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HomeMy WebLinkAboutSilverstone Corporate Center No. 2 CUP-01-043BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH FABRICATION, OFFICE, RETAiL, AND HEALTH CLUB FOR SILVERSTONE CORPORATE CENTER PHASE II IN A C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT Case No. CUP-01-043 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 February 19, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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, Contusions 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 February 19, 2002, before the City Council, the first publication appearing and ~vritten 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 ne~vspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing sen,ices 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 ~vith the staff report. 3. This proposed development request is in an R-1 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast comer of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The oumer of record of the subject property is Sundance Investments Limited Partnership or Assigns of Boise, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-1 by Ada County. There is, however, there is a current application before the City Council for annexation and zoning to C-G. The zoning district of C-G 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 development of High-Tech Fabrication, office, retail, and health club. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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. i 1. 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 govermnental subdivisions providing services in the City of Meridian plmming jurisdiction public facilities and services required by the proposed development will not impose e>cpense 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 City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Bicycle raclcs shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parlcing loc dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. The submitted landscape plan indudes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. Parldng Lot Landscaping: Landscape islands serving a single ro~v of parldng shall have one tree. Islands serving a double row of parking shall have t~vo trees. A planting island shall be provided to brealc up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific revie~v will occur prior to application for building permits. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 i0. 11. 12. 13. 14. 15. 16. letter of approval from their office when applying for a Certificate of Zoning Compliance. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). Any existing domestic wells and/or septic systems within this project shall 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. Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered backfill. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17. All signage shall be in accordance with the standards set forth in the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 18. Provide five-foot-wide sidewalls throughout development in accordance with City Ordinance. 19. All construction shall conform to the requirements of the Ainericans with Disabilities Act. Additionally, applicant shall comply with the following: 20. Ail the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-01-025) and Annexation and Zoning documents (AZ-01-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 2 ]. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17,200], and recorded in the Ada County Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Residential". It is also found that the development plan, with the accompanying list of uses, will be developed in compliance with the Meridian Zoning Ordinance if developed in accordance with the original Development Agreement. 15. That the design, construction, operation, and nmintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, m~d 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; it is found that the proposed development will be adequately served by the essential public facilities and services listed above. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. That the proposed use 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; it is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 "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 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. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 reconunendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 ~vas adopted December 21, 1993, Ord. 629, January 4, I994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of High-Tech Fabrication, office, retail and health club, in a C-G zone located at the southeast corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Bicycle rares shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 2. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. 4. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that ~neet all parking lot dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. 5. The submitted landscape plan includes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; however, the indusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. 6. Parldng Lot Landscaping: Landscape islands serving a single row of parl~g shall have one tree. Islands serving a double row of parking shall have txvo trees. A planting island shall be provided to brealc up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific review will occur prior to application for building permits. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. 8. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 as per City Ordinance. 10.Initiation of work on the planned development shall tal, e place within eighteen months, as set forth in section 11-i 7-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un-initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 11 .Any existing domestic wells and/or septic systems within this project shall 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.Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered backfill. 13. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 14. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance ~vith Americans with Disabilities Act (ADA) requirements. 15.A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parMng areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 16.Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17.Ail signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 18.Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 19.All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Additionally, applicant shall comply with the following: 20. All the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-01-025) and Annexation and Zoning documents (AZ-01-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 21. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17, 2001, and recorded in the Ada County Recorder's office as Instrunrent No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 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 Council at its regular meeting held on the day of /~6/2(~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED_~ VOTED_~,q..- VOTED_~ VOTED_~ VOTED MOTION: APPROVEIS~t~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Copy served upon Applicant, Planning and Zoning Department, Public WorLs Department and the City Attorney. Clerk \k204.229.127.194LSERVERZ~Work~MkMeridianV,Aeril CUPO 1-043~FfCIsCUPO 1-043.doc Phase II AZ0t-025 PP01-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH FABRICATION, OFFICE, RETAIL, AND HEALTH CLUB FOR SILVERSTONE CORPORATE CENTER PHASE II IN A C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-043 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the February 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT (CUP-01-043) -1 2. That the above named applicant is granted a conditional use permit for development of High-Tech Fabrication, office, retail and health dub in a C-G zone located at the southeast corner of E. Overland Road and S. Eagle 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: Bicycle racks shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight ~nodifications that comply with the overall development plan approval shall not require future public hearings. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parldng lot dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. The submitted landscape plan includes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; ho~vever, the inclusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. Parking Lot Landscaping: Landscape islands serving a single row of parldng shall have one tree. Islands serving a double row of parMng shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific revie~v ORDER CONDITIONAL USE PERMIT (CUP-01-043) -2 10. 11. 12. 13. 14. will occur prior to application for building permits. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). Any existing domestic wells and/or septic systems within this project shall 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. Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered backfill. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. ORDER CONDITIONAL USE PERMIT (CUP-O 1-043) -3 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 16. 17. 18. 19. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalka throughout development in accordance with City Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Additionally, applicant shall comply with the following: 20. Ail the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-01-025) and Annexation and Zoning documents (AZ-Ol-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 21. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17,2001, and recorded in the Ada County Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. The above conditions are concluded to be reasonable a2~d the ORDER CONDITIONAL USE PERMIT (CUP-01-043) -4 applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ,2002. 'q~obe~'D: ~'orrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk Z:\WorkklVEMeridian~Meridian 15360MkSilverstone Corp Cntr Phase II AZO1-025 PPOl-025 ORDER CONDITIONAL USE PERMIT (CUP-01-043) -5