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HomeMy WebLinkAboutResolution Sub CUP 03-011BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/03/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 9,500 SQUARE FOOT RETAIL BUILDINGS WITH ASSOCIATED SITE IMPROVEMENTS IN AN L-O ZONE FOR RESOLUTION SUBDIVISION, LOCATED AT 1611 SOUTH MILLENNIUM WAY AND 2045 WEST OVERLAND ROAD, MERIDIAN, IDAHO Case No. CUP-03-011 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT G. L. VOIGT DEVELOPMENT, APPLICANT The above entitled conditional use permit application having come before the City Council on June 3, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 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 June 3, 2003, 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 fi8een (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 June 3, 2003, public hearings; and the applicant, affecxed property owners, and government subdivisions providing services within the planningjurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in L-O (Limited Office) 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 1611 South Millennium Way and 2045 West Overland FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Road, (on the south-west corner of E. Overland Road and South Millennium Way), Meridian, Idaho. 5. The owner of record of the subject property is Resolution Business Park, LLC, 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404. 6. Applicant is G.L. Voigt Development c/o Habitec Architects, 120 E. Iron Eagle Drive #200, Eagle, Idaho 83616. 7. The subject property is currently zoned L-O (Limited Oftice). The zoning disn ict of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. The proposed application requests a conditional use permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone. A Planned Development within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The current Comprehensive Plan Land Use Map designates the property as "H i eh Density Residential" and is currently zoned "L-O". The Resolution Subdivision project was approved under the former Comprehensive Plan; the new plan and accompanying Future Land Use Map do not reflect the approved plans for Resolution Subdivision. The requested use is in compliance with plans approved by the City of Meridian and it appears that the adopted Future Land Use Map does not accurately reflect the City's approval of retail uses on the subject lot. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 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 City of Meridian, subject to the following: A. Zoning and Engineering staff as CONDITIONS OF APPROVAL 1. service lines on the property. 2. Adopt the Recommendations ofthe Planning and follows: Sanitary sewer and water service shall be from existing The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1 C. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of-way. All parking lot lighting shall be in accordance with Ordinance 1 1-13-4C. 4. The submitted landscape/site plan, prepared by Habitec Architects, dated "14 FEB 03" is approved as submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 4 OF 23 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subj ect to design review and shall require separate permits. 6. All construction and site improvements shall con Form ~o the requirements of the Americans with Disabilities Act. 7. All parking shall be striped and improved in accordance with the Meridian City Code. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. »7, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 1 10°% of the cost of the required improvements (including paving, striping, landscaping, and in igation)..A bid must accompany any request for temporary occupancy. B. Department as follows: Adopt the Recommendations of the Meridian Fire 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 4• Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 C~ Adopt the Recommendations of Central District Health Department as follows: 1 • Submit more detailed information to the Health Department as to whether the buildings will be provided with central sewer and central water and what type of storm water management will be incorporated for the development. D• Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all storm drainage is retained on site, this proposed project will not impact Nampa & Meridian Irrigation District. However, if the stone drainage leaves the site, a land use change form is required. E• Adopt the Recommendations of ACHD as follows: Comply with the conditions and requirements of Resolution Subdivision AZ-00-004/CUP- 00-O1 S/CUP-00-016/CUP-00-017 Site Snecific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the pazcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-wav dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # ] 9,. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits}, whichever occurs first. Allow up to 30 business days to process die right-o 1'-way dedication after receipt of all requested material. The owner ~~il I be compensated for ull right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if The owner submits a letter of application to the impact Fee administrator prior to breaking ground, in accordance with Section 15 of ACH D Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary tumaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the ntmaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75- percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25- percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. 7. Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of--way of Locust Grove Road. Coordinate the location and elevation of the sidewallc with District staff. 9. Locate two driveways on Locust Grove Road as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 • The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. • The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers abutting the roadway. Provide 100-feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: • 480-feet east of Locust Grove Road: provide a minimum of 50-leet of stacking for this driveway. • 930-feet east of Locust Grove Road: provide a minimum of 50-feel of s:ackin~ Inr this driveway. • 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: • off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100-feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet ofright-of--way. • off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland Road and consecutive driveways are required to align or offset a minimum of 150-feet. The roadway shall be constructed as a 46-foot street section with curbs, gutters. and a 5-Foot wide concrete sidewalk within 64-feet ofright-of--way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate aneast/west road 400-feet south of Overland Road: locate drivewavs on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehicular recognition and safety. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center tum lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or pazcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to dle Disn-ict no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will he notified of the date and time of the Commission meeting at which the reconsideration wil I be heard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify al I improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required desi~ ~ changes. 6. Construction; use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of [his approval shall he valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. The project is a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 planned development and is therefore subject to the City's requirements that the development provide two (2) amenities for use by those who will utilize the development. The applicant has proposed a centralized court-yard type of amenity with four benches. It is found that these amenities, in addition to the amenities approved with the overall Resolution Subdivision Planned Development, are appropriate to the size and uses of the proposed development, per MCC 12-6- 2e. 14. The current Comprehensive Plan Land Use Map designates the property as "High Density Residential" and is currently zoned "L-O". The Resolution Subdivision project was approved under the former Comprehensive Plan; the new plan and accompanying Future Land Use Map do not reflect the approved plans for Resolution Subdivision. It is found that the requested use is in compliance plans approved by the City of Meridian and it appears that the adopted Future Land Use Map does not accurately reflect the City's approval of retail uses on the subject lot. It is found that the proposed retail development, subject to conditions of approval, is harmonious with the MCC and the Comprehensive Plan. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The subject lot is intended for non-residential development per the approved Resolution Subdivision Planned Development. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the revised development plans will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use will not create excessive additional requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 at public cost for public facilities and services and will not be detrimental to the economic welfaze of the community. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result fiom the proposed use. 20. It is found that the proposed use will not create significant interference with any traffic on the 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 by issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 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 maybe required by this Ordinance; b. That the proposed use and development plan will be ham~onious 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; 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 [he 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 L-O (Limited Office), a public hearing shall be conducted with notice to be published and provided to property owners or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days afer the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an 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 PAGE 14 OF 23 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2063, Resolution No. 02-382 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: That the above named applicant is granted a conditional use permit for a planned development consisting of two retail buildings on one lot in an L-O zone located at 1611 South Millennium Way and 2045 West Overland Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL Sanitary sewer and water service shall be from existing service lines on the property. 2. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 15 OF 23 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. The submitted landscape/site plan, prepazed by Habitec Architects, dated "14 FEB 03" is approved as submitted. 5. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. All parking shall be striped and improved in accordance with the Meridian City Code. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) For all off=street parking azeas. Storm water treatment and disposal must be designed in accordance w ith Department of E nvironmental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices forldaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. i;FC 902.2.1 C. Adopt the Recommendations ofCentral District Health Department as follows: 1. Submit more detailed information to the Health Department as to whether the buildings will be provided with central sewer and central water and what type of storm water management will be incorporated for the development. D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site, this proposed project will not impact Nampa & Meridian Irrigation District. However, if the storm drainage leaves the site, a land use change form is required. E. Adopt the Recommendations of ACHD as follows: Comply with the conditions and requirements of Resolution Subdivision A7-00-004/CL-1'- 00-O1 S/CUP-00-016/CUP-00-017 Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 17 OF 23 2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnaround at the end of the stub w ith a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75- percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25- percent ofthe cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. 7. Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of--way of Locust Grove Road. Coordinate the location and elevation of the sidewallc with District staff. 9. Locate two driveways on Locust Grove Road as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 1 S OF 23 • The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. • The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers abutting the roadway. Provide 100-feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: • 480-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. • 930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. • 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: • off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100-feet south of Overland Road. The roadway shal I be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet ofright-of--way. • off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland Road and consecutive driveways are required to align or offset a minimum of 150-feet. The roadway shall be constructed as a 46-foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet ofright-of--way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian vehicular recognition and safety. Coordinate the design of the buffer circle, the traffic control plan and location of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reauest shall specifically identify each reauirement to be reconsidered and include a written explanation of why such a reauirement would result in a substantial hazdshin or inequity. The written reauest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District a8er 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of ~l 10.00. The request for reconsideration shall soecifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heazd by the District Commission at the next regulaz meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTFIONAL USE PERMIT PAGE 20 OF 23 Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Consn-uction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase oFconstruction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe 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 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED_ ~~ COUNCILWOMAN TAMMY deWEERD VOTED- ~~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED f7 /~~"'~ COUNCILMAN WILLIAM L.M. NARY VOTED__ l MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:, j FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MOTION: APPROVED: DISAPPROVED: i Mayor o ert D. orrie Attest: ```````~a,r„I l~i r77 p7~rr ~~. ~~~=- ~ ~ , = SEAL r-- - William G. Berg, Jr., Cit Clerk ? r mo q ~% 90 ~~sr ist ~, 1` ,~ q P c Copy served upon Applicant, Planning and'Zoiling ~g~p~ ant, Public Works Department and the City Attorney. \\\\rr„,,11~ 1177u777r ~~ \`~,.~y pF MERj ,,~~ .` Ci ~pqq ~'9y 'may ~~ Fo -2 ~7 2 City Clerk ~' ' °i`E1J M ' ~~ ,°° p c Z:\Work\M\Meridian4Neridian 15360M\Resolu[ion Sub CUP /03~6'UC~1sCVPQ3-1~,~OQoc``\ 117111 111tH FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL C/C 06-03-03 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-03-011 G. L. VOIGT DEVELOPMENT FORA ) CONDITIONAL USE PERMIT FOR TWO 9,500 ) ORDER OF SQUARE FOOT RETAIL BUILDINGS WITH ) CONDITIONAL ASSOCIATED SITE IMPROVEMENTS IN AN L-O ) APPROVAL OF ZONE FOR RESOLUTION SUBDIVISION, ) CONDITIONAL USE LOCATED AT 1611 SOUTH MILLENNIUM WAY ) PERMIT AND 2045 WEST OVERLAND ROAD, MERIDIAN, ) IDAHO ) This matter coming before the City Council on the 3'a day of June, 2003, 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: 1. That the Applicant, G. L. VOIGT DEVELOPMENT, is granted a conditional use for two 9,500 square foot retail buildings with associated site improvements in an L-O zone, located at 1611 S. Millennium Way and 2045 W. Overland Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone, located at 1611 S. Millennium Way and 2045 W. Overland Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDTfIONAL APPROVAL OF CONDTI'IONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDNISION (CUP-03-011) PAGE 1 OF 8 CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing service lines on the property. 2. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. The submitted landscape/site plan, prepared by Habitec Architects, dated "14 FEB 03" is approved as submitted. 5. All signage shall be in accordance with the standazds set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall regmre separate permits. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. All parking shall be striped and improved in accordance with the Meridian City Code. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of E nvironmental Q uality 1997 p ublication C atalog o f S form Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards andpolicies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter ofcredit ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTIONSUBDNISION (CUP-03-011) PAGE 2 OF 8 or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Deparment. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 C. Adopt the Recommendations of Central District Health Department as follows: 1. Submit more detailed information to the Health Department as to whether the buildings will be provided with central sewer and central water and what type of storm water management will be incorporated for the development. D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all stone drainage is retained on site, this proposed project will not impact Nampa & Meridian Irrigation District. However, if the stone drainage leaves the site, a land use change form is required. E. Adopt the Recommendations of ACHD as follows: Comply with the conditions and requirements of Resolution Subdivision AZ-00-004/CUP- 00-01 S/CUP-00-016/CUP-00-017 ORDER OF CONDITIONAL APPROVAL OF CONDTIIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDIVISION (CUP-03-011) PAGE 3 OF 8 Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the pazcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary tumazound at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnazound at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnazound with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75- percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25- percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDIVISION (CUP-03-011) PAGE 4 OF 8 7. Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of--way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Locate two driveways on Locust Grove Road as follows: • The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. • The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers abutting the roadway. Provide 100-feet of stacking for both the inbound and out- bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: • 480-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. • 930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. • 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: • off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100-feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet ofright-of--way. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDNISION (CUP-03-011) PAGE 5 OF 8 • off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland Road and consecutive driveways aze required to align or offset a minimum of 150-feet. The roadway shall be constructed as a 46-foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet ofright-of--way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate aneast/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehiculazrecogmtion and safety. Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. hi accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or pazcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDNISION (CUP-03-011) PAGE 6 OF 8 Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orieinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDIVISION (CUP-03-011) PAGE 7 OF 8 way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. The above conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit. By action of the City Council at its regular 2003. Attest: G. Berg, Jr., City Copy served upon Applicant, the and City Attorney. on the ~ ~~ day of rF• 0 SEAL ~~ ~~ r t s't , ZO cc v~ omr~ D~~lment, Public Works Department !NT ~s>` \\i~nuinrurrrrr By: 2~~--/d-~ Dated: ?'Z~~3 City Clerk Z:1WorMMVMeridian\Meridian i5360MUtesolution Sub CUP 03 Ol I\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - G. L. VOIGT DEVELOPMENT FOR RESOLUTION SUBDIVISION (CUP-03-011) F SEAL y aM G ~ %909 c~T tst •, P~O`~ ~~''~~ COUNTY , \~` ~~~` '"'rrrrnn nu~"``P PAGE 8 OF 8