HomeMy WebLinkAboutSeegmiller Dental CUP03-024BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/16/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A DENTAL
CLINIC WITHIN RESOLUTION
SUBDIVISION ON LOT 2, BLOCK 1
FOR SEEGMILLER DENTAL
CLINIC IN AN L-O ZONE,
LOCATED AT 2201 E. GALA
STREET WHICH IS ON THE
SOUTH SIDE OF OVERLAND
ROAD, APPROXIMATELY'/: MILE
EAST OF LOCUST GROVE ROAD,
MERIDIAN, IDAHO
Case No. CUP-03-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
DR. DAVID SEEGMILLER,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on September 16, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, and Larry Knopp, 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 15
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 September 16, 2003, before
the City Council, the first publicaton 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 September 16, 2003, 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 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 L-O 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 2201 E. Gala Street which is on the south side of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT .
PAGE 2 OF 15
Overland Road, approximately %z mile east of Locust Grove Road within Resolution Subdivision
on Lot 2, Block 1, Meridian, Idaho, and the parcel is contiguous to existing city limits.
5. The owners of record of the subject property are Robert C. Gaudry, P.C. and
David E. Seegmiller.
6. Applicant is David Seegmiller.
The subject property is cunently zoned L-O. The zoning district of L-O 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 new dental clinic
in a proposed L-O zone. The Resolution Business Park Subdivision Planned Development was
conceptually approved without specific uses in 1999 and required a CP be obtained for all future,
detailed uses.
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Commercial.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 3 OF 15
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. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
2. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles
adjacent to parking shall be at least 25 feet wide.
Applicant shall revise the Site Plan (Sheet Al) to provide a minimum 5-foot wide
sidewalk stub to the south property line in the general vicinity of the trash enclosure
and submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1
of Resolution Subdivision prior to applying for a Certificate ofZoning Compliance.
4. The Landscape Plan (Sheet Ll, dated Apri128, 2003) shall be revised as follows:
a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to
the south landscape strip. (Applicant should note that some ofthe street trees
on E. Gala or trees east of the building could be relocated to meet this
requirement.) If a cross access easement is required to Lot 3, Block 1, these
trees shall be spaced to allow a minimum 25-foot wide access drive to be
constructed.
b. Revise the Plant Material Legend to include the street trees labeled as CS, GL
and RC.
c. Revise the Plant Material Legend to increase the size of the Vanerwolf to a
min. 6' - 7' and increase the size of the Gaiety and Daylilly shrubs to min. 2
gallon size.
5. Sanitary sewer and water service shall be from new service lines to be installed as
part of the re-subdivision of the property.
6. 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.
All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMTI'
PAGE 4 OF 15
City Zoning and Development Ordinance. All signage is subject to design review and
shall require separate permits. Signs shall conform to the character of sign submitted
with the application, with a 13'-6"maximum overall height.
8. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
9. 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 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
regazding Shallow Injection Wells.
10. 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. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a cleaz driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of the Ada County Highway District as follows:
1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as
approved on Apri129, 2003 by the Ada County Highway District Commission. (The
Ada County Highway District report, dated May 27, 2003, is attached hereto as
Exhibit "A" and fully incorporated herein and consists of seven pages.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 5 OF 15
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. File for a Land Use Change/Site Development application for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of Sanitary Service as follows:
1. If waste dumpsters are to be utilized for this facility, the enclosure is too small.
F. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows:
The applicant submitted a revised Plat, dated September 10, 2003, and said approved
Plat provides the temporary emergency access on the south boundary.
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. Some site modifications
will need to be made to the landscaping plan in order to be in compliance with the MCC, as detailed
under Site Specific Conditions of the staff report.
14. The cunent Comprehensive Plan Land Use Map designates the property as
"Commercial" and is currently zoned L-O. It is found that the requested use is in compliance with
the approved Future Land Use Map and that if approved as a CUP the project will be in compliance
with the MCC.
15. It is found that the proposed development will not adversely change the existing
or intended character of the general vicinity.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
17. It is found that the proposed development can be adequately served by the
essential public facilities and services, including: streets, police and fire protection, drainage
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTI'
PAGE 6 OF 15
structures, refuse disposal, water and sewer.
18. It is found that the proposed dental clinic use will not be detrimental to the
economic welfare of the community, nor would it create the need for any new facilities or
services to be paid for by the public.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from
the proposed dental office use.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. Review of the ACHD report for this project will
provide additional detail infonnation.
21. It is not found that any natural or scenic feature will be lost, damaged or destroyed
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 7 OF 15
provision required, provide for the process of special and/or condifional 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 fording that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is lazge 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 chazacter of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance. ,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE S OF 15
5. Prior to granting a conditional use permit in the L-O zone a public hearing shall
be conducted with notice to be published and provided to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the land under consideration
for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-
17-5 City of Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall beheld before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an 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)
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 CONDTTIONAL USE PERNIIT
PAGE 9 OF 15
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 standazds 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, 2002,
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:
1. That the above named applicant is granted a conditional use permit for a new
dental clinic in the L-O zone located at 2201 E. Gala Street which is on the south side of
Overland Road, approximately''/z mile east of Locust Grove Road within Resolution Subdivision
on Lot 2, Block 1, 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:
1. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
2. All pazking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles
adjacent to parking shall be at least 25 feet wide.
3. Applicant shall revise the Site Plan (Sheet Al) to provide a minimum 5-foot wide
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 10 OF 15
sidewalk stub to the south property line in the general vicinity of the trash enclosure and
submit a copy of a recorded pedestrian cross-access easement with Lot 3, Block 1 of
Resolution Subdivision prior to applying for a Certificate of Zoning Compliance.
4. The Landscape Plan (Sheet Ll, dated Apri128, 2003) shall be revised as follows:
a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to the
south landscape strip. (Applicant should note that some of the street trees on E.
Gala or trees east ofthe building could be relocated to meet this requirement.) If a
cross access easement is required to Lot 3, Block 1, these trees shall be spaced to
allow a minimum 25-foot wide access drive to be constructed.
b. Revise the Plant Material Legend to include the street trees labeled as CS, GL
and RC.
c. Revise the Plant Material Legend to increase the size of the Vanerwolfto a min.
6' - 7' and increase the size of the Gaiety and Daylilly shrubs to min. 2 gallon
size.
5. Sanitary sewer and water service shall be from new service lines to be installed as
part of the re-subdivision of the property.
6. All exterior lighting, whether attached to the building or located within the
parking lot, shall bedown-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.
7. 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. Signs shall confonn to the character of sign submitted with the
application, with a 13'-6" maximum overall height.
8. All construcfion and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
9. 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 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.
10. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development.. A temporary Certificate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERNIIT
PAGE 11 OF 15
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. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface
with a minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of the Ada County Highway District as follows:
1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as
approved on Apri129, 2003 by the Ada County Highway District Commission. (The Ada
County Highway District report, dated May 27, 2003, is attached hereto as Exhibit "A"
and fully incorporated herein and consists of seven pages.)
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. File for a Land Use Change/Site Development application for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of Sanitary Service as follows:
If waste dumpsters are to be utilized for this facility, the enclosure is too small.
F. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows:
The applicant submitted a revised Plat, dated September 10, 2003, and said approved
Plat provides the temporary emergency access on the south boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 12 OF 15
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 drab an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTIIONAL USE PERMTI'
PAGE 13 OF 15
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 Z/~' ~ 7 day of
/+-~~(~l. , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 15
COUNCILWOMAN CHERIE Mc LANDLESS VOTED__G~
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ''Z3-~,3
MOTION:
APPROVED: DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 15 OF 15
BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 09/16!03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A DENTAL
CLINIC WITHIN RESOLUTION
SUBDIVISION ON LOT 2, BLOCK i
FOR SEEGMILLER DENTAL
CLINIC IN AN L-O ZONE,
LOCATED AT 2201 E. GALA
STREET WHICH IS ON THE
SOUTH SH)E OF OVERLAND
ROAD, APPROXIMATELY'/: MILE
EAST OF LOCUST GROVE ROAD,
MERIDIAN, IDAHO
Case No. CUP-03-024
ORDER GRANTING
CONDITIONAL USE PERMIT
DR. DAVID SEEGMILLER,
APPLICANT
This matter coming before the City Council on September 16, 2003, 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 new
dental clinic in the L-O zone located at 2201 E. Gala Street which is on the south side of
Overland Road, approximately %i mile east of Locust Grove Road within Resolution Subdivision
on Lot 2, Block I, Meridian, Idaho, subject to the following conditions of use and development:
ORDER CONDTTIONAL USE PERMIT
(CUP-03-024)
PAGE 1 OF 6
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
2. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles
adjacent to parking shall be at least 25 feet wide.
Applicant shall revise the Site Plan (Sheet Al) to provide a minimum 5-foot wide
sidewalk stub to the south property line in the general vicinity of the trash enclosure
and submit a copy of a recorded pedestriancross-access easement with Lot 3, Block 1
of Resolution Subdivision prior to applying for a Certificate of Zoning Compliance.
4. The Landscape Plan (Sheet Ll, dated Apri128, 2003) shall be revised as follows:
a. Per Ordinance 12-13-11-2.B. & C, add a minimum of three (3) new trees to
the south landscape strip. (Applicant should note that some ofthe street trees
on E. Gala or trees east of the building could be relocated to meet this
requirement.) If a cross access easement is required to Lot 3, Block 1, these
trees shall be spaced to allow a minimum 25-foot wide access drive to be
constructed.
b. Revise the Plant Material Legend to include the street trees labeled as CS, GL
and RC.
c. Revise the Plant Material Legend to increase the size of the Vanerwolf to a
min. 6' - 7' and increase the size of the Gaiety and Daylilly shrubs to min. 2
gallon size.
5. Sanitary sewer and water service shall be from new service lines to be installed as
part of the re-subdivision of the property.
6. 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.
7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe
City Zoning and Development Ordinance. All signage is subj ect to design review and
shall require separate permits. Signs shall conform to the character of sign submitted
with the application, with a 13'-6"maximum overall height.
8. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
ORDER CONDTTIONAL USE PERMIT
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9. 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 pazking 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 standazds 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.
10. 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 maybe 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 Recommendafions of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads leading into and within the prof ect shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of the Ada County Highway District as follows:
1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivision, as
approved on April 29, 2003 by the Ada County Highway District Commission. (The
Ada County Highway District report, dated May 27, 2003, is attached hereto as
Exhibit "A" and fully incorporated herein and consists of seven pages.)
D. Adopt the Recommendations of the Nampa & Meridian hrrigation District as follows:
1. File for a Land Use Change/Site Development application for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
ORDER CONDITIONAL USE PERNIIT
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4. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of Sanitary Service as follows:
1. If waste dumpsters aze to be utilized for this facility, the enclosure is too small.
F. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows:
The applicant submitted a revised Plat, dated September 10, 2003, and said approved
Plat provides the temporary emergency access on the south boundary.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
ORDER CONDITIONAL USE PERMIT
(CUP-03-024)
PAGE 4 OF 6
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGI3T TO REGULATORY TAHING5 ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 this decision 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.
ORDER CONDTfIONAL USE PERNIIT
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By action of the City Council at its regular meeting held on the
~Pi%7l"iv+~~ fit., , 2003.
Attest: ``I I I w n u n p pr~
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-S'~i u~
William G. Berg, Jr., Cit Cl rk = ~~ ~^~
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Copy served upon Applicant, the Planning
and City Attorney.
By~c~/.'f~.--~ /d~^'r9~ 7+^ Dated:
City Clerk
23 ~ day of
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Department, Public Works Deparhnent
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