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HomeMy WebLinkAboutTreasure Valley Technical Center CUP-01-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-01-01 Revised 06/22/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED DEVELOPMENT TO INCLUDE OFFICE, RETAIL AND INDUSTRIAL USES FOR THE PROPOSED TREASURE VALLEY TECHNICAL CENTER, IN AN I-L ZONE, LOCATED ADJACENT TO 1-84, NORTHWEST OF THE INTERSECTION OF STODDARD AND OVERLAND ROAD, MERIDIAN, IDAHO MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-009 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 May 1, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Tim Terry, and no one appeared in opposition, 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 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 May 1, 2001, 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 May 1, 2001, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 of the provisions of the Meridian City Code § 11-17-4, a public heating was required before the City Council on this application. 4. The property is located adjacent to 1-84, northwest of the intersection of Stoddard and Overland Road, Meridian, Idaho. 5. The owner of record of the subject property is Meridian Freeway Associates/DBSI Industrial Limited Partnership of Meridian, Idaho. 6. Applicant is owner of record. 7. 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. 8. The proposed application requests a conditional use permit for Planned Development to include office, retail and industrial for proposed Treasure Valley Technical Center. The I-L zoning designation within the City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT o 3 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 w/thin the subject application will in fact, constitute a conditional use as determined by City Ordinance. 1 i. 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 subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 City of Meridian subject to the folloWing: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 12.1 Off-street parking shall be provided in accordance With Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 12.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance i 1-13-4.B.4 for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 12.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.5 Any existing domestic wells and/or septic systems Within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, With written confirmation of said approval submitted to the Public Works Department. 12.7 Provide landscaping in accordance with the Landscaping Ordinance, Title 12, Chapter 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.8 12.9 All trash and/or garbage collection areas shall be endosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. The applicant shall coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval or plans stamped by SSC to the Planning Zoning Department when applying for a Certificate of Zoning Compliance. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 12.10 All signage shall be in accordance with the standards set forth in Title 11, Chapter 14 of the City Zoning and Development Ordinance. 12.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.12 The entire site is located within the I-L Zone;, and the following uses shall be limited uses in the I-L zone with a conditional use permit, along with any of the allowed I-L uses, as part of the Planned Development: Daycare center Professional and sales offices CommUnity and neighborhood shopping center *The Meridian City Code allows for modifications of district regulations, including such exceptions pertaining to the district regulations governing use (12-6-5), when the modification is desirable to achieve the objectives of the Planned Development. 12.13 Prior to construction of the Western Electronics building, an agreement was made with ACHD concerning the acquisition of the right-of-way on Overland Road. No right-of -way was acquired for the installation of curb, gutter or sidewalk along Overland Road and, as depicted on the submitted site plan, there is currently no curb or gutter. A five-foot-wide detached sidewalk has been installed along Overland in front of the Western Electronics development as agreed to by the Developer and ACHD. The right-of-way acquisition on overland for the Western FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Electronics development has been deferred until an improvement project is in design. There is no current improvement project in design at this time to improve Overland Road west of Stoddard Road. The Applicant shall install a five-foot-wide detached sidewalk along the full length of the planned development, adjacent to Overland Road in line with the existing sidewalk, and the Applicant shall provide documentation from ACHD addressing the resolution of the right-of-way issues prior to issuance of a building permit. 12.14 The existing Western Electronics facility is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. The recently approved Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates was approved prior to the Western Electronics facility, only the projected excess capacity in the receiving sewer is available for the Western Electronics/T.V. Technical Center project. Computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project shall continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. Provision shall be made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of this project. This project shall include relocation of the lift station to the northwest comer or installation of dry-line sewer to the northwest comer with this project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. The City Council requires the applicant pay "Black Cat Trunk Sewer" fees at the time of building permit issuance. These fees are estimated at $1500 per equivalent residential unit (ERU) and shall contribute to the eventual construction of the Blade Cat Trunk Sewer into which this project is designated to sewer. 12.15 The City of Meridian is in the process of drilling a new domestic well within the Bear Creek Estates Subdivision to provide service to this area. Preliminary fire flow demand estimates by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Department for this application indicate that up to 2,300 gpm flow could be required. Until the well is drilled and developed, its output rate is unknown. Additional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Works Department, and the Meridian Fire Department. 12.16 A site report establishing the highest seasonal groundwater elevation shall be submitted to the Public Works Department as part of the construction plan approval process within the Planned Development. 12.17 Conceptual engineering plans, including profiles, shall be submitted to the Public Works Department prior to the City Council hearing of this application. 12.18 Conditions run with the land: Any conditions attached to a final development plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all said lands. Such conditions shall be deemed as requirements for the issuance of the certificate of occupancy for any use or structure. 12.19 Design Review: All planned developments are subject to design review by the City staff and Council (12-6-7H). All buildings, other than those buildings constructed of like material and design as submitted, shall be subject to further design review by the Council and Staff prior to construction. 12.20 The Applicant shall submit plans to the City Planning and Zoning Director for approval of a comprehensive planned sign program in accordance with Section 11-14-9(E) of the Sign Ordinance. The design of the signs included within the sign program shall incorporate materials, colors, and shall be reflective of a common theme that incorporates similar design elements in terms of materials, letter styles, sign type and sign shape. 12.21 All utilities, induding water, sanitary and storm sewers, electridty, gas FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 and telephone lines shall be installed underground in either the public right of way or utility easements. The design for adequate storm sewer facilities shall be provided to the City Engineer and ACHD for review prior to construction. 12.22 A copy of the bylaws or other deed restrictions which provide for the maintenance and control of all the open space and common area shall be provided to the Council for review prior to approval. 12.23 All required perimeter landscaping buffers (along Overland Road and 1- 84) shall be installed prior to the issuance of an occupancy permit for any newly constructed building within the planned development. All interior landscaping shall be installed pursuant to the Landscaping Ordinance as additional buildings are constructed within the planned development. 12.24 Only minor changes shall be made in the location, siting, and height of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen circumstances. Additionally, no such minor changes shall increase the volume of any building or structure by more than 10 percent (12-6-6F). *The Applicant has requested that the submitted site plan be considered conceptual in nature, meaning applicant does not want to be limited to the number, size, design or location of buildings, parking lots or landscaping. The Applicant has stated that the development shall be driven by market demand. Approving a Conditional Use Permit for a planned development with nothing more than a conceptual site plan to be driven by market demand allows the developer to do essentially whatever they would like to do in the future without further approvals from the Council or Commission. Conditions are placed upon the applicant to obtain a Conditional Use Permit for each building within the planned development, intended for office, retail, or day care use. 12.25 A recorded subdivision shall be required for any dedication of public right-of-way (with the exception of dedication on Overland Road, the widening of which is in accordance with the Meridian Comprehensive Plan.), or the reconfiguration of existing parcels. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 12.26 The City Council makes it dear tha~ this is actually, as presented, a conceptual plan for a Conditional Use Permit. The developer shall be required to return to the Commission and City Council for approval through the conditional use permit process of all offices, retail or day care uses in the I-L zone. Adopt the Central District Health Department's Recommendations as follows: 12.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 12.28 Run-off is not to create a mosquito breeding problem. 12.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatmem of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively worlc, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. 12.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 12.31 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire sprinkler systems and hydrants. Adopt the Recommendations of the Ada County Highway District as follows: 12.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and April 4, 2001, and any future letter(s) on the project when thorough FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 review of the site is completed. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.33 The Nampa & Meridian Irrigation District's Kennedy Lateral courses along the south and west boundaries of the project. Any encroachment without written approval, plans and a signed License Agreement are unacceptable. All storm drainage shall be retained on site. Adopt the Recommendations of the Sanitary Service as follows: 12.34 Enclosure sizes shall be reviewed for waste capacity. Adopt the Recommendations of the Water Department as follows: 12.35 Additional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Works Department, and the Meridian Fire Department. 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. I The subject property is designated on the "Generalized Land Use Map" as Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. 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 (I.C. §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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the community; g. Will not involve uses, activities, 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. Will not result in the destruction, loss or damage of a natural or scenic feature of maior importance. 5. Prior to granting a conditional use permit in the Light Industrial District (I-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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 of the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development to include office, retail, day care and industrial for proposed Treasure Valley Technical Center in an I-L zone located adjacent to 1-84, northwest of the intersection of Stoddard and Overland Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.I 1.2 1.3 1.4 1.5 Off-street parldng shall be provided in accordance with Section 11-13 of the 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 Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 1.6 All irrigation ditches, laterals or canals, exdusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.7 Provide landscaping in accordance with the Landscaping Ordinance, Title 12, Chapter 13. 1.8 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-I.C. The applicant shall coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval or plans stamped by SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 1.9 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 1.10 All signage shall be in accordance with the standards set forth in Title 11, Chapter 14 of the City Zoning and Development Ordinance. 1.11 All construction shall conform to the requirements of the ganericans with Disabilities Act. 1.I2 The entire site is located within the I-L Zone;, and the following uses shall be limited uses in the I-L zone with a conditional use permit, along with any of the allowed I-L uses, as part of the Planned Development: Daycare center Professional and sales offices Community and neighborhood shopping center *The Meridian City Code allows for modifications of district regulations, including such exceptions pertaining to the district regulations governing use (12-6-5), when the modification is desirable to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 1.13 1.14 achieve the objectives of the Planned Development. Prior to construction of the Western Electronics building, an agreement was made with ACHD concerning the acquisition of the right-of-way on Overland Road. No right-of -way was acquired for the installation of curb, gutter or sidewalk along Overland Road and, as depicted on the submitted site plan, there is currently no curb or gutter. A five-foot-wide detached sidewalk has been installed along Overland in front of the Western Electronics development as agreed to by the Developer and ACHD. The right-of-way acquisition on Overland for the Western Electronics development has been deferred until an improvement project is in design. There is no current improvement project in design at this time to improve Overland Road west of Stoddard Road. The Applicant shall install a five-foot-wide detached sidewalk along the full length of the planned development, adjacent to Overland Road in line with the existing sidewalk, and the Applicant shall provide documentation from ACHD addressing the resolution of the right-of-way issues prior to issuance of a building permit. The existing Western Electronics facility is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. The recently approved Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates was approved prior to the Western Electronics facility, only the projected excess capacity in the receiving sewer is available for the Western ElectronicsFF.V. Technical Center project. Computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project shall continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. Provision shall be made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of this project. This project shall include relocation of the lift station to the northwest comer or installation of dry-line sewer to the northwest corner with this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 1.15 1.16 1.17 1.18 1.19 project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. The City Council requires the applicant pay "Black Cat Trunk Sewer" fees at the time of building permit issuance. These fees are estimated at $1500 per equivalent residential unit (ERU) and shall contribute to the eventual construction of the Black Cat Trunk Sewer into which this project is designated to sewer. The City of Meridian is in the process of drilling a new domestic well within the Bear Creek Estates Subdivision to provide service to this area. Preliminary fire flow demand estimates by the Meridian Fire Department for this application indicate that up to 2,300 gpm flow could be required. Until the well is drilled and developed, its output rate is unknown. Additional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Works Department, and the Meridian Fire Department. A site report establishing the highest seasonal groundwater elevation shall be submitted to the Public Works Department as part of the construction plan approval process within the Planned Development. Conceptual engineering plans, including profiles, shall be submitted to the Public Works Department prior to the City Council hearing of this application. Conditions run with the land: Any conditions attached to a final development plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all said lands. Such conditions shall be deemed as requirements for the issuance of the certificate of occupancy for any use or structure. Design Review: All planned developments are subject to design review by the City staff and Council (12-6-7H). Ail buildings, other than those buildings constructed of like material and design as submitted, shall be subject to further design review by the Council and Staff prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 1.20 The Applicant shall submit plans to the City Planning and Zoning Director for approval of a comprehensive planned sign program in accordance with Section 11-14-9(E) of the Sign Ordinance. The design of the signs included within the sign program shall incorporate materials, colors, and shall be reflective of a common theme that incorporates similar design elements in terms of materials, letter styles, sign type and sign shape. 1.21 All utilities, including water, sanitary and storm sewers, electricity, gas and telephone lines shall be installed underground in either the public right of way or utility easements. The design for adequate storm sewer facilities shall be provided to the City Engineer and ACHD for review prior to construction. 1.22 A copy of the bylaws or other deed restrictions which provide for the maintenance and control of all the open space and common area shall be provided to the Council for review prior to approval. 1.23 All required perimeter landscaping buffers (along Overland Road and 1- 84) shall be installed prior to the issuance of an occupancy permit for any newly constructed building within the planned development. All interior landscaping shall be installed pursuant to the Landscaping Ordinance as additional buildings are constructed within the planned development. 1.24 Only minor changes shall be made in the location, siting, and height of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen circumstances. Additionally, no such minor changes shall increase the volume of any building or structure by more than 10 percent (12-6-6F). *The Applicant has requested that the submitted site plan be considered conceptual in nature, meaning applicant does not want to be limited to the number, size, design or location of buildings, parldng lots or landscaping. The Applicant has stated that the development shall be driven by market demand. Approving a Conditional Use Permit for a planned development with nothing more than a conceptual site plan to be driven by market demand allows the developer to do essentially whatever they FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 1.25 1.26 would like to do in the future without further approvals from the Council or Commission. Conditions are placed upon the applicant to obtain a Conditional Use Permit for each building within the planned development, intended for office, retail, or day care use. A recorded subdivision shall be required for any dedication of public right-of-way (with the exception of dedication on Overland Road, the widening of which is in accordance with the Meridian Colnprehensive Plan.), or the reconfiguration of existing parcels. The City Council makes it clear that this is actually, as presented, a conceptual plan for a Conditional Use Permit. The developer shall be required to return to the Commission and City Council for approval through the conditional use permit process of all office, retail or day care uses in the I-L zone. Adopt the Central District Health Department's Recommendations as follows: 1.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.28 Run-off is not to create a mosquito breeding problem. 1.29 1.30 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of stom~ water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 1.31 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire sprinkler systems and hydrants. Adopt the Recommendations of the Ada County Highway District as follows: 1.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and April 4, 2001, and any future letter(s) on the project when thorough review of the site is completed. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.33 City Code § 3. The Nampa & Meridian Irrigation District's Kennedy Lateral courses along the south and west boundaries of the project. Any encroachment without written approval, plans and a signed License Agreement are unacceptable. All storm drainage shall be retained on site. Adopt the Recommendations of the Sanitary Service as follows: 1.34 Enclosure sizes shall be reviewed for waste capacity. Adopt the Recommendations of the Water Department as follows: 1.35 Additional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Worlcs Department, and the Meridian Fire Department. The conditions shall be reviewable by the Council pursuant to Mefidioa~ 11-17-9. The above conditions are concluded to be reasonable and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 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 Worlcs 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 § 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 of the City Cotmcil at its regular meeting held on the day of ~7-a'*'~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED VOTED VOTED COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT O. CORRIE (TIE BREAI~ER) DATED: ~ --/'~-Ot/ VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk ~' b/ ~. ' Z:\WorkkMkMeridiankMeridian I5360NBLocust Grove 1-003 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/01/01 Revised 06/22/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT TO INCLUDE OFFICE, RETAIL AND INDUSTRIAL USES FOR THE PROPOSED TREASURE VALLEY TECHNICAL CENTER, IN AN I-L ZONE, LOCATED ADJACENT TO 1-84, NORTHWEST OF THE INTERSECTION OF STODDARD AND OVERLAND ROAD, MERIDIAN, IDAHO MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP. APPLICANT Case No. CUP-01-009 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 15th day of May, 2001, 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 ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -1 following action: 2. That the above named applicant is granted a conditional use permit for a planned development to include office, retail, day care and industrial uses for the proposed Treasure Valley Technical Center, in an I-L zone located adjacent to 1-84, northwest of the intersection of Stoddard and Overland Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections I 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 1 I-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.5 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -2 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance ! 2-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.7 Provide landscaping in accordance with the Landscaping Ordinance, Title 12, Chapter 13. 2.8 Ail trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. The applicant shall coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval or plans stamped by SSC to the Planning & Zoning Department when applying f6r a Certificate of Zoning Compliance. 2.9 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 2.10 Ail signage shall be in accordance with the standards set forth in Tide 11, Chapter 14 of the City Zoning and Development Ordinance. 2.11 Ail construction shall conform to the requirements of the Americans with Disabilities Act. 2.12 The entire site is located within the I-L Zone;, and the following uses shall be limited uses in the I-L zone with a conditional use permit, along with any of the allowed I-L uses, as part of the Planned Development: Daycare center Professional and sales offices Community and neighborhood shopping center *The Meridian City Code allows for modifications of district ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -3 2.13 2.14 regulations, including such exceptions pertaining to the district regulations governing use (12-6-5), when the modification is desirable to achieve the obiectives of the Planned Development. Prior to construction of the Western Electronics building, an agreement was made with ACHD concerning the acquisition of the right-of-way on Overland Road. No right-of -way was acquired for the installation of curb, gutter or sidewalk along Overland Road and, as depicted on the submitted site plan, there is currently no curb or gutter. A five-foot-wide detached sidewalk has been installed along Overland in front of the Western Electronics development as agreed to by the Developer and ACHD. The right-of-way acquisition on Overland for the Western Electronics development has been deferred until an improvement project is in design. There is no current improvement project in design at this time to improve Overland Road west of Stoddard Road. The Applicant shall install a five-foot-wide detached sidewalk along the full length of the planned development, adjacent to Overland Road in line with the existing sidewalk, and the Applicant shall provide documentation from ACHD addressing the resolution of the right-of-way issues prior to issuance of a building permit. The existing Western Electronics fadlity is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. The recently approved Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates was approved prior to the Western Electronics facility, only the projected excess capacity in the receiving sewer is available for the Western Electronics/T.V. Technical Center project. Computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project shall continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. Provision shall be made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -4 2.15 2.16 2.17 2.18 through adjacent property to the westem boundary of this project. This project shall include relocation of the lift station to the northwest comer or installation of dry-line sewer to the northwest comer with this project. The applicant shall be responsible for the eventual connection to the Blat< Cat Trunl< Sewer. The City Council requires the applicant pay "Black Cat Trunk Sewer" fees at the time of building permit issuance. These fees are estimated at $1500 per equivalent residential unit (ERU) and shall contribute to the eventual construction of the Black Cat Trunk Sewer into which this project is designated to sewer. The City of Meridian is in the process of drilling a new domestic well within the Bear Creek Estates Subdivision to provide service to this area. Preliminary fire flow demand estimates by the Meridian Fire Department for this application indicate that up to 2,300 gpm flow could be required. Until the well is drilled and developed, its output rate is unlmown. Additional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Works Department, and the Meridian Fire Department. A site report establishing the highest seasonal groundwater elevation shall be submitted to the Public Works Department as part of the construction plan approval process within the Planned Development. Conceptual engineering plans, including profiles, shall be submitted to the Public Works Department prior to the City Council heating of this application. Conditions run with the land: Any conditions attached to a final development plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all said lands. Such conditions shall be deemed as requirements for the issuance of the certificate of occupancy for any use or structure. 2.19 Design Review: All planned developments are subject to design review ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -5 by the City staff and Council (12-6-7H). All buildings, other than those buildings constructed of like material and design as submitted, shall be subject to further design review by the Council and Staff prior to construction. 2.20 2.21 2.22 2.23 2.24 The Applicant shall submit plans to the City Planning and Zoning Director for approval of a comprehensive planned sign program in accordance with Section 11-14-9(E) of the Sign Ordinance. The design of the signs included within the sign program shall incorporate materials, colors, and shall be reflective of a common theme that incorporates similar design elements in terms of materials, letter styles, sign type and sign shape. All utilities, including water, sanitary and storm sewers, electricity, gas and telephone lines shall be installed underground in either the public right of way or utility easements. The design for adequate storm sewer facilities shall be provided to the City Engineer and ACHD for review prior to construction. A copy of the bylaws or other deed restrictions which provide for the maintenance and control of all the open space and common area shall be provided to the Council for review prior to approval. All required perimeter landscaping buffers (along Overland Road and 1- 84) shall be installed prior to the issuance of an occupancy permit for any newly constructed building within the planned development. All interior landscaping shall be installed pursuant to the Landscaping Ordinance as additional buildings are constructed within the planned development. Only minor changes shall be made in the location, siting, and height of the proposed buildings, as authorized by the Building Official or as required by engineering or other unforeseen circumstances. Additionally, no such minor changes shall increase the volume of any building or structure by more than l0 percent (12-6-6F). *The Applicant has requested that the submitted site plan be considered conceptual in nature, meaning applicant does not want to be limited to the number, ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -6 2.25 2.26 size, design or location of buildings, parking lots or landscaping. The Applicant has stated that the development shall be driven by market demand. Approving a Conditional Use Permit for a planned development with nothing more than a conceptual site plan to be driven by market demand allows the developer to do essentially whatever they would like to do in the future without further approvals from the Council or Commission. Conditions are placed upon the applicant to obtain a Conditional Use Permit for each building within the planned development, intended for office, retail, or day care use. A recorded subdivision shall be required for any dedication of public right-of-way (with the exception of dedication on Overland Road, the widening of which is in accordance with the Meridian Comprehensive Plan.), or the reconfiguration of existing parcels. The City Coundl makes it clear that this is actually, as presented, a conceptual plan for a Conditional Use Permit. The developer shall be required to return to the Commission and City Council for approval through the conditional use permit process of all office, retail or day care uses in the I-L zone. Adopt the Central District Health Department's Recommendations as follows: 2.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-0 !-009 -7 plans for a means to pretreat the storm water discharge shall be required. 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 2.31 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire sprinkler systems and hydrants. Adopt the Recommendations of the Ada County Highway District as follows: 2.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and April 4, 2001, and any future letter(s) on the project when thorough review of the site is completed. Adopt the Recommendarions of the Nampa & Meridian Irrigation District as follows: 2.33 The Nampa & Meridian Irrigation District's Kennedy Lateral courses along the south and west boundaries of the project. Any encroachment without written approval, plans and a signed License Agreement are unacceptable. All storm drainage shall be retained on site. Adopt the Recommendations of the Sanitary Service as follows: 2.34 Enclosure sizes shall be reviewed for waste capacity. Adopt the Recommendations of the Water Department as follows: 2.35 Addirional development within this project shall only proceed to the extent that the particular building, or phase, has an adequate supply of both domestic and fire protection water, as may be determined by the City of Meridian Public Works Department, and the Meridian Fire ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -8 Department. 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 § 1 I- 17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of x~,~r~ ., 2001. Rohea,( D ~o~rie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk J' fi' Z:\Wo r k~MXJV[eridian~vieridian 15360 lvi~TreasureVall eyT echCntr CUP01-009\OrderCldP0 l 4)09.doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDIAN FREEWAY ASSOCIATES/DBSI INDUSTRIAL LIMITED PARTNERSHIP / CUP-01-009 -9