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HomeMy WebLinkAboutSundance Subdivision CUP-01-026BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/I 9/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUNDANCE SUBDiVISION IN AN R-8 ZONE, LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO G. L. VOIGT DEVELOPMENT, APPLICANT Case No. CUP-01-026 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 November 20, 2001 and continued until Februa .ry 19, 2002, 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, and Steve Arnold ~vith Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 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 ~veeks prior to the said public hearing scheduled for November 20, 2001 and continued until February 5, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 November 20, 2001 and continued until February 5, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set 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 with the staff report. 3. This proposed development request is in an RT 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 northeast corner of E. Ustick Road and N. Meridian Road, Meridian, Idaho. 5. The owner of record of the subject property is the McBirney Property Trust of San Jose, California. Applicant is G. L. Voigt Development of Idaho Falls, Idaho. 7. The subject property is currently zoned RT by Ada County. However, there is a current application before the City Council for annexation and zoning to R- 8. The zoning district of R-8 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 a subdivision consisting of 214 single family dwellings, 4 future office lots, 23 common lots to include a neighborhood park and pedestrian pathway. Tire R-8 zoning designation within the City of Meridian Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political 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: The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one ( 1 ) amenity if the area is usable, given the fact that the pocket park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Block 10) offers circulation ~vithin the subdivision; the other three connect to Ustick and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6- 2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. Parldng: The parking shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Block 7 do not reflect the minimum number of required parking stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. Sample photos and elevations of the office buildings were submitted with the application. Since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. Any retail uses shall require a CUP application. 5. The Preliminary Landscape Plan shows an incorrect scale. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 shall correct the scale on the landscape plan submitted ~vith the Final Plat application. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACHD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, SanitaE¢ Services in the Preliminary Plat (PP-01-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. 10. The north-south pedestrian pathway to the commercial lots shall not be required. I3. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, 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 ~vith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the property as "Single Family Residential". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. 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 o 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, 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. 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. 19. That the proposed use ~vill 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 fumes, glare or odors. 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. 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. 22. The required open space within this subdivision shall consist of a centrally located in the pocket park with a pathway system around the subdivision. There will also be a basketball court within the park and park benches and shall include a gazebo, picnic tables, and trash receptacles. 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 Ordinance at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 8 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; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic xvelfare 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 inrportance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), 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 ~vith the provisions of Meridian City Code § I 1-17-5 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 Tovm 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it inay 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 hnpact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 a planned development for 214 single family dwellings, 4 future office lots, 23 common lots to indude a neighborhood park and pedestrian pathway in an R-8 zone located at tire northeast corner of E. Ustick Road and N. Meridian 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 follo~vs: 1. The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one ( 1 ) amenity if the area is usable, given the fact that the pocket park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Block 10) offers circulation within the subdivision; the other three connect to Ustick and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6-2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 Parking: The parking shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Block 7 do not reflect the minimum number of required parking stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. Sample photos and elevations of the office buildings were submitted with the application. Since parldng, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows minor changes tip to 10% flexibility. Any retail uses shall require a CUP application. The Preliminary Landscape Plan shows an incorrect scale. Applicant shall correct the scale on the landscape plan submitted with the Final Plat application. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. 7. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACHD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, Sanitary Services in the Preliminary Plat (PP-01-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 9. The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 10. The north-south pedestrian path~vay to the commercial lots shall not be required. 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 no~tice. 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 Council at its regular meeting held on the day of ~ff4/~(_..-~ , 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 ROLL CALL: COUNCILMAN Iad~ITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED~z~tL-- VOTED ~-~ COUNCILWOMAN CHERiE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROV~D DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Z:\Work~VlkMeridian~Meridian 15360IvlkSundance Sub AZ01-012 PP01-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUNDANCE SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORHTEST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO G. L. VOIGT DEVELOPMENT, APPLICANT Case No. CUP-01-026 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the November 20, 2001 and continued until February I9, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned development for 214 single family dwellings, 4 future office lots, 23 ORDER CONDITIONAL USE PERMIT (CUP-01-026) -I common lots to include a neighborhood park and pedestrian pathway in an R-8 zone located at the northeast corner of E. Ustick Road and N. Meridian 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: The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one (1) amenity if the area is usable, given the fact that the pod, et park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Block 10) offers circulation within the subdivision; the other three connect to Ustick and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6- 2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. Parldng: The parldng shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Block 7 do not reflect the minimum number of required parldng stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. Sample photos and elevations of the office buildings ,vere submitted with the application. Since parldng, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance ORDER CONDITIONAL USE PERMIT (CUP-01-026) -2 process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. Any retail uses shall require a CUP application. The Preliminary Landscape Plan shows an incorrect scale. Applicant shall correct the scale on the landscape plan submitted with the Final Plat application. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. Ordinance 12-6-7.D requires that al1 planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACHD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, Sanitary Services in the Preliminary Plat (PP-01-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. 10. The north-south pedestrian pathway to the commercial lots shall not be required. 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 ORDER CONDITIONAL USE PERMIT (CUP-O1-026) -3 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 ~"'~ dT/L ff/~ ,2002. _,,)D. ~o}rie, Mayor~it)~ of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: \L204,229.127.194\SERVERZ~Work~vi~Meridian~Vieridian 15360M\Sundance Sub AZ01-O12 026\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-01-026) -4