road, Meridian, Idaho, subject to the
following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Soecific Reauirements
ORDER CONDITIONAL USE PERMIT
FOR SILVERSTONE CORPORATE CENTER
-1
I. Landscaping and irrigation shall be installed as submitted. Landscaping and irrigation
shall be installed prior to the issuance of a Certificate of Occupancy. A temporary
Certificate of Occupancy may be obtained prior to the completion of the landscaping and
irrigation, and plans shall include mitigation measures for any trees that are removed.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D.
3. Parking shall be provided in accordance with the Meridian City Code.
4. A bicycle rack shall be required for each building.
5. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
6. Developer shall execute a cross-access agreement between the lots subject to this
application.
General Comments
I. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent
properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment
and disposal must be designed in accordance with Department ofEnvjronmental Quality
1997 publication Catalog of Strom Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
ORDER CONDITIONAL USE PERMIT
FOR SILVERSTONE CORPORATE CENTER
-2
5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or
sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-
IC. Coordinate location and construction requirements with Sanitary Services, Inc.
6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
7. A Building Permit shall be obtained prior to the start of construction.
8. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form of a
letter of credit or cash in the amount of 110% ofthe cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid must accompany any
request for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
1. Applicant must comply with the conditions of approval for the Silverstone Corporate
Center Subdivision provided for MPPOI-OOl, MCUP02-002, and MAZOI-OOl.
C. Adopt the Recommendations of the Central District Health Department as follows:
I. Plans shall be submitted for a plan review for any food establishment.
2. 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 Catolog 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.
ORDER CONDITIONAL USE PERMIT
FOR SILVERSTONE CORPORATE CENTER
-3
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
I. The Nampa & Meridian Irrigation District's Eightmile Drain courses along the north
boundary and the Ridenbaugh Canal courses along the south boundary of the above-
mentioned proposed project. The easements of the Eightmile Drain and the Ridenbaugh
Canal must be protected.
2. All storm drainage must be retained on site and a Land Use Changel Site application
must be filed.
E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows:
1. The building that is designated as a credit union, shall be allowed to have another island
contiguous to the one island designated on the plan, with a canopy. Therefore, the credit
union shall be allowed two contiguous islands with drive-through and canopy.
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 9 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
OIL
day of
It? V{<rrv.6-vv
Copy served upon Applicant, the Planning and Zoning Department, Public Worl\.'l,~l?ilrtment
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and City Attorney. ",,:, Of MER,,.. 111I1
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By:. ~~~l'9- Dated: II-t -tlZ- ff" "~
lty Clerk :::
Z \ Work\M\Mendlan\Mendlan I 5360M\SlIverstone Corp Centr AZO 1-00 I PPO I ~oo 1 CUPO I-002\Order~PO t. ~c R ff
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ORDER CONDITIONAL USE PERMIT
FOR SILVERSTONE CORPORATE CENTER