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HomeMy WebLinkAboutCarol Professional Center CUP-00-020 = !:; ~. !,~~ '" = "'. ...... ... ,1'_"': ~_ ., :--- ~~-- "'- ~.!Ii 1ft II BEFORE THE MERIDIAN CITY COUNCIL 05-25-00 IN THE MATTER OF THE ) APPLICATION OF J-U-B ) ENGINEERS, INC., FOR A ) CONDITIONAL USE PERMIT ) U~: TO REDUCE THE REAR (WEST ) SETBACK) ADJACENT TO THE ) SCHOOL FROM 20 FEET TO 10 ) FEET FOR PROPOSED CAROL ) '" PROFESSIONAL CENTER IN AN ) L-O ZONEI~LOCATED ON THE ) WEST SIDE OF EAGLE ROAD ) BETWEEtJFAIRVIEW ANn'Xl ) USTICK RQAD, MERIDIAN, ) IDAHO ~ ) ) Case No. CUP-OO-020 i/~.~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUB]ECT TO CONDITIONS t; ;", ::;! !1' The above entitled conditional use permit application having come before ~ \~ ~t ~ the City C<iuncil for public hearing on May 16, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and ~ '. Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and talcen oral and . " written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and ~ testified at the hearing, and appearing and testifying on behalf ofJ-U-B Engineers, Inc. was ~ Nancy Taylor, and no one appeared in opposition, and having dilly considered the matter ~ . Iii I' I< FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 16 USE PERMIl; SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. 9 CAROL PROFESSIONAL CENTER/ CUP-OO-020 !,! ~ it N . ~ " Iii . , _ J ; ~( "'" rE'''' ~ .. e.L II - - =\ ~ ':;' _n ~ " and the PlaIming and Zoning Commission made the following Findings of Fact and . " Conclusions of Law and Recommendation to City Council, and the City Council having ~: ;w It.J.: received the staff report and the record made before the Planning and Zoning Commission, ahd being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: ~ CONCLUSIONS OF LAW 1. l~ Idaho Code S 67-6512 provides in part that: II i,~ (A) As part of a zoning ordinance the City Council may provide J~"i for the processing of applications for special or conditional " use permits; and ~ (B) That a special use permit may be granted to an applicant if ., ;;; the proposed use is otherwise prohibited by the terms of the ~: zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to '"' :~ ~ the ability of political subdivisions, including school ~ ~ districts, to provide services for the proposed use, and when it is not in conflict with the plan; and + (C) That upon the granting of a special use permit, conditions iii may be attached to a special use permit, including, but not Ii; limited to, those: @CI ~I 1) Minimizing adverse impact on other development; ai' ~I ~ 2) 1ij Controlling the sequence and timing of development; co, 3) Controlling the duration of development; ~i ~ '" ~ ~ ~ ~ ,( = FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. ~ CAROL PROFESSIONAL CENTER/ CUP-OO-020 '" '" ~ .. T. el J!, ~ I -.-, . -.- :~.: '" "' ~i 4) Ol 5) ~ Assuring that development is maintained properly; ... '" Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing qf applications for Conditional Use Permits by the enactment of Meridian II - City Code W 11-17-2. ~ " 3. ~ Idaho Code S 67-6504 provides that the City Council may exercise all of <!: ~':.."'I S: the powers Iequired and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." i:': ~ 4. i The City of Meridian has enacted the Comprehensive Plan City of . 81 Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994. ~-~ 5. ~ Prior to granting a conditional use permit in a Limited Office (L-O) ~ ~ zone, a public hearing shall be conducted with notice to be published and provided to '" property owfers or purchasers of record within three hundred feet (300') of the ~ external botfudaries of the land under consideration for the conditional use permit all in accordanee with the provisions of Meridian City Code ~ 11-17-5, which provides as J " follows: ~ " 'ro.. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 16 USE PERMrf-sUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. ."'" CAROL PROFESSIONAL CENTER / CUP-OO-020 't-' -- " ;J ~ OC.:- ~ ~ ~~ ::. ~ ~ ;.; ~ ~ ~~tl ~ ~ E' ,l ~ "Pri~!, to approving a Conditional Use Permit, the applicant and the Com1iussion and Council shall follow notice and hearing procedures provided in Cha~ter 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. " El STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY If, AND JURISDICTION :!: " FINDINGS OF FACT ::i il: ~ 1. A notice of a p~.blic hearing on the conditional use permit was published :~ for two (2) €onsecutive weeks prior to the said public hearing scheduled for May 16, 2000, before the City Council, the first publication appearing and written notice '11 having been~mailed to property owners or purchasers of record within three hundred feet (300') C?f the external boundaries of the property under consideration more than ~ n '" ". fifteen (15) days prior to said hearing and with the notice of public hearing having b~en '" "~ posted upo~_ the property under consideration more than one week before said hearing '" !'j '" and the copies of all notices were made available to newspaper, radio and television . ,~ stations as eublic service announcements; and the matter having been duly considered by th~ City Council at the said May 16, 2000, public hearing; and the Applicant, ~, tJ: " ~I affected property owners, and government subdivisions providing services within the II FINDINGS qF FACT AND CONCLUSIONS OF LAW - Page 4 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 1.1 1:. ;; ~ it - ~ :~ ,~ ~ :t~ " .,- ~ , ,', __ ~pJi.'1 ~~ ~1 " " ~ ., ~ ". planning jurJsdiction of the City of Meridian, having been given full opportunity to ~ express comfuents and submit evid~nce. 2. There has been compliance with all notice and hearing requirements se"t forth in Idaho Code SS67-6509 and 67-6512; and Meridian City Code ~S 11-15-5 and 11-17 -5 as eyidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. '"'' 3. Council takes judicial notice of its Zoning, Subdivision and I~ ~ !. Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zomng maps thereof and the COJIlprehensive Plan of the City of Meridian :II adopted De~ember 21,1993 Ordinance #61.9 - January 4,1994 and Maps and the ~ I " Ordinance e",stablishing the Impact Area Boundary Ordinance and Map. 4. f; The property is located at west side of Eagle Road between Fairview and I Ustick Road, Meridian, Idaho. [i '" 5;,:' The owner of record of the subject property is Jon Barnes of Boise. :~ . 6. · Applicant is JUB Engineers of Boise. 7. ~ The subject property is currently zoned R-T. There is an application before the Q,ty Council for annexation and zoning to Limited Office (L-O). The '" zoning dist~.~t of L-O is defined within the City of Meridian Zoning and Development "l Ordinance, Section 11-7-2. ,r-'.1; ~iJ ~!r. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ~ '" ~ .-- ;, " ~ .' '-' .">'i "- '~ .'. 'ii!?' ,.>tI:..~ ~ _......~ '" 8. : The proposed application requests a conditional use permit for reduction in rear setback. The L-O zoning designation within the City of Meridian Zoning and Developmer:t 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 Planning and Zoning Commission recognizes that the ., ;:; proposed ap'Plication is in compliance with the Meridian Comprehensive Plan. '" '" fI 1 O. ~: The use proposed within the subject application will in fact, constitute a 'r~ conditional use as determined by City Ordinance. r. 11. jj The requested conditional use is described in the "PRELIMINARY PlAT r.", ~..: OF CAROL PROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: . ., ;~ GAL, Checked By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, INC., PRORERTIES WEST, INC., Developer, for CAROL PROFESSIONAL '" f . CENTER",,to reduce the rear (west setback) adjacent to the school from 20 feet to 10 ::' feet for the proposed Carol Professional Center, and which property is described as: :.t"'~ ~ ~ A parcel of ,~and J>eing a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N'-:~R.IE., B.M., Ada County, 'idaho, and more particularly described as follows: i'a: Com1nencing at a point marking the Northeast comer of Section 5, T.3N., R.1E;~1 B.M., Ada County, Idaho; thence South 00036'05" West along the Eastelly boundary of said Section 5,2,611.52 feet to a point marking the '" ! ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 2 ~l III ~1 ~I " r.:1 ,. Iii !i ~ " ~~ ~ ~ ~r !:: ''if ::: ",. J;i Southeast comer of the NE 1/4 of said Section 5. Said point being the REAL POI~T OF BEGINNING; :(f thence leaving said Easterly line North 89040'38" West, along the Southerly boundary line of said NE 1/4,372.00 feet to a point; " "IIi :'1 thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89040'37" West, 143.00 feet to a point; ... thence North 00036'05" East, 50.00 feet to a point; ., 'I thenie North 89040'37" West, 105.00 feet to a point; '" ,.. thenGe North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats~'at page 3164 in the office of the Recorder, Ada County, Idaho; ~i then~e South 89010'00" East along said Southerly boundary, 620.00 feet to a poin~ on the Easterly boundary of said Section 5; ~ ~ !Ii: thenee S,outh 00036'05" West along said boundary 648.63 feet to the REAL POINT-OF BEGINNING. " $. Said parcel contains 7.73 acres, more or less. :-.: ffl ~ )2. ; Giving due consideration to the comments received from the governmentiU subdivisions providing services in the City of Meridian pla,pning :il jurisdiction,~as herein provided for in the conditions of approval, public facilities and I~ services req~ired by the proposed development will not impose expense upon the "" - public if the conditions of development, as set forth in the Decision and Order number ~ ~ ~ @ 2, are founckto mitigate the effects of the proposed use and development upon sewices ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 'II (t " ,l: II . ~ ~ ili i:i ~ 'lj . ~'" , ." , , '~r'" delivered by. political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. ~: ~ 13. The use proposed within the subject application will in fact, constitute a "' conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject '" ~I n to the conditions as set fgrth in the Decision anq Order under number 2, and will be ~ ~ ~; designed, constructed, operated and maintained to be harmonious and appropriate in . ~ appearance ",or intended character of the general vicinity and that such use will not change thei!'!ntended ess~rtial character of the same area. ,~ 15. ~ The use proposed within the subject application will no;be hazardous or . ~ );.: disturbing to existing or future neighboring uses. 1'6. :. The use 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. (.) !B 17. The applicant has agreed to pay any additional sewer, water or I'.< ~ trash fees ojcharges, if any associated with the use. '" 18. i€ The use proposed within the subject application will not involve ,I>) ~-( ~, = III '" ~! :,; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 r; ~ . ~ ... ~! M . - ~ ~ ':: .'" - - I ' :$'! i "" ,',',', i:! uses, activiqes, processes, materials, equipment and conditions of operation that will be '" ~ HI detrimental:to any persons, property or the general welfare by reason of excessive '" production of traffic, noise, smoke, fumes, glare or odors. r~ 19. · Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural (.1 or scenic features of major importance relating to the property. 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 ORBER and this does Order that: 1. ~ That the Applicant/Owner of the property, is granted a conditional use ~ permit for tlJe proposed application request of a conditional use permit to reduce the .. ,;, rear (west setback) adjacent to the school from 20 feet to 10 feet for the proposed 'iI ;> Carol Professional Center, and described in the ''''PRELIMINARY PLAT ~ ), OF CAROL~ROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: :l! ,~ ((. GAL, Che~ed By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, " INC., PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL " ~ i: CENTER", Jor the development of the aforementioned project, and which property is ~ Ii described as: ~ ~ "" FINDINGS QF FACT AND CONCLUSIONS OF LAW - Page 9 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER / CUP-OO-020 " p "~ ~.I Ii 'I' ~-. ~ , ~i r...-;; . ~ ~ I'i 111 '" M w;' , , ' , !O! . ~1J ~ ~~ ~ 'l! "J ~ " A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.1E., B.M., Ada County, Idaho, and more particularly described as follows: · ~ Commencing at a point marking the Northeast comer of Section 5, T.3N., R.1E., B.M., Ada County, Idaho; thence South 00036'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast comer of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38" West, along the Southerly boundary line of said NE 1/4,372.00 feet to a point; '" them!e leaving said Southerly boundary North 00036'05" East, 250.00 feet to a poin~; Ii thence North 89040'37" West, 143.00 feet to a point; '<' thence North 09036'05" East, 50.00 feet to a point; ~ thence North 89040'37" West, 105.00 feet to a point; thenee North 00036'05" East, 354.16 feet to a point on the Southerly boundary of Catol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Platslflt page 3164 in the office of the Recorder, Ada County, Idaho; 'II thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; ~ thence South 00036'05" West along said boundary 648.63 feet to the REAL POIr'tT OF BEGINNING. d~ Sai parcel contains 7.73 a<;res, more or less. !: L ~, The ~onditional use permit granted herein is subject to the following terms and conditions: !JI ~ FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 10 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ", " .;:."'): ~, '1M' ~'j: ~, 'i> 111 ~ :0; ~ ~ I ~r. < , - ~ ~~ "' . ...... ~ ,. 1.1 : Determine the normal high groundwater elevation, and submit a profile '" of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.2 Coordinate fire hydrant placement with the City of.Meridian Public :Oi Works Department. '" 1.3 Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.4 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 1.5 '"1\ Assessment fees for water and sewer service are determined during the ,',;, building plan review process. Applicant shall be required to enter into an :: Assessment Agreement with the City of Meridian. In addition to these ~ assessments, water and sewer "Late Comers" fees will also be charged <I against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. " 1.6 ~ Lighting plans shall ensure that lights do not cause glare or impact '" adjacent residential properties or the traveling public, as determined by i the Meridian Public Works Department. The Public Works Department " is in the process of determining detailed standards for lighting. i?~J IS 1. 7 ~ The conditional use permit shall be subject to review upon ten days . notice to the Applicant. The conditional use permit shall become null and void if work does not commence within one year of approval and ~ construction is not complete within two years from date of approval. The : conditional use permit shall be made transferable from one owner to a '" new owner or from tenant to tenant provided uses comply with "" Ordinance requirements and construction proceeds in accordance with .. ~ the approved conditional use permit. ~ 1.8 l' One monument sign is proposed for the site. An elevation was submitted ~ with the CUP application. The sign has a background area of t approximately 130 sJ.. The City's draft sign ordinance proposes project ,:' center signs in the L-O zone be allowed a maximum background area of " :ll FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 of 16 USE PERMIT"'SUB]ECT TO CONDITIONS / ]-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 . IIli I" trt ~~~ W#, ~: . " Ie ~~ ~o( M ... -:; '" 80 sJ.. A size restriction shall be placed as a condition on this project and me sign area be reduced to 80 sJ.. No location for the sign was called out '.';e on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and separate application to the City. II 1.9 The Association's Architectural Review Committee shall establish a coordinated sign program for all signs within the complex so materials , complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. .. " 1.10._ The maximum allowed building coverage in the L-O zone is 50% per lot. ~ A couple of the proposed building pads appear close to this maximum. ~ The Applicant shall provide coverage calculations for all lots to ~ demonstrate compliance with this ordinance. The building envelope sizes : may vary depending on future lot owners, but the general location, ,., maximum size and orientation for each lot shall be approved with this application. ::! 1.11 . The building pads shown on each lot do not reflect building orientation. .~: While the proposed elevations are similar for the front and rear, ~ Applicant shall designate intended building orientations for Lot 1 and Lot ~~, 2, Block 1 (Le. Eagle Rd. or the cul-de-sac). ,. ... 1.12 ~ Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval ~ from Sanitary Service Company pQ.or to applying for building permits. 11 ,y, , . ~, 1.13 ~ Provide a letter of approval from Ada County Highway District prior to ~: applying for any building permits that approves of the location of all curb ~ cuts. Letter of approval shall include recorded warranty deed or recorded ~ plat for all necessary roadway dedications. II: >I .' 1.14..... No details of hours of operation are provided. The office uses/hours shall .~ be harmonious with the residential homes to the north and east. oJ. . ~t, ~ =<W ~~ FINDINGS at: FACT AND CONCLUSIONS OF LAW - Page 12 of 16 USE PERMIT SUBJECT TO CONDITIONS /-J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ',' ~ AA 'a' ~ II '!lOll ,~ f.i l;i; !!l .~ ^ ' 'J ~.~ -~ 1. ~ ;,; '!J 1.15 : The minimum parking stall dimensions (as required py Ordinance 11-13- 4.F.) are not met on a majority of the stalls shown on Sheet L1. The I~' majority meet the minimum 9-foot width but do not meet the minimum o 19-foot length. Approval for reducing the length to 17 feet where a two , foot overhang is available but will depend, in part, on the berm ratio. However, an 18 foot minimum where stalls abut sidewalks shall be required. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance lI-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 Yz' width and 15' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from ~ 25' to 23', Support of a 24' aisle could be approved, but not a 23' aisle. Additionally, the compact stalls shall be dispersed evenly throughout the ~ complex and not in a single row. At least 70% of the stalls in this row -~ N 1 should be standard size. The applicant shall address all of these parking ,It' dimension concerns. . " '" L"J 1.16 ~ No total off-street parking counts were provided as part of the O! application. This must be provided prior to the P &Z Commission ~ hearing. There are a total of 333 stalls serving all eight (8) building lots, :r; or an average of 42 stalls per building. The ordinance requires 1 stall per ~. . 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would serve approximately 133,000 sq. ft. of office space. The proposed _ building pads (single story) are dimensioned at approximately 73,000 sq. : ft. Since individual CUP applications are not being required for each , future building, all off-street parking requirements shall be"met on each lot. The plan appears to meet the minimum as is, but once the changes _ required in #9 above are made, it will impact the total number. - lU 1.17 <' All ADA requirements must be met for each building. :i ',' IY & 1.[0]18 ~ The parking row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visuaVsoftening ~ break. At least two (2) landscape islands/bump-outs with dimensions ~~ equivalent to a single stall shall be provided within this row. 1~ ~~-': :- 1.19 The inclusion of bicycle racks at each office building shall be required. 1': '\I FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 16 USE PERMIT SUBJECT TO CONDITIONS / ]-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 ;:;; v; i:'! '. ~ ,~ =l! ~ ',\0< ~ ";J~ ~ ... f1l ~.~','. , ,. , ,~ ~ VlV l'l i/! i~ ;: jl; '+Y ~, 1.20~ One, three inch (3") caliper tree is required per 1,500 sJ. of asphalt area 'Ion the site (excluding rights-of-way). A total of 115 trees are currently ~(B shown for the perimeter landscaping. This appears to meet the ordinance. /;; .~ However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. ... 1.21 Detailed landscape plans, including berm height, species, groundcovers, shrubs and irrigation details shall be submitted with each future building's Certificate of Zoning Compliance/Building Permit application. ~ 1.22 The Applicant shall pay for the opticom traffic signal for the future ij: ;0: intersection on Eagle RoadlSH 55, and shall be proportionally reimbursed for the total cost once ~e Kleiner property to the south develops. ~ 1.23 That the Meridian School District shall be added to the Plat which ; proposes to construct a new, public cul-de-sac and which shall connect the '" office complex to the 66-foot collector road serving River Valley ~ Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian ~ School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right- of-way dedication. .1 " ~ 1.24 "I The total project has 87 more parking stalls than required by ordinance, and therefore, the Applicant shall be allowed to eliminate the compact Ii; parking spaces. .:. 3. That ~he City Attorney draft an Order Granting Conditional Use Permit in !2 ~ ~ accordance with this Decision, which shall be signed by the Mayor and City Clerk and ~ ~ (if: then a conformed copy shall be served by the Clerk upon the applicant, the Planning ~ and Zoning Department, Public Works Department and City Attorney and any :::3 '11 \~ affected pa1JY requested notice. ", 1< '<' FINDINGS dF FACT AND CONCLUSIONS OF LAW - Page 14 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 & ,. ~ ,~ $l Irlf, ~ .~ ',tj \1 ~ i'! ~ ,~ NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of ~ Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or lo denial of the conditional use permit may within twenty-eight (28) days after the date . of this decision and order seek a judicial review as provided by Chapter 52, Title 67, . Idaho Code. :rt....J.: ~ By a~ion of the City Council at its regular meeting held on the 6~ day of J~ ,2000. ,....~ ROLL CALL ~l . "' COUNCILMAN ANDERSON '" VOTED~ '" ~~ ", ,;, ~ ~ COUNCILMAN BIRD ~ 1E ~ 11; ;ti '" VOTED~ '" VOTED$IL . .. 'l' VOTED~~ '" ~ COUNCILMAN deWEERD :W: ~ " COuNCILMAN McCANDLESS ~ 1 'lS ,~ " c. '!; tW,.1 ! ., FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 of 16 USE PERMITt;;SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-OO-020 Ii' ~",. ,- l< i~ ti~ ~ ~~ ;;; :~~l ~,j ~ rJ~ ~,I ~ ~ "" !!o! ;( ~ MAY9R ROBERT D. CORRIE (TIE BREAKER) '; b-6-tJC) DATED: " II APPROVE~' MOTION: '. " ~ ~ VOTED ~: . DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: J!~)~~. City Clerk Dated: 6-6":tJO ~ ~ t. mswZ:\Work\M\Mtridian 15360M\Caro! Offi~'AZ CUP PP\CUPFfC!sOrdD/!c 10 ~' '" iii I . :~ ~i '" ~ !;' '~ it "' ~', ~ ;, :;.. ~ E' ~ ~ ~ ~ ~ II FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROfESSIONAL CENTER/ CUP-OO-020 ~ !r' '" .~ ~ .. ~-Y' ~ (~