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HomeMy WebLinkAboutMeadowlake Village CUP03-040interoffice MEMORANDUM RECEIVED To: From: Subject: File No.: Date: William G. Berg, Jr. William F. Nichols BY: HUMMEL ARCHTPECTS FOR CONDITIONAL USE PERMIT FOR MULTI-STORY MEDICAL OFFICE BUILDING IN AN L-O ZONE CUP-03-040 October 10, 2003 Will: OCT 1 0 2~3 City Of Meridian City Clerk Office Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT SUBJECT TO CONDTfIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\MVNeddian\Meridian 15360MUtifeadow Lake Village Medical Office CUP-03A40\CIkLUCUPffcls&Order l0 10 03.dac BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN C/C 10/07/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA MULTI- STORY MEDICAL OFFICE BUILDING IN AN L-O ZONE, LOCATED ON THE WEST EDGE OF MEADOW LAKE VILLAGE, SOUTH OF FRANKLIN ROAD, APPROXIMATELY 1/3 MILE EAST OF EAGLE ROAD, NEAR ST. LUKE'S HOSPITAL AND MONTVUE SUBDIVISION, MERIDIAN, IDAHO HUMMEL ARCHITECTS, APPLICANT Case No. CUP-03-040 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on October 7, 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 Jason Butler, 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 18 Wlt: FINDINGS OF FACT 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 October 7, 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 fifteen (15) days prior to said hearing and with the nofice 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 October 7, 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 on the west edge of Meadow Lake Village, south of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 2 OF 18 Franklin Road, approximately 1/3 mile east of Eagle Road, near St. Luke's Hospital and Montvue Subdivision ,Meridian, Idaho, and the pazcel is in the city. 5. The owner of record of the subject property is Touchmazk of the Treasure Valley, LLC, and they have given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is Hummel Architects. The subject property is currently zoned L-O (Limited Office). The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2.. 8. The proposed applicafion requests a conditional use permit/planned development for amulti-story medical office building in an L-O zone. The existing conceptual planned development for the property requires a detailed Conditional Use approval for each phase of the project. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use Community. 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 hnpact Area Boundary. 12. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 18 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. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x17 stalls. All other parking stalls shall be at least 9x19 as depicted on the approved site plan and in conformance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisionss set forth in MCC 11-17-4.B. 5. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4, 2003, which is approved. 7. 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 11- 13-4C. 8. 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 subject to design review and shall require separate permits. Signs shall conform to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERNIIT PAGE 4 OF 18 9. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 10. 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 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. 11. 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. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire prof ect. 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. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the project and around the building. The fire lanes shall be located no less than 15' and no greater than 30' from the building. UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 5 OF 18 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All building uses and processes to comply with the International Fire Code. 9. A vertical cleazance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. If the developer is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The applicant will be providing two 8 yard trash dumpsters to be picked up Monday through Friday, and the applicant shall allow fora 22' clearance inside of the gate posts. E. Adopt the Recommendations of the Ada County Highway District as follows: On April 8, 2003 the Ada County Highway District Commissioners acted on MCUP03- 005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 13. The applicant has proposed a new 98,000 squaze foot medical office building shell and core in Meadow Lake Village (a.k.a. Touchmark Living Centers). When Touchmark was approved in 2000, it was approved as a Conceputal Planned Development with a mix of office, retail, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 18 single-family residential, and multi-family residential uses. All future commercial uses are required to go through a detailed conditional use process for approval. The project site is 5.96 acres and sits on portions of Lots 4 and 5, Block 1 of Touchmark Living Center Subdivision, and closely matches the approved conceptual site plan recently approved through CUP-03-005. If approved, this would be the first commercial/office building constructed in the Meadow Lake Village project. To date, all construction has been residential and supporting amenities, such as the golf course. The proposed building includes 5 stories of habitable office space, a penthouse for mechanical equipment, and a small basement for utility services. The project was submitted as a planned development to request approval to exceed the maximum building height in the L-Ozone. The proposed maximum height is 85 feet, which also conesponds to the maximum height allowed by the International Building Code for the type of construction proposed. The maximum building height for the L-O zone is 35 feet. It is found that the subject property is large enough to accommodate the requested use and all other required features. Of the 98,000 total square feet of the structure, 77,000 square feet is intended for examination, treating room, office, and waiting room areas. Atone parking space per 200 square feet, 385 parking spaces would be required; the site plan proposes 400 spaces-7 of which are handicap accessible and 1 van accessible space. Thus, they exceed the minimum by 15 spaces. All landscape buffers and internal landscape islands meet or exceed ordinance requirements. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community." It is found that the proposed medical office uses are harmonious with and in accordance with the Comprehensive Plan. The overall project was approved as a conditional use for a planned development in order to allow reduced setbacks and multiple buildings on a single lot. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 18 current proposal is also a planned development to allow for the proposed building to exceed height limits. Ifthe project is approved as a Planned Development, it will meet the minimum requirements of the MCC. This proposal is in compliance with the mixed use policies in Chapter 7 (pp. 97-98). The purpose of the mixed use designation in the Comprehensive Plan "is to identify key azeas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The flexibility requested through the PD application is in harmony with the intent of the Comprehensive Plan designation. 15. It is found that the proposed medical clinic will not adversely change the existing (mixed use) or intended (mixed use) character ofthe general vicinity. The existing surrounding uses include St. Luke's Hospital to the south and Montvue Subdivision to the west. Montvue Subdivision is intended to go commercial in the future upon annexation and recently had one lot annexed and zoned L-O for a medical office building. Other commercial/office azeas of the Meadow Lake Village project surround the subject site on the north and east. 16. It is not anticipated that the proposed use as a medical office building will adversely affect adjacent properties due to the similar uses on the St. Luke's site to the south and the recent approval of a medical office building in Montvue Subdivision. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. City water & sewer services have been constructed within the Meadow Lake Village project and are stubbed to this lot. A trash enclosure has been provided on-site for refuse disposal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 8 OF 18 18. It is found that the proposed medical office 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. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. 19. It is found that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. ACHD approved the project on Apri18, 2003 at staff level. It did not require ACHD Commission action due to the fact that the Commission has approved the conceptual plan and the vehicle trips that are anticipated to be generated by this development. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this finding. As noted above, ACHD approved the project on April 8, 2003. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4"caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers confen-ed upon it by the "Local Land Use Planning Act of 1975" hereinafter refereed 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 9 OF 18 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards aze 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 harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same azea; 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 welfaze 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 10 OF 18 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 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 be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 11 OF 18 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the 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: That the above named applicant is granted a conditional use permit fora multi- story medical office building in an L-O zone, located on the west edge of Meadow Lake Village, south of Franklin Road, approximately 1/3 mile east of Eagle Road, near St. Luke's Hospital and Montvue Subdivision, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 18 The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x17 stalls. All other parking stalls shall be at least 9x19 as depicted on the approved site plan and in conformance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisionss set forth in MCC 11-17-4.B. 5. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4, 2003, which is approved. 7. 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. 8. All signage shall be in accordance with the standards set forth in Secfion 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State of Idaho licensed azchitect 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 standazds and policies. Off-site disposal into 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 18 11. 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. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the Uniform Fire Code shall be available for duration of 2 hours 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. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the prof ect and around the building. The fire lanes shall be located no less than 15' and no greater than 30' from the building. UFC 902.2.1 7. No vertical obstructions or mature landscaping which obstructions the outlets ofthe fire hydrant within 10'. 8. All building uses and processes to comply with the International Fire Code. 9. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The District requires a Land Use Change Application be filed for review prior to final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 14 OF 18 platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. If the developer is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The applicant will be providing two 8 yard trash dumpsters to be picked up Monday through Friday, and the applicant shall allow fora 22' clearance inside of the gate posts. E. Adopt the Recommendations of the Ada County Highway District as follows: 1. On April 8, 2003 the Ada County Highway District Commissioners acted on MCUP03-005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 15 OF 18 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 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 TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTIIONAL USE PERMIT PAGE 16 OF 18 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 17 OF 18 Mayor Robert D. Corrie Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Dated: City Clerk Z:\Work\MVNeridianNReridian 15360MVvleadow Iake Village Medical Ot£ce CUP-03-040\FfCls CUP-03-040.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 18 OF 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN C/C 10/07/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA MULTI- STORY MEDICAL OFFICE BUILDING IN AN L-O ZONE, LOCATED ON THE WEST EDGE OF MEADOW LAKE VILLAGE, SOUTH OF FRANKLIN ROAD, APPROXIMATELY 1/3 MILE EAST Case No. CUP-03-040 ORDER GRANTING CONDITIONAL USE PERMIT OF EAGLE ROAD, NEAR ST LUKE'S HOSPTIAL AND MONTVUE SUBDIVISION, MERIDIAN, H)AHO RUNNEL ARCHITECTS, APPLICANT 1. This matter coming before the City Council on October 7, 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 fora multi- story medical office building in an L-O zone located on the west edge of Meadow Lake Village, south of Franklin Road, approximately 1/3 mile east of Eagle Road, near St. Luke's Hospital and Montvue Subdivision, Meridian, Idaho, subject to the following conditions of use and ORDER CONDTlIONAL USE PERMIT (CUP-03-D40) PAGE 1 OF 7 development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The maximum building height for this project shall be eighty-five (85') feet tall. 2. The row of parking stalls adjacent to the pedestrian walkway is approved with 9x17 stalls. All other parking stalls shall be at least 9x19 as depicted on the approved site plan and in conformance with Ordinance 11-13-4. 3. Applicant shall submit a copy of a recorded cross-access agreement with St. Luke's when applying for a Certificate of Zoning Compliance. The proposed project shall also provide for cross access from the medical office site to adjacent properties within Meadow Lake Village. 4. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 5. Applicant must comply with the conditions of the annexation, plat, planned development, and development agreement for Touchmark Living Centers. 6. The applicant has submitted a revised Landscape Plan dated September 4, 2003, which is approved. 7. 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 11- 13-4C. 8. 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 subject to design review and shall require separate permits. Signs shall conform to the requirements of the Planned Sign Program approved for Meadow Lake Village on 11/27/02 and as submitted with the application. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. 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 ofMeridian standards and policies. Off-site disposal ORDER CONDTI'IONAL USE PERNIIT (CUP-03-040) PAGE 2 OF 7 into 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. 11. 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. 12. Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village. Applicant shall coordinate size and routing with the Public Works Department. B. Adopt the Recommendations of the Meridian Fire Department as follows: That afire-flow as required by the Uniform Fire Code shall be available for duration of 2 hours 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. 5. All radii shall be 28' inside and 48' outside radius. 6. The fire lanes shall be 26' wide into the project and around the building. The fire lanes shall be , located no less than 15' and no greater than 30' from the building. UFC 902.2.1 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All building uses and processes to comply with the International Fire Code. 9. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. ORDER CONDTTIONAL USE PERNIIT (CUP-03-040) PAGE 3 OF 7 10. Provide 5 fire hydrants for the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: The District requires a Land Use Change Application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. If the developer is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then the applicant shall contact the District concerning the installation of the pressure system. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The applicant will be providing two 8 yazd trash dumpsters to be picked up Monday through Friday, and the applicant shall allow fora 22' cleazance inside of the gate posts. E. Adopt the Recommendations of the Ada County Highway District as follows: On Apri18, 2003 the Ada County Highway District Commissioners acted on MCUP03- 005/Meadow Lake Village Subdivision. The conditions and requirements also apply to MCUP03-040. 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 this permit. ORDER CONDTTIONAL USE PERMIT (CUP-03-040) PAGE 4 OF 7 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 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.) ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE 5 OF 7 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 may be 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. ~ By action of the City Council at its regular meeting held on the day of 2003. Robert D. Come, Mayor City of Meridian Attest: William G. Berg, Jr., City Clerk ORDER CONDTPIONAL USE PERNIIT (CUP-03-040) PAGE 6 OF 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Z:\WorkuVl\MeridienVNertdian 15360MUMeadow Lake Village Medical Office CUPA3-040\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-040) PAGE 7 OF 7