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HomeMy WebLinkAboutEagle Road Professional Center CUP 99-026 ,, ,: . , ., .. n ~ ~ . a. . ;... ,. .~;.. ..r,.>; ~„ ~ ,~~ ' 'HUB OF TREASURE VALLEY ~~ Mayor ° LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) a87-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING ,, DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES. FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:' August 3 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-026 REQUEST: CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY: ANDREW SIMONDS-FERMOR LLC LOCATION OF PROPERTY OR PROJECT: GENTRY WAY AND ALLEN STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO; P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 'CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL) YOUR CONCISE REMARKS: r--- _ ._. I _ ~._ _ C ."~~ ~,bo ~~~~ ~, For Accountable Mail 3 u ~ ' ~ °- (n °.P W ~~ _. O cD OD ^ V O) Ul A N 1 ~ O a Z M ~ ~ ~ : .,'' ~ ~ v~ ~" A~ \~ ~ ~ ~~N ~Q ~ ~ a w O a W 00 ~ .~~ ~ ~ N .v ( \1 ~ Sv -9 ~ D ~ ~ ~ v =r ~ ~ 6 m : f/1- k J ~ ..J ~ L m ~D z V• E 4 ,. A ~ f ~. ~ 6. - ~ ^ y A ° ~ O ~ ' ° Q ~~Z l~l ~ f O p fD ~ N N .+ ~ ~ n .. ~ ~ ~ O m 0 ~ ~ ~+O W ~ + N N ~ ~ ~ ~ ~ fD + ~ m° N r 7 z~ 7 A (D'N _ fD .-~ O 3 w m O ~ ~~ W O O W T W f D „ m _~ ~ , o ..O . ~ o oD . o° ~` o m~ ~ ,,. ~ ,~ X o ~ D Q X X °- ~ .a n • ~, ~ ` (~ ~ 7 ~ (p ; ~ ~ ° W' ~ ~, ~ O m - 0 ., ~ ~ ~ p V ~ ~.. Mf ~ ~• O ~ N ~V~ (~ - ; .... ~ ~, W ~ ao \I ~ ~ ~ Q ~ ~ ~ ~ ~ u _ o 0 . 0 ~ T - v ~ o 3 - ~ a oo w oo ~ - w w ... ~ ~, ~ ~. - ~• ~. J ` v N ~ O • ~ ~ ~ _N N D T ~ 3 a 9 CD ~ ... ~ ,r N N ®^^^Q a_ - ' ~ ~ ~vC N ~ ~ 1 ~ O. 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O o~~ . fD.a Q s~O ~ m m y w m ~ Sb rp N m ?~ c ~ w'~y~yN ~ _ `11 fn ~ yOO. -.. 6 : > ~. ~ X w - ~0~3-~ ~ r ~ m0 w cD ~.{n(1 ~~o3sa ~ ~° -- 9 w N ~ > ~ ~ b _ y(~ 3'O v;'2 0 ~ w.amvo3 ~ ~ 11~„' ~p ~ 7v_J ~' < N ,w F (D ~ ~ "ON~Qn ~~ D .Nn / ~ ~ Q f wo_ 7 fA ~ 7 ~ w m N a y m J^ d N O Ll ~ r ~ .~~ ' t0 a~N N`~ ~~ l ~` . •: NOTICE OF HEARING NOTICE, IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council. of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the -hour of 7:30 p.m. on September 21, 1999 for the purpose of reviewing and considering the application of Andrew Simonds / Fermor for a conditional use permit for two 2-story office buildings (Eagle Road ProfessionaLCenter), which is generally located at Gentry Way and. Allen Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the. public is welcome and invited to submit testimony. DATED this 1gt day of September, 1999. ANGE IMS, DEPUTY CITY CLERK PUBLISH. September $ and 15, 1999. 0 w 0 0 rn 0 0 ca 0 0 i N O C 'f1 t4 <D .-r • • ** TX CONFIRM~N REPORT ** AS OF SEP 01 '99 14 05 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 10 09/01 14 04 208 888 1097 EC--S 00'28" 001 008 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the' City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999 for the purpose of reviewing and considering " the application of Andrew Simonds / Fermor for a conditional use permit for two 2-story office buildings (Eagle Road Professional Center), which is generally located at Gentry Way and Allen Street. u Amore particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regu{ar business hours. A copy of the application is available upon request. Any and aA interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1~ day of September, 1999. PUBLISH September 8 and 15, 1999. ANGE IMS, DEPUTY CITY CLERK !~ EAGLE ROAD PROFESSIONAL CENTER , ' PROPERTY OWNERS WITHIN 300' I-IUDBLE E DON 9550 BETHEL CRT BOISE ID 83709 62I S ALLEN ST JACKSONS FOOD STORES INC PO BOX 488 . 3500 COMMERCIAL CT ' MERIDIAN ID 83680-0488 ~ ' 625 N EAGLE RD POST JAMES A PO BOX 1290 OLDSMAR FL 34677-0023 N EAGLE RD - 4 .. r BOTTLES MARK K & GERI G AND JONES BURKE P 5311 GLENWOOD - DOISE ID 83714 875 S ALLEN ST ~ ,. PATEL BHUPENDRA & NILA 2600 FAIRVIE W AVE - BOISE ID 83702 N EAGLE RD ST LUKES REGIONAL MEDICAL . CENTER LTD 190 E BANNOCK ST BOISE ID 83712-6241 ~ , N EAGLE RD NOT{CE OF HEARING NOTICE IS HEREBY GIVEN pursuant t© the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public. hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Andrew Simonds 1 Fermor for a conditional use ,permit for two 2-story office buildings (Eagle Road Professional Center), which is generally located at Gentry Way and Allen S#reet. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and ail interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10~' day of August, 1999. WILLIAM G. BERG, JR., CLERK PUBLISH August 11 and 25, 1999 Rytt,~ti#f11{fllffffff// l~ .: d ."w ~ ~,~~.L g a ,~, ~. ~~~ ~~ ** TX CONFIRM(~N REPORT ** DRTE TIME TO/FROM 12 08/10 14 15 208 888 109? AS OF AUG 10 ~14~15 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'28" 001 111 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and th® Laws of the State of Idaho, that the Planning and Zoning Commission of the City of M®ridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Andrew Simonds / Fermor for a conditional use permit for two 2-story office buildings (Eagle Road. Professional C®rtter), which is generally located at Gentry Way and Allen Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. °Any and atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10~' day of August, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH August 11 and 25, 1999. ~.N NLU 01 CC N'=NC E~n3mc N O X C C~ Y ~! C C C N C O, E C U CS N NU O ~:=dErnN `~ E v, ~ ,~: ~' _ ~ °N~° o y ,S _ E C d N U t0 ` L°~~°'OE O F~ C N N N LL (. Y~~ -CN...O p t0 N -O O ~« f, '~ Q (n lL ~ta EEc V U O E'E E N ~ O O = ~ O N ~ N N ~ '00~ ~ ~N (n LL - C th x~ ~~EN~N N ~ N N (~ ~ N O r ~ C~ L ~~ Nm,~ ~ = C ° ~ ~~ LL oxax~mc~ i6 l1J N tTC N U ~~~ ~ a '0C g ath m d E'a C ~ y~ rn o two N Q O U Y ~ N ap •- - ~c ctnN » C c c~i E oo E~~ mttyc ~ yU0 E NO UU g a i ~6~o~rnm -¢ B ~ E EN ~Na O QUtd ~ ~ ~ N UO O7 V) aO~ N ~ N O 'O ~ NO N N . ~m~E'~cn d N ° rn~r ~ g m O w~ c> ~oE~~~~ N v ~ c dw i°~° m'o O U N ~ .~ OO N N N._OU G i N C f - N N N ~ O U (n t6 N ~ ~ N O _ "~ C N a N ~ 7 N "~ N N. N ` > y y ~ G G w O d Q~ C N C N O N ~ ~~ d N C~ C a U N L L ~ ~N N«O-ttloEQ L N O> S ~i ctri ~~pEN.pm U~^^ L SU waoEc~~ ~ m~'~ ncL N Np N N O. N ~ - LL U C "NO ~ l4 ~ .. CC U v ~ ~. 3 ~ ~ N ~ ~ ~ ~ O -aC o5w a E^ ^^ ~, o .a ~ N N T N 'O N N ^c1 „ ~~ ~ I~ ` _ " _ N ~jQ ~ ro ~ ~ h - `_ 1 N N O N ~~ cUU "~~ y /~ ~ ^O \` ~ " /'~ ~ O ~ a W ~ C N ~' U p , ~ a ~~~.,~ 0 ~ ~ ~ ° ' ~ a ~ ~~ ~ N D ;~ N 3 i t ~7s U p N `~ ~ _ N U ~~ d O y O ~ O ~6iS z ~ °'a~ a~ • Q E -o ~ U //~r M17 ~ ` ~ ('~'~ ~V ~ .. N N 'l " U _ Q z tt V` ~. ~ ~ ~ ~ 0_ c .G ~ K ~ ~ ~ Q~ Ein NC ~ H~p ~ `v / ~ ~ T Z ~~~ ~ o Q ,~ T N ~ ~ C4 I M O O T N M ' ~ to Z ~ J T T T T T T f- J C a c_ .O a m O Y C d N r d Q U a E O ~>> L' i .n li ti ti M li view a~ge~uno~~d ao~ f • • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ADDRESS: ~ ~'? GENERAL LOCATION: -~~~(~~__ f~;~~~~ ~~Z'~!dG~ ~a DESCRIPTION OF PROPOSED CONDITIONAL USE: ~~ '- y ~~~l~%~ ~~s lllil~L/I/~1'~ ZONING CLASSIFICATION: -~-7 ,/~~L `, ~'~ I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number .~~~~ ~.pZd LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at -, SUBDIVISION, BLOCK ,LOT rvP-~9-o2 for TO FERMOR, L.L.C.. 2700 Airport Way ~ Boise, ID 83705 • (208) 345-7030 • Fax: (208) 345-7210 July 1, 1999 Mr. Steve Siddoway Assistant Planner Planning &,Zoning Department 200 E. Carlton, Suite 201 Meridian, ID 83642 Re: Lot 12, Amended Magic View Subdivision Dear Steve: Pursuant to your instructions, this letter will serve as our Application for a Conditional Use Permit for the above referenced property. We have addressed each item on the Application in order, as follows: 1. Our address and phone number are as shown on the letterhead above. 2,3. Copies of Deeds to the property are enclosed, and the Owner's information is shown on the attached sheet. The Legal Description is also enclosed on the attached sheet. 4. A Notarized Statement from the current Property Owner authorizing this application is enclosed. 5,6. Current land use is agricultural, but there have been no crops on the property for some time. It is vacant, unused land. 7. We propose a commercial land use with two office buildings on the lot. 8. Current zoning is Ada County (R-T), but we have submitted an application to annex the property and re-zone it to (C-G). 9. Thirty copies of a Vicinity Map are enclosed. 10. Thirty-five copies of our Site Plan are enclosed showing our proposed .development. We plan to build a 2-story, 32,000 square foot (maximum size) office building on the site. Our site plan also shows a future second 2-story office building on the other side of the property. It will be approximately the same size and type of construction as the first building, but may differ slightly. The site plan shows utilities, parking, traffic access and circulation, service areas, drainage, and approximate sign locations. We have also submitted elevations of the first office building and signs, and a description of construction materials. 11. We have enclosed a list of the mailing addresses of all property owners within three hundred feet (300'). 1 i Mr. Steve Siddoway July 1, 1999 Page 2 12. The subject property is adjacent to the Jackson's Food Store and across Gentry Way from the new Holiday Inn Express. It is also directly across Eagle Road from the St. Luke's Meridian Medical Center. On June 1, 1999, we applied for (GG) zoning in order to match with the other annexations in the Magic View Subdivision. The application is being processed, but a professional office is a permitted use in (C-G) zoning districts. Pursuant to Meridian's Comprehensive Plan, a Conditional Use Permit is required for all development proposals in the Franklin, Overland/I-84 area. In this case, we are proposing atwo-story, approximately 27,000-32,000 square foot professional office building, and a similar second office building. It will probably be concrete tilt-up construction with top quality finishes, five parking stalls per thousand usable square feet, extensive landscaping, and state of the art building systems. .Our second office building will be similar to the first and will use finishes that will compliment our first building, and it will be built when market conditions warrant it. Given the close proximity to I-84, Highway 55, St. Luke's Meridian Medical Center, and the existing and planned services in the Magic View Subdivision, an office use is one of the highest and best uses for this site. Accordingly, we are requesting a Conditional Use Permit allowing for two office buildings, each with up to 27,000- 32,000 square feet, with freestanding signage as shown. They will closely resemble the elevations provided, but the future building may differ slightly in order to differentiate the buildings. 13. We have enclosed a check in the amount of $295.76 which comprises the application fee of $275.00 plus $20.76 for the mailings. 14. We hereby agree to pay any reasonable additional charges for sewer, water or trash associated with our proposed land use. 15. We hereby certify that we have read the contents of this application and that°the information contained herein is true and correct. This will serve as our Affidavit regarding accuracy. 16. We also certify that the subject property will be posted with our name as the applicant, a description of the conditional use proposed, and the time and date of the hearing. This will serve as our Affidavit regarding posting of the property. Thanks for reviewing and processing the Conditional Use Permit Application. We look forward to working with you. Please call with any questions. Very Truly Yours, ~2 Andrew W. Simonds Vice President of Real Estate & Development ~ ~ Owner of Record: Mr. James A. Post PO Box 1290 Oldsmar, FL 34677-0023 (727) 421-0289 Legal Description of Property: Lot 12, Amended Magic View Subdivision A portion of Lot 12 of Amended Magic View Subdivision, as same is recorded in' Book 52 of Plats at Page 4445, Records of Ada County, Idaho, located in the NE1/4 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the '/4 corner common to Section 16 and the said Section 17, from which- the Northeast corner of said Section 17 bears North 00°25'03" West, 2652.97 feet; thence North 00°25'03" West, 129.14 feet; thence South 89°34'57" West, 101.80 feet to an angle point on the westerly right-of--way as S. Eagle Road, said point being the Real Point of Beginning. Thence along the northerly right-of--way of E. Gentry Way South 89°37'06" West, 562.62 feet; thence 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angel of 90°00'00" and along chord bearing North 45°22'58" West., 28.28 feet to a point on the easterly right-of--way of S. Allen Street; thence along said right-of--way North 00°22'58" West, 264.06 feet; thence along the North boundary of said Lot 12 North 89°36'24" East, 581.09 feet to a point on the westerly right-of--way of S. Eagle Road; thence along said right-of--way South 00°41'24" East, 284.18 feet to the Point of Beginning. Containing 3.79 acres, more or less. • • ~ r~ .~ I --- ----- ----- I ~ ~' -~- ~ _, ~~ ~ ~ x i j i I I ~ ~ , ^M7 ~ i I 7 ; ~ R i i i i ~ i ~ ~. ~ i i~ ~ ~ .,I - I L__J ! 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( t{.!:k I 1Yi 7 M~..11~ Yk Y't~` r~ -~ w~ `,ind thaE ~haY, w~q vv~l'1'a~lk end doleltd the,S{leetpe ram i 1 t'• tp"~°c mJ ~" ~~yL "d".a et0d2 t'', I ~, h.~,~ gy11 ~r~4y~~ 'fa}~r'rt2 f~~ r rk~•+q r ~6 t' t'ap ~ a SY ,IL tf IG f `,, ~~' a4.., {Pik eZ"f'y~.~,~{.~~~,'~ flYr. ~ r ~' ~ P I, I Yrx ~., + ~,r J ~ r ,.` \ ,t~,\`yfr~~ylt ~(f~ ~{ ~# 1 r .~..e ':,,r-.~r r,.~.~,'. t.t, r. i~;R"7YlrllPd:f:Y'tA? i`4'7~.. r!,C~ hN `'~.e PATE Op lUAHO, COUNTY QF ~ i' ,, `' t+ rl~~ B'L~QMFI~YI gTAAAO'~,In-~1 on fhb P ~ 29tht ,4.r ol'gati: K`~r +~1e~73{ 1i~6>E3•~! . 'th"i~tht~!7n~~ ` ,,:, /pn.mb w n0ary publio Ih end for ~~Id ~tft• y~rra}f~I1Xf~ } ~ '' Mt`~o!' x ~` ' ~w^-i4 ,.< Fra'nk Lf F'iveo981~~ t 1~e~d ~+#„fir! t~ ~~~~~`=~G?~~~inp ,'i~ p+i.' ,~ ]a`vid,L~ Putnprn,~ P~~si'dagt,arld ~n~. ~~tht~~' ~r~. L.,.~~ .~~• .r iao~etary o~ ..Z. ~lanChA':itea~,tp ~r:~,~ ~°~ r~~t~'' ~ , ° ,,~5 KflR~ ~ y y ~ 'S tt,~Yyefil~t ~M7.~~ ; r`~tt~~y~{fY~~ ,~~p~~~r"R~pM~~~ ~, own tq tiii'tq brr the pprNcri;~~~; ti rWha~~ riulm~ ~J~~'~?• ,~ ;!t ~ ~" ' rar(4sd so th0 withla IdrtNm+bt, ind'•~koq+rledse~ lob>• C • NC th4t f" ,1 `1;h9~ + ~., ~t~+'~a•~e~,r~t tba eemo'~~ 4+r, ,~ r`i~+= ~K.~ 1 r i i~ - ~ ~r"c Rjia4.",^ , +r-+~,el~y, ~n! ~~t~ ~ A} x ,o <c t4l ~ , ~. ~ ~'8~~ '>,~ alt t! ~` 8~1~'• ~ ii; f ~~:~ i,~} t' ~ r ~ 41 ~ k,~)~a„~,:~r '~ { CNOt+NY•,PYaI(q ' ~ ' . '' ~P. f: ~df ll rt i.tiki` ` ti ri, •~ ~~~JF„ht' 'rs n,r;;~ ~ r~, f'~h' f t1 ' '~~[~i~ y`~ j mm. E~Irli`{~~.,p r,y~v +~ C i~ft"~~`"rY`` "~+!! ~~,~ 1iMlI~Wi ~ ~ CONSENT TO REQUEST FOR ZONING AIVIINDMI+/NT AND FOR CONDITIONAL USTiJ PIirRMIT I am the owner of that certain real property described as Lot 12 of the Amended Magic View Subdivision, Ada County, Idaho. I have entered into an agreement to sell such property to Fermor, LLC, an Idaho limited liability company. I have and do hereby consent to and request a Zoning Amendment and a Conditional Use Application approval as filed by Permor for such property. DATED This Z ~ day of May, 1999. ~'1._.:aY~ti U~. STATE OF IH~O ) )ss. ' County of ~J 1J ~L.~.-~ ) On this'~~lay of May; 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Post, known or identified to me to be the person whose name is subscribed to the within- instn~ment, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the clay and year in this certificate first above written: . ~-~. ~~~~ NOTARY P LIC for Residing a LAC ~ ~~ My commission expires: NOTARY PUBLRIC, STIATEEOF FLORIDA MY COMM. EXPIRES DECEMBER 12, 1999 COMM. NO. CC517438 o $ , o ~ ~ ~ -, A ~ .. , ,. 3 ~, _ rn ~ ., , F,{ Q , L7 ' ~ .. 2. , m a ' i, , D C ;.. ~: ~ a ,. , ~ ~,mo ~, ~. ...O, ~ ,>~ ~.~~ ~ ~ , ~. -. :-m m m ~_v o. x ~. ;. o ~m~n. ~ ~ o z m ~ ~.m a ~ ,. ~ 0 ~ ~ ., ~ . .'Qr~.~_ O ;A.. ~ ar~w m. .., SSS a.. v py r ~~ ~ N O . `. N J ./ '~ ' ~ / - :,% z,. . . ~ , n ;~. ,, -~ m ~ : . . . z~ ~~ / ° +. ~ ~ i1S/EO N i N /aDD . / ' . /. ,V ., D ~.Z / /. 'U ~' ..2'-I T.. ~ m ~ ~ ~ J. / ~ O / +~s. ~ .,. r,~ % .; J tt ./ ~ / I _; / ~ I ~~Y CITY OF MERIDIAN ~ ~a "Hub of Treasure Valle " 33 E. Idaho v ~~' ~~ Meridian, Idaho 83642 ~~(~ C 888-4433 VUJIVIIIGI J - I _~~ Order No. Date Name Address Phone: SOLD BY ., CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. • , , PAID OUT C- ~~ ~' ~ Z~5' 7 I I I I i i I I I I I I I All claim s a n d ret rned"goods'-MUST,be accompaniedbythis e.u• p n r ~ p O O O TAX I J G O O Byceived ~ TOTAL Z~ ~~~ GS-ZOZ-Z ~ ~ ppINTEO WITH PRINTED IN U.S.A. ~'SOYINK,. ~`~~~~ ~,(/ s6n : `mot . , ...._... _q,: t• ,, June 2, 2000 Ordinance MERIDIAN CITY COUNCIL MEETING ° June 6, 2000 APPLICANT ' ITEM NO. REQUEST Amended Ordinance No. 846 AGENCY - COMMENTS CITY CLERK: See coached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~ ~~~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~,J~ ,0 J ~ (~' CENTRAL DISTRICT HEALTH: ~ ~ /~ NAMPA MERIDIAN IRRIGATION: C~"' 4 4~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. _ -. e ,,: _ .. i ~ 'h `` ,~ ~ - ' ,,~ s ~ ~~ yintero~f~fce F~ a i ~ ~ 9 MEMO.RAND_U,_M ~~'_ ~ p To: - ; William G'. Berg, Jr. ~ ' - ~. JU N -~ 1 2000 E ^` > . ~~ `r {$ .` From: Wm. F.~Nicliols ~ ~ -CITY OF N~ER.IDIAN Subject: Amended Ordinance No. 846`(Eagle Road Professional Center) Date: ` ` , May 30, 2000 Will: w t. y. ~~Please °find_attached `the Amendedr Ordinance No.= 846, pertaining to the Eagle Road Professional Center annexation and zoning. The reason this:ordinance' needs to be .amended is onpage 2. The letter S has` been struck through and the letter N underlinedFtoincorporate N. as the correct direction. ~, Please place this matter upon;the Regular Agenda-for this Tuesdayws ~~Cfty Council meeting of June 62000. ~ ~ ~ . . ~. ,~ - . ~. ~ e n ~> , ., ~ '~ , y ` . ~ r d ~.. ~ ~~ . ~ ~ ,y 6 ` r r ~ .. i ., .. w <~ ._ $. , a, € Y ~ i r v ~ ... ... $ _ 4 e < _ ~~ ~ s 9 ,~ '° r 'i. i .. ,~ a ~ z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\Berg052900.Mem ~. 4 , a #~ ~ q . t ~r wl^ Z i ' b ~~; ~ ~' ~ `V BEFORE THE MERIDLAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ANDREW SIMONDS, FERMOR, LLC, FOR A CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS LOCATED ON THE CORNER OF GENTRY WAY AND ALLEN STREET, MERIDIAN, IDAHO Case No. CUP-99-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on September 21, .1999, and Shari Stiles, Planning and Zoning Administrator, Steve Siddoway, Assistant Planner, Gary Smith, City Engineer, and the Applicant, Randy Simmons, appeared and testified in favor of the application and no one appearing in opposition,. and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND,ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 1 September 21, 1.999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three Hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings 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 said September 21, 1999, public hearing; 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 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff'report. 3. Council takes judicial- notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 2 ' Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. The property is located on the corner of Gentry Way and Allen Street, Meridian, Idaho. .4. The property is located on the corner of Gentry Way and Allen Street, Meridian, Idaho. 5. The owner of record of the subject property is James A. Post of P.O. Box 1290, Oldsmar, Florida. ` 6. a Applicant is Andrew Simonds, Fermor LLC., of 2700 Airport Way, Boise. 7. The subject property is currently zoned Ada County Rural Transitional. There is `a pending application for annexation and zoning to General Retail and Service Commercial (C-G). The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(B)(11). 8. That the Applicant, Andrew Simonds, Fermor, LLC, and James A. Post, owner of the.property, are granted a conditional use permit for the construction ' and development of two 2-story office and professional buildings, located on the corner of Gentry Way and Allen Street, Meridian, Idaho, as described in the Site Master Plan P V FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL U5E PERMIT SUBJECT TO CONDITIONS ' ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE'BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 3 dated 7-1-99, Sheet No. SP-1, PROJECT NAME: EAGLE ROAD PROFESSIONAL CENTER, GENTRY WAY AND ALLEN STREET, FERMOR L.L.C., MERIDIAN, IDAHO, CARSON ARCHITECTS, for the development of the"aforementioned projects and which property is described hereinbelow to-wit: Lot 12, Amended Magic View Subdivision A portion of Lot 12 of Amended Magic View Subdivision, as same is recorded in Boolc 52 of Plats at Page 4445, Records of Ada County, Idaho, located in the NEl/4 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the 114 corner common to Section .16 and the said Section 17, from which the Northeast corner of said Section 17 bears North 00°25'03" West, 2652.97 feet; thence North 00°25'03" West, 129.14 feet; thence South 89°34'57" West, 101.80 feet to an angle point on the westerly right-of-way as S. Eagle Road, said point being the Real Point of Beginning. Thence along the northerly right-of-way of E. Gentry Way South 89°37'Ob" West, 562.62 feet; thence 31.42bfeet along the arc of a curve to the right, having a radius of 20.00 feet, a central angel of 90°00'00" and a long chord bearing North 45°22'58" West, 28.2$ feet to a point on the easterly right-of--way of S. Allen Street; thence along said right-of-way North 00°22'58" West,. 264.06 feet; thence along the North boundary of said Lot 12 North 89°36'24" East, 581.09 feet to a point on the westerly right-of-way of S. Eagle Road; thence along said right-of-way South 00°41'24" East, 284.18 feet to the Point of Beginning. Containing 3.79 acres, more or less. 9. The proposed application requests a 'conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 4 d construction`and development of two 2-story office and professional buildings. The General Retail and Service Commercial (C-G) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained because more than one building is proposed on one lot. In addition a conditional use permit is required as the property is in a Mixed/I'lanned Use Development Area under the Meridian Comprehensive Plan. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. Giving due consideration to the comments 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 5 • ~ • 11.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum dated September 20, 1999, be required as follows: Adopt the recommendations of the Assistant City Engineer and Planning and Zoning Administrator as follows: 11.1 Off-str"eet parking shall be provided in accordance with Section 11; 2-414 of the City of Meridian Zoning and Development Ordinance and/or a"s detailed in site-specific requirements. 11.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 `of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 11.3 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. All site drainage shall be contained and disposed of on-site. 11.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 11.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage"or flashing signs will be permitted. 11". b Determine the normal high groundwater elevation, and submit a ' profile of the subsurface soil conditions as ,prepared by a soil scientist with the design of site drainage plan. .. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 6 • 11.7 Provide five-foot-wide sidewalks in accordance with,.City Ordinance Section~~ll-9-606.B. 11.8 All,construction shall conform to the requirements of the Americans with Disabilities Act. 11.9 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11.10 The conditional use permit shall be subject to review upon ten days- notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be.made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the. approved conditional use permit. 11.11 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 11.12 Applicant shall be required to enter,into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for.installingthe.. water and sewer mains to their current points. 11.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. The landscape plan dated 711199 appears to meet this requirement. 11.14 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or;impact adjacent residential properties or the traveling public, as determined by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECTTO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 7 • • Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 11.15 A minimum 35-foot-wide landscape setback beyond required right- of-way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30~feet. Revise~plan to comply. 11.16 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 11.17 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 11.18 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Provide a letter of approval~from Sanitary Service Company prior to applying for building permits. 11.19 Provide a letter of approval from Ada County Highway District prior to applying for building permits: `Letter of approval shall include recorded warranty deed for any necessary roadway dedications. 11.20 The applicant will be responsible for payment of latecomer fees to 4 reimburse the parties responsible for extending sewer and water to sthis site. 11.21 Revise site plan to show minimum five-foot-wide sidewalks along street rights-of--way and within the development. 11.22 Parking stalls are to be a minimum of 9'x19.' with 25-foot-wide `driveway aisles: Revise site plan to comply. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 8 11.23 The total area of all'common open space shall equal' or exceed ten percent (10%) of the gross; land area of the PD. Provide calculations on revised site plan to verify compliance. 11.24 Per Uniform, Plumbing- Code requirements, each building shall be . served by independent sewer and water services. Adopt the Meridian Fire Department's Recommendations as follows: 11.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Adopt the Central District Health Department's Recommendations as follows: *11.26 Stormwater is recommended to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Planning and .Zoning Commission further recommends: 11.27 Applicant shall resolve hook=up to City water and sewer issues prior to the issuance of a building permit. 12. Applicant was concerned with the recommendations of the Planning and Zoning Commission pertaining to 1.19 and 1.27, and»requests a change of condition from the building permit to certificate of occupancy. The City standard policy is to require such conditions at issuance of building permits due to the need to assure>access acid the ability to provide emergency services.. 13. The proposed~uses within the subject application will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE. ROAD PROFESSIONAL CENTER) - 9 harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 14. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 11 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will ,not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be i hazardous or disturbing to existing or future neighboring uses. y 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. \ 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The uses proposed within the subject application will not involve uses,,activities, 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 ordors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS,.FERMOR, LLC / TW0 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 10 • 19. The development will' not result in the destruction, loss or damage ,~ of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part-of a zoning ordinance the City Council may provide for the processing of applications for-special or conditional use permits; and (B) That a special use permit maybe granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) ,~ Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND~DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 11 ~r - , u or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-41$ Municipal Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of 4 Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER k 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: l . That the Applicant, Andrew. Simonds, Fermor, LLC, and James A. Post, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING.CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, -LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD. PROFESSIONAL CENTER) - 12 • • owner of the property, are granted a conditional use permit for the construction and development of two 2-story office-and professional buildings, located on the corner of Gentry Way and Allen Street, Meridian, Idaho, as described in the Site Master Plan dated 7-1-99, Sheet No. SP-l, PROJECT NAME: EAGLE ROAD PROFESSIONAL CENTER, GENTRY WAY AND ALLEN STREET, FERMOR L.L.C., MERIDIAN, IDAHO, CARSON ARCHITECTS, as conditionally approved by order of the City Council on the ~~ day of ~~~ ~'`-- , 1999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 12, Amended Magic View Subdivision A portion- of.Lot 12 of Amended Magic View Subdivision, as same is recorded in Bo~olc 52 of Plats at Page 4445, Records of Ada County, Idaho, located in the NE1/4 of Section 17, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Section 16 and the said Section 17, from which the Northeast corner of said Section 17 bears North 00°25'03" West, 2652.97 feet; thence North 00°25'03" West, 129.14 feet; thence South, 89°34'57" West, 101.80 feet to an angle point on the westerly right-of-way as S. Eagle Road, said point being the Real Point of Beginning. Thence along the northerly right-of--way of E. Gentry Way South 89°37'06" West, 562.62 feet; thence 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angel of 90°00'00" and a long chord bearing North 45°22'58" West, 28.28 feet to a point on the easterly right-of--way of S. Allen Street; thence along said right-of;way North 00°22'58" West, 264.06 feet; thence along the North boundary of said Lot 12 North 89°36'24" East, 581.09 feet to a point on the westerly right-of-way of S. Eagle Road; thence along said right-of-way South 00°41'24" East, 284.18 feet to the Point of Beginning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 13 Containing 3.79 acres, more or less. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and .striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and ..Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 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. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 2.5 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 2.6 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.7 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF -LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 14 2.8 All construction shall ~ conform to the requirements of the Americans with Disabilities Act. 2.9 Coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 2.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2.11 `° Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.12 Applicant shall be required to enter into an Assessment. Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. The. landscape plan dated 7/1/99 appears to meet this requirement. 2.14 `Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 2.15 A minimum 35-foot-wide landscape setback beyond required~Yright-of-way on Eagle Road and 1-84 is a condition of annexation. Although the~site plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLG/TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 15 • . shows 35 feet is being provided, the area only scales at 30 feet. Revise plan to comply. 2.16 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 2.17 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2=418. 2.18 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 2.19 Provide a letter of approval. from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed for any necessary roadway dedications. 2.20 The applicant will be responsible forpayment of latecomer fees to reimburse the parties responsible for extending sewer and water to this site. 2.21 Revise site plan to show minimum five-foot-wide sidewalks along street rights-of--way and within the development. 2.22 Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site plan to comply. 2.23. The total area of all. common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 2.24 Per,Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 16 • ~, 2.26 Stormwater is recommended to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.27 Applicant shall resolve hook-up to City water: and sewer issues prior to the issuance`of a building permit. 2.28 Applicant was concerned with the recommendations of the Planning and Zoning Commission pertaining to 1.19 and 1.27, and requests a change of condition from the building permit to certificate of occupancy. The City standard policy is to require such conditions at issuance of building permits due to the need to assure access and the ability to provide emergency services. 3. 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, Public Works, Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND~DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 17 • NOTICE OF FINAL ACTION Please take notice that this is-a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit 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 ~~'~~~ , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD COUNCILMAN ROUNTREE VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND-ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - I8 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: ~o '_".S ~~ MOTION: APPROVED: - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By• ity Clerlc Dated: l ~ ~~~ msgfZ:\Worlc\M\Meridian 153bOM\Eagle Rd Professional Ctr\CLIPFfCIsOrdDec e 1 ~~ ;~ '_ ~~~L 9 ~ ,~ r ~~ ~ ~ '~~i 9Q T 18T ~ ~ ~'w,,. 'r-tJlUti11 t1tiN~~,` FINDINGS OF FACT AND CONCLUSIONS OF,LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. SUBJECT TO CONDITIONS ANDREW SIMONDS, FERMOR, LLC /TWO 2-STORY OFFICE BLDGS. (EAGLE ROAD PROFESSIONAL CENTER) - 19 i • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER,OF THE APPLICATION OF ) ANDREW SIMONDS, FERMOR, LLC, FORA ) CONDITIONAL USE PERMIT FOR TWO ) 2-STORY OFFICE BUILDINGS LOCATED ON ) THE CORNER OF GENTRY WAY AND ALLEN) STREET, MERIDIAN, IDAHO ) CUP-99-026 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the day of D~h~ef' 1999, 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, Andrew Simonds, Fermor, LLC, and James A. Post, owner of the property, are granted a conditional use permit for the construction and development of two 2-story office and professional buildings, located on the corner of Gentry Way and Allen Street, Meridian, Idaho, as described in the Site Master Plan dated 7-1-99, Sheet'No. SP-1, PROJECT NAME: EAGLE ROAD PROFESSIONAL CENTER, GENTRY WAY AND ALLEN STREET, FERMOR L.L.C., MERIDIAN, IDAHO; CARSON ARCHITECTS, as conditionally approved by order of the City Council on the 5~-" day of d~f~ b ~~ , 1999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: Lot 12, Amended Magic View Subdivision A portion of Lot 12 of Amended Magic View Subdivision, as same is recorded in Book 52 of-Plats at Page 4445, Records of Ada County, Idaho, located in the NE1/4 of Section 17, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC TWO 2-STORY OFFICE BLDS. (EAGLE ROAD. PROFESSIONAL CENTER) • . Commencing at the 1 /4 corner common to Section 16 and the said Section 17, from which the Northeast corner of said Section 17 bears North 00°25'03" West, 2652.97 feet; thence North 00°25'03" West, 129.14 feet; thence South 89°34'57" West, 11.80 feet to an angle point on the westerly right-of-way as S. Eagle Road, said point being the Real Point of Beginning. Thence along the northerly right-of-way of E. Gentry Way South 89°37'06"West, 562.62 feet; thence 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angel of 90°00'00" and a long chord bearing North 45°22'58" West, 28.28 feet to a point on the easterly right-of-way of S. Allen Street; thence along said right-of-way North 00°22'58" West, 264.06 feet; thence along the North boundary of said Lot'12 North 89°36'24" East, 581.09 feet to a point on the westerly right-of-way of S. Eagle Road; thence along said right-of-way South 00°41'24" East, 284.18 feet to the Point of Beginning. Containing 3.79 acres, more or less. 2. .That the above named applicant is granted a conditional use permit to use the property for the construction and development of two 2-story office and professional buildings, located on the corner of Gentry Way and Allen Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the -City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 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. All site drainage shall be contained and disposed of. 2.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3. . ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC / TWO 2-STORY OFFICE BLDS. (EAGLE ROAD- PROFESSIONAL CENTER) • 2.5 All signage shall be in accordance with the standards set forth in Section 11-2- 415. of the City of Meridian Zoning and Development Ordinance and as , ' specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 2.6 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.7 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Coordinate fire hydrant placemeht with the City of Meridian Public Works Department. 2.10 The conditional use permit `shall be subject to review upon ten days notice to the Applicant.-The conditional use.permit should become null and void if work does not commence. within one year of approval and construction is not complete within two years-from date of approval.~The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2.11 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.13 A minimum of one three-inch caliper tree is required for every.1,500 square feet of pavement. The landscape plan dated 7/1/99 appears to meet this requirement. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC / TWO 2-STORY OFFICE BLDS. (EAGLE ROAD PROFESSIONAL CENTER) • 2.14 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public,. as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 2.15 A minimum 35-foot-wide landscape setback beyond required right-of--way on. Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. Revise ~~ plan to comply. 2.16 No signage other than that included in the application is considered as part of this application. All signage is subject to design review: 2.17 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 2.18 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 2.19 Provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed for any necessary roadway dedications. 2.20 The applicant will be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to this site. 2.21 Revise site plan to show minimum five-foot-wide sidewalks along street rights-of-way and within the. development. 2.22 Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site, plan to comply. 2.23 The total area of all common open space shall equal or exceed ten percent (10°l0) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC / TWO 2-STORY OFFICE BLDS. (EAGLE ROAD PROFESSIONAL CENTER) 4 • i 2.24 Per Uniform Plumbing Code requii-emenfs, each building shall b'e served by independent sewer and water services. 2.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2:26 Stormwater is recommended to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.27 Applicaht shall resolve hook-up to City water and sewer issues prior to the issuance of a building permit. 2.28 Applicant was concerned with the recommendations of the Planning and Zoning Commission pertaining to 1.19 and 1.27, and requests a change of condition from the building permit to certificate of occupancy. The City standard policy is to require such conditions at issuance of building permits due to the need to assure access and the ability to provide emergency services. 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. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Eagle Road Professional Center. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~~~ day of ©~ 6.~~ , 1999. .~~ ` rt D. Corrie, Mayor City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC / TWO 2-STORY OFFICE BLDS. (EAGLE ROAD PROFESSIONAL CENTER) Copy served upon Applicant, the Planning°and Zoning Department, Public Works Department and City Attorney. By: Dated: ' Clerk `R`1`,~1~lillfil/1l~ff~',/ ~~~ ~„E pF M~~~~ .,, msg/Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\CUPOrder ,``•~Cf~~ ~'~O ~~~~ifr' ~~t.L .. 9~ 1g~~ ~f C',:3 t g r t`~ f~jr11~&t E'ilt7i~1~ ORDER OF CONDITIONAL' APPROVAL OF CONDITIONAL USE PERMIT ANDREW SIMONDS, FERMOR, LLC ! TWO 2-STORY OFFICE BLDS. (EAGLE ROAD PROFESSIONAL CENTER) _ ~_ • Meridian City Council Meeting October 5, 1999 Page 8 to the Council,. and that said land be annexed at City of Meridian and zoning designated general, retail and service commercial district, C-G. In declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file certified copy of the ordinance and a map of the area to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. We've heard the reading of the Ordinance No. 846 by title only. Is there anyone from the public that would like to have Ordinance No.~846 in its entirety? Okay. Hearing none, Council, I'd entertain a motion on Ordinance No. 846. Bird: Mr. Mayor. Corrie: Mr. Bird. ' Bird: I move that we pass Ordinance Na. 846 the annexation and zoning of approximately 3.77 acres for C-G zoning of land for proposed Eagle Road Professional Center by Fermor, LLC north of I-84 and west of Eagle Road, east of Allen Street with a suspension of rules. Bentley: Second. Corrie: Okay. Motion made and seconded to approve Ordinance No. 846 with suspension of rules. Any further discussion? Okay. Roll-call vote. Mr. Anderson Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird Bird: Aye. Corrie: Three ayes, one abstained. Motion is carried for Ordinance No. 846. MOTION CARRIED: ALL AYES ,~-7. '""FINDINGS OF FACT AND CONCLUSIONS~OF LAW: ,REQUEST FOR ~`°~`~"'CONDII"IONAL USE PERMIT FOR T1N0 2-STORY-OFFICE•BUILDINGS` ,.~ ~J • Meridian City Council Meeting October 5, 1999 Page 9 (EAGLE`ROAD~PROFESSIONAL-CENTER)•BY:ANDREW SIMONDS-FERMOR,-~. yLL`C-GENTRY WAY AND ALLEN STREET: -~ .~., ? Corrie: Item No. 7 is a Findings of Facts arid Conclusions of Law: Request for conditional use permit for atwo-story office building, Eagle Road Professional Center by Andrew Simonds-Fermor, LLC, Gentry Way and Allen Street. .Staff, any comments on this? Stiles: I have none, sir. Smith: Mr. Mayor. Corrie: Mr. Smith. Smith: I guess we still have a -kind of unanswered question concerning the water and sewer service to this site, and I'm not sure where that's going to end up. I've had a conversation with Mr. Simonds and had a conversation with Hubble Engineering.forthe property 'to the west of this site. We're going to be faced with the same situation with the Sonntag proposal, and right now, the water and the sewer~line that has been installed in Allen Street that connects to the existing city's water and sewer line in Magic View is under a -alien has been filed against`the property owner that contracted for that installation, and I don't know where that puts this sewer and water line from a legal standpoint as far as use is concerned. We have not, Public Works Department nas not performed an inspection even to the point of pressure testing and bacteriological testing on the water or pressure testing on the sewer as far as I understand. At this point it's not resolved. I've talked to Mr. Simonds, in fact, yesterday and I think that he is of the opinion that he wants to work something out so that sewer and water line can be finished and can. be -and their service could be connected to it, but at this point, that's not =hasn't been resolved. And so it's still something that still needs to be done, and f don't know the situation with the .lien that has been filed against the Holiday Inn Express site by th'e excavating contractor that installed the sewer and water line. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird:. Gary, how far is that sewer and water line on Allen Street there? Does it come all the way down to the Holiday Inn site? Smith: Yes. Correct. Bird: And then is that sewer line going to go on down around? Smith: No. • Meridian City Council Meeting October 5, 1999 Page 10 Bird: It's going to stub in right there? • Smith: It pretty much ends at Gentry Way, I believe it is, that little street - Bird: That street right there? Smith: Yes, correct. Bird: Okay. And is that the sewer line that is also going to - Hubble's going to come in with theirs? Smith: Hubble will have to connect#o the same sewer line, yes, sir. Bird: Okay. What about the Chevron and stuff? Is`that the same sewer fine they will be connecting to.or have connected to? Smith: Chevron is connecting to the sewer line in Magic View. That sewer line in° Magic View flows to the west from Eagle Road and then it gets-down to, I don't knovv the name of the street, yeah, it goes south. I guess that's.Wells. _ , Bird: Wells,. yeah. Smith: And then to that middle cul-de-sac it turns and goes west into the Five-Mile drainage. So the Chevron, McDonalds is connected to the sewer`in Magic View. The Jackson's Texaco is connected to that same sewer line and water` line also in that section of Magic View. Hubble building and their proposed subdivision plat will connect to the sewer on Allen Street, and this project for Fermor will connect to that same sewer as well as Sonntag. Now, there's some,question right now as`to whether Sonntag will be able to connect via gravity or if they'will have to put in a small lift on their property. I don't think that's been -that question has been answered yet, finally. Bird: So actually; the east and west of Allen both flows naturally into Allen Street'vvith the sewer, I take it. Smith: Well - Bird: Rubble's flows this way and - Smith: -- down as `far as Gentry Way flows into Allen Street. South of Gentry won't. Bird: Okay. Smith: South of Gentry is going to have to flow west on that frontage road. ~. • • Meridian City Council Meeting October 5, 1999 Page 11 Bird: And I take it the lien is on for starting off of Magic View all the way down to the - Smith: Yes. Bird:. -- to where it ends right there? Smith: Yes. It covers the construction that's been performed by, I believe it was K & L Excavation for the Holiday Inn Express, project. They connected to this sewer at the intersection of Allen and Magic View and extended that south on Allen Street to the Holiday Inn site. They connected to water on Magic View at the Jackson Food - or the Jackson Texaco site, extended that west on Magic View to Allen and then south on Allen to the motel site. Both of those lines have been installed. I believe the trenches have all -it's all back-filled, it's substantially complete, I would say. There are some things that need to be done; some details that need to be finished in order tc finalize it. But of major significance is the pressure testing. of the water line and the bacteriological testing. And, obviously, the activation of fire hydrant in that area for fire protection, which the Fire Marshall will require and historically has required on all of these projects. whether the building, and Mr. Simonds made the point at the last meeting that the building would be constructed out of'concrete and block, and we've been - I understand that argument and we've been down that road with the Fire Marshal before, and still had to have a fire hydrant. So - Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. I don't know if it's more appropriate for Gary or for Eric, but under one of the conditions,.2.27, it talks about the applicant shall resolve hook-up to water and sewer issues prior to issue of a building permit. Would that condition alone then, would that suffice to cover us to go ahead and grant this, or are we sticking our neck out if we grant this for possible litigation in the future? Corrie: Mr. Smith'. Smith: Mr. Mayor, Councilman Anderson, Council, I have a~signed agreement with Hubble Engineering to the effect that we will accept their plans for review, but a building permit would not be issued until such time as the sewer and water system situation is resolved, and that we can accept those system"s for the connection of their service, and they understood that, and they signed off on it agreeing to that stipulation, but at mast we took their building plans and started the review process. We're all hoping, and I think that a combination of the property owners out there that are interested in building will resolve this thing. In answer to your question, I think that probably that would cover our requirements. • Meridian City Council Meeting October 5, 1999 Page 12 Corrie: Thank you. Any comments from Eric on that? Stiles: I - Bird: Mr. Mayor, I'll defer to Eric. I've got one question first, maybe he can answer it too. Corrie: Eric. Bird: Along those lines, Gary, isn't that water and sewer line public city? Smith: No, sir. Bird: It is not? Smith: Well, what they connected to is public, but what's been installed is not. That belongs - Bird: That is a private - f Smith: No. That well - Bird: No. Smith: -- at this point it belongs to I don't know who, the contractor, I guess, because he hasn't been paid for it. Bird: That's why I'm asking before I .let Eric on here so he can answer my question too. Smith:. Right now, as far as the- City of Meridian is concerned, no, we don't have any interest in that sewer and water line. It has been inspected as it's been installed, but we have not accepted that line, either one of them. Bird: What's the lien against? The property, and that's a public. road, isn't it? "' Smith: As I read the lien, and Hubble Engineering project engineer furnished me with a copy of that, the Tien has been filed by K & L Excavation against the property that is owned by Holiday Inn Express, a Mr. Petell (sic), I believe his name is. Bird: How does that - Smith: I don't know - Meridian City Council Meeting October 5, 1999 Page 13 Bird:. -- How does that refer - I'm asking this so,Eric can answer for me. How does that reflect on the water and sewer line that is in the middle of the road? Smith: Well, that was the question that I had after I read the lien. I don't - Bird: Okay. Now I'll turn it over, Mayor. Corrie: Eric. Rossman: ,Thank you, Mr. Mayor. This is the first exposure I've had to this. I'm not 100 percent sure on what has happened to this point, but as far as this water line's concerned, sewer and water line, Mr. Smith is - I would assume, I haven't seen the lien yet, but I would assume the lien is against the Holiday Inn Express property pursuant to the work they performed on the. sewer which benefits that property. Smith: Correct.. Rossman: And so the lien is filed against the property that's owned by them. As far as the line, I haven't seen the agreement that Gary referred to with Hubble Engineering either, and I certainly want to review that before I make any conclusion as to whether how protected the City is at this point. Generally, my preference is before Findings of Facts and Conclusions of Law are adopted and this is finalized, I like to have those loose ends tied and completed before that's done, but assuming there is an agreement in-place with Hubble Engineering that the. building permit wilt not be issued subject to those issued being resolved. I would assume that they're - (.can't envision any legal entanglement or any litigation to be resolved from that, but like I said, there is still some discretion. there, and there still is somewhat of a loose end that should be - we need to be confident that it's going to be wrapped up. I would like to see the agreement that Gary referred to. Corrie: I think whenever 1 hear an attorney say "I assume something," we better table it. Any other comments from Council? Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: Eric, I've got one question. The Findings of Facts and Conclusions of Law on the conditional use, we're. not sticking our necks out by passing that, are we? Rossman: Well - Bird: I mean, we don't have to - • y. Meridian City Council Meeting October 5, 1999 Page 14 Rossman: The real - Bird: -- issue. a building permit. Rossman: That's right. The real leverage is the building permit, but you can't arbitrarily refuse a building permit. That's somewhat dictated by the terms of the Findings of Facts and Conclusions of Law. If you've adopted that, you have to issue a building permit in accordance with what you've agreed to at that point. Corrie: Mr. Smith. Smith: Mr. Mayor, Council members, our concern in the Public Works and Building Department was that we didn't feel it appropriate to accept the plans and issue a building permit without sewer and water service being in place. Absolutely not. And I did and Mr. Gigray did meet with Hubble and myself, a representative from Hubble and myself and K & L Excavation, and we talked about this little agreement that I eventually drafted up, it was just a little letter agreement that the Hubble folks signed agreeing to only requesting submittal of plans for review and not requesting a building permit until such time as the sewer and water line is activated. Something to that effect; I'm paraphrasing some of this. I know that Eric isn't privileged to this information, so it's difficult for him to respond, but I did sit down with Bill Gigray and Hubble folks and the contractor, and we discussed this thing and resolved it down to that point that we could accept the plans if Hubble would agree that they weren't going to request a building. permit until such time as those services were there. And I think that probably Mr. Simonds would be agreeable to that'same concept, but I know that he's under a time crunch and wants to move forward, too, just like Hubble was or is. And from that same standpoint, I feel confident that they, Fermor, Hubble and Sonntag, are going to marshal their forces and move forward to resolve this thing because there's a lot of money invested there in those three projects or will be invested, and they're not going to sit on them, I'm sure of that. Bird: Mr."Mayor. Corrie: Mr. Bird. Bird: Gary, isthere slate-comers fee on that - Smith: Yes. Bird: -- sewer and water? Who is the recipient of that late-comers fee? Smith: The City offMeridian is the recipient of the sewer~late-comers fee, and I believe that we're also the recipient of the water line that was extended up to St. Luke's. That Meridian City Council Meeting October 5, 1999 Page 15 question was asked just recently, and I haven't totally resolved that, but there are sewer and water late-comer,fees on all: the properties that connect out there. Bird: And another thing, we've been talking about Hubble, but that's a different project than what we're looking at right on this exact - Smith: Yes. Bird: -- one here. This is Fermor. Smith: Yes. Hubble's just right across-the street.- Bird: Across the street, yes. Smith: Correct. Bird: But what we're passing on right now is - Smith: Yes. I was just trying.. to give you some background on what's going on - Bird: Yes. Smith: =- down. he road before you - Bird: I appreciate it. i Smith: -- get Hubble off the ground with their building process. Bird: I can't understand how this lien has any affect on that water and sewer line in a private road. Now, I realize that it affects the property that it was brought to and it was paid for by that, but why you can't hook up to it, they can't, certainly, the lien can't be on that sewer line or that water line. It's on the property itself. Smith: Right, but - Bird: But they can't put a lien on the public road that it's running down Smith: The lien has been filed in an amount of money that it costs to install and to .furnish the pipe and to install the pipe, and there are actually two liens that have been filed. One has been filed by Consolidated Supply that supplied the pipe and fittings - Bird: Uh-huh. That's a material lien. ~' Meridian City Council Meeting. October 5, 1999 Page 16 ,., Smith: That's a material lien installation"of the lines. Bird: But, Gary - The other lien has been filed by K & L Excavation for the Smith: I don't know what affect that lien has on the City's ability to perform a final inspection and to take ownership of it. As long as a lien has been filed, I don't know the legality of where we are with the sewer and water line and accepting it for our own. Bird: But the lien,. the description of the lien is the property that Holiday Inn owns. It has nothing to do with the water and sewer line or the road that it's in, or the right-of- way that it's in. Smith: The lien is filed against a legal description of the .property that the Holidey Inn owns, yes. Bird: So - Rossman: You're right. It shouldn't have any affect on the City's right to take ownership of the line. The lien is against the real property, and if the bill isn't paid, then foreclosure is against the real property, and they certainly wouldn't take the line back - it wouldn't have any affect~on that line. Bird: Eric, could.we -Then it wouldn't, shouldn't affect that at all, should it? That lien shouldn't affect that line at all. Rossman: Shouldn't. Bird: Okay. Thank you. Corrie: Any other discussion? Okay. Then I'll -Okay. You have Findings of Facts and Conclusions of Law in front of you. How does the Council want to go with it? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings ofFacts and"Conclusions of Law and Decision -and Order on the request for conditional use permit for two two-story office buildings, Eagle Road, Professional Center by Andrew Simonds-Fermor, LLC at Gentry Way and Allen Street. Anderson: Second. ` ~ Y... Meridian City Council Meeting October 5, 1999 Page 17 Corrie: Okay. Motion's been made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. 7. Is there any further discussion? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird, would you want that to be subject to the same type of agreement that was reached with Hubble? Bird: No problem. Yeah. That would be fine. ' Bentley: And have Staff work that out? Bird: That'll be fine. Yeah. Corrie: Okay. Incorporate that into the motion? Bird: Yes, sir. Corrie: Any further discussion? Hearing none, roll-call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird.. Bird:, Aye. Corrie: IVIr. Rountree is absent. Three ayes, motion's carried. MOTION CARRIED: ALL AYES 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: 9. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II L ~' • • ~, October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: FERMOR LLC ITEM #: 7 REQUEST: CONDITIONAL USE PERMIT FOR TWO 2 -STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING- DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: , ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: O SETTLERS IRRIGATION: IDAHO POWER: US WEST: ° BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .~ int..eroffice MEMORANDUM R~C~~~ To: William G. Berg, Jr. - From: Subject: Date: Wm. F. Gigray, III SEP 3 0 1999 CITY OF MERIDIAN ANDREW SIMONDS, FERMUR', LLC /EAGLE ROAD PROFESSIONAL CENTER / CASE NO. CUP-99-026 O September , 1999 Will: Please find attached the Findings of Fact and Conclusions of Law and. Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of Conditional Approval of Conditional Use Permit. I have prepared the Findings for the Council's consideration as directed at the council meeting and public hearing on the 21St of September. Please note that I advise that no action be taken on these Findings until action is completed on the annexation and zoning, and that the annexation ordinance is published. This is to assure the real property, which is subject to this matter is subject to the ordinances and within the boundaries of the City of Meridian. I have additionally attached the original of the Order of Conditional Approval of Conditional Use Permit, if Council approves the Findings please present to the Mayor for his signature, and then serve conformed copies upon the'Applicant, Planning and Zoning Department, Public Works and the City Attorney office. If you have any questions please advise. ms~Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\C1kCUPFfCIsDecOrdandOrderApproval.Mem k • Meridian City Council Meeting October 5, 1999 Page 6 Bird: The third is the first Tuesday. Isn't that vote? Cowie: That's the -election day is-the second. This will be the third when we have the meeting. Bird: Okay. Corrie: Thank you. 4. TABLED 9/21/99: ORDINANCE # --ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: item No. 4 is tabled from 9/21/99. It was ordinance for annexation and zoning of 6.15 acres for R-40 zoning with proposed Cobblestone Village by Ionic Enterprise, Inc. I believe we received a letter. Council, Mr. Bentley. Bentley'` Yes, Mr. Mayor, it appears we have a letter from JoAnn Butler dated October Stn that they're still trying to get this Certificate of Goodstanding for Ionic Enterprises. I don't believe that it's been received; is that correct? Corrie: Shari, is that correct? Stiles: Yes. Corrie: -Okay. See if Ms. Butler's in the audience, but that's good. Okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we table this to October 19tH Anderson: Second. Cowie: Motion made and seconded to table item 4 until October 19, 1999. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 5. TABLED- 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC -NORTH OF i-84, WEST OF aEAGLE~ROAD AND EAST OFALLEN-STREET: Meridian City Council Meeting October 5, 1999 Page 7 Corrie: Item No..S is tabled from the., 9/21/99 meeting. This is the development agreement for Eagle Road Professional Center by Fermor, LLC rorth of I-84 west of Eagle Road and east of Allen Street. Shari, do we have - I guess, Will, do we have the development agreement then? Berg: Mayor and members of.the Council, I do have a signed development agreement from the applicants, I guess, jointly. .. Corrie: Very good. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass the development agreement for Eagle Road Professional Center by Fermor, LLC north of I-84 west of Eagle Road and east of Allen Street and for the Mayor to sign and the Clerk to attest with a suspension of rules. Anderson: I'll second- that. Corrie: Okay. Motion made and seconded to approve the development agreement, the Mayor to sign it and City Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. , MOTION CARRIED: ALL AYES 6. TABLED 9/21/99: ORDINANCE # 846 -- ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL.. CENTER BY FERMOR, LLG- NORTH OF I-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: Corrie: Item No. 6 is tabled from the 9/21/99 meeting was ordinance, annexation and zoning of approximately 3.77 acres for C-G zoning of land for proposed Eagle Road Professional Center by Fermor, LLC, again, north of I-84 west of Eagle Road and east of Allen Street. Shari, any comments before we have the clerk read it? Stiles: No, sir. Corrie: City Clerk, would you please read Ordinance No. 846 by title only, please. Berg: Thank you, Mr. Mayor. Ordinance No. 846: An ordinance finding that certain land lies contiguous or adjacenYto the city limits of the City of Meridian, County of Ada, State of Idaho, and. finding that the owner has made a request for annexation in writing MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 56 Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. Rountree: All in favor, motion passes. MOTION CARRIED: ALL AYES 12. PUBLlC HEARING: REQUEST FOR CONDITIONAL USE PERMlT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: (ATTORNEY TO PREPARE FINDINGS) Rountree: Next item on the agenda in this public hearing, request for conditional use permit for two two-story office buildings, Eagle Road Professional Center, by Andrew Simonds-Fermor, LLC. Shari. I'll open that hearing. Stiles: Mr. President, Councilmen, this is for a project that would be immediately south of the Jacksons on Eagle Road. This is where the Holiday Inn Express will be coming in soon, I hope. Hubble Engineers has purchased this property and annexed it and did a plat for their office building. Steve Siddoway did prepare some response to the recommendation to Council on Item 1.26 on Page 6 regarding pre-treatment of storm water through a grassy swale. That was a recommendation from Central District Health Department, not a requirement. Item 1.27, Page 6 states the applicant shall resolve hook-up to city sewer, water and sewer issues prior to the issuance of a building permit. The applicant has issued a letter dated September 20th that requests this requirement be revised to condition their Certificate of Occupancy rather than the building permit upon satisfactory resolution. of the utility problem. Our response is as follows: Applicant shall resolve hook-up to city water and sewer issues prior to the issuance of a building permit. Building permits cannot be issued until the site has adequate fire protection. The water lines must pass pressure tests and bacteriological tests prior to activating the fire hydrants. Also, the sewer must be pressure tested and proved prior to issuance of a building permit. This is a standard requirement for all subdivisions in the city as well. The City will accept and process the building plans if the applicant signs a letter stating that they understand a building permit will not be issued until water and sewer lines are complete and approved. This will eliminate the six to eight weeks of processing time required after the lines are approved, and it will give the applicant approximately two months additional time to work out the water and sewer line issues while the plans are being processed without additional down-time. This is the agreement worked out • • MERIDIAN CITY CQUNCIL MEETING SEPTEMBER 21, 1999 PAGE 57 between the City and Hubble Engineering who is also affected by this water-sewer issue. This became an issue because when this Holiday Inn Express came in, they built the water lines including down Gentry Way; however, those have not been turned over to the city yet. They are still, I understand, owned by the individuals that put them in. And I know that Gary's been working with them trying to get that resolved so that we can .accept those water and sewer lines, but that issue has not been resolved yet. This is the plan that they have presented. Again, this would be the Holiday Inn Express here, Gentry Way, and the Eagle Road frontage over here. Staff would recommend approval with all of staff conditions included as part of that approval. Rountree: Thank you. Any questions of Shari? All right. Is there a representative for the applicant here? Simonds: Hi. I'm Andy Simonds with Fermor, LLC, 2700 Airport Way in Boise. We're the applicant on the Eagle Road Professional Center. I agree with staffs conditions except for two. One I've outlined in that letter, and staff was good enough to make some changes to Item 1.26 which helps us out quite a-bit. But Items 1.19 and Items 1.27 l want to talk about. First, Item 1.19 on Page 5 calls for us to provide a letter of approval from Ada County Highway District prior to applying for a building permit. We have that, but it also says that the letter of approval shall include recorded warranty deed for ariy necessary roadway dedications. Well, if you got a second, I'll show you on the plan what ACRD wants us to dedicate then explain what the problem (inaudible). Over here on Allen Street, ACHD wants us to dedicate four feet of ground into our plan, and we've taken care of that in our site plan here, but the problem is we're still the purchaser of the property, we don't own the property yet. And because of that, we can't dedicate the property until we own it. It's a chicken and egg problem it's the same problem we have with our development agreement. So if we can convert this to something like having the -we've already got the approval letter from ACHD, but if we could put that condition as, again, something to do with our Certificate of Occupancy rather than issuance of the building permit or submittal for building permit, it can solve this chicken and egg problem. The other item I want to talk about is Item 1.27 which is this whole bit about the utilities. As Shari stated, we had no part in the contract for those utilities being extended. Obviously, we have agreed and we do agree to pay any late-comer fees to go along with that, but this issue affects our property, it affects the Hubble Engineering property, and it also affects the Sonntag project, and Sonntag's representatives are here. As I said in my letter, t think everybody would agree that withholding the Certificate of Occupancy until the utility problem is solved, still gets the City what they need. Ultimately, the problem has to be solved before any of us can do what we need to do with our buildings. We can't occupy without the C of O. And truthfully, we'll have more money invested and-even more of a vested interest in working together to solve the problem at the C of O stage rather than the building permit stage. The flip side and the benefit for us is that it gives us more time to come up with an equitable solution to this mess that has to do with (inaudible) and everything else on • MERIDIAN CITY COUNCIL MEETING SEPTEMBER.21, 1999 PAGE 58 those utilities being extended. That's why we've been pushing this issue, and I ask that, reconsider that; otherwise, t agree with all staffs comments and recommendations. Rountree: Any questions? Bird: I have none. . Simonds: Thanks. Rountree: Anyone else from the public that would like to offer testimony? Any discussion from Council? Do you have a question, Mr. Bentley? Bentley: Shari or Gary, your response to what he's asking? Smith: I can, Council President, Councilman Bentley, Council, I can respond to the sewer and water issue. At the very least, as Steve Siddoway mentioned in his memo to you, the fire protection has to be available. Fire protection cannot be made available until the water line is pressure tested and the bacteriological testis taken and passed, and the line can be turned back into the system or the system can be turned back into the line. From that standpoint, it would be treated as any subdivision is treated that we've ever approved in the past. That's an absolute minimum. I guess our concem in issuing a building permit without knowing what was going to happen to this sewer and water line was whether or not the City was incurring some kind of liability to provide the water and sewer service at a point. in time. And it was my understanding after talking to Mr. Gigray that we would be best to have an agreement with the property owners such as we have with Hubble Engineering presently; that we would receive their building permit or building plans for review, but that a building permit itself would not be issued until such time that-this sewer and water line situation is cleared up. Right now, as I understand it, the contractor who installed the sewer and water lines has filed a lien against the owner of the Holiday Inn Express project. That lien is in place. We met - Mr. Gigray and I met with the contractor and with Hubble Engineering, it's probably been a month ago, now, and to this point, I haven't heard anything other than I did prepare the letter, agreement that~Hubble signed, and that was returned signed by Hubble agreeing to those conditions. From that point, we haven't heard anything. So, again, our concern and the Public Works Department is if a building permit is issued for this building for Hubble Engineering for Sonntag, are we incurring as a City, a liability to compete these fines, if they don't get - if the situation is not resolved between the contractor that installed the lines and the Holiday Inn Express people. We received a letter - I received a letter, a copy of a letter that you received from Hubble Engineering today that states, written by Don Hubble, President of Hubble Engineering. I'll just quote one of his sentences. "My understand is that each of us," and he's referring to the applicant that's before you right now Fermor, LLC, Sonntag Associates and Hubble Engineering, "is willing to pay a proportionate share of the costs of extending utility as • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 59 soon as an equitable allocation is determined and the appropriate agreements are in place. At this time, it's not clear when the K & L work," and that's the contractor that installed the sewer and water line, "will be accepted by the City." See, we don't - I haven't been requiring, and I change that status as of today, and. I sent a memo to the City Clerk to that effect, but, henceforth, we would require a bond for sewer and water installations just as we require bonds for landscaping, fencing, streetlights, all the other improvements. If this happens again, we'll be able to access that letter of credit or cash deposit, and we'll finish the project. Right now we don't have that guarantee in place. It's provided for in the ordinance that we can have it in place, and like I said, henceforth, it will be in place, and the developer will be required to put that bond forward as part of the approval process. But here, I felt like Public Works Department was out on a limb, City of Meridian was out on a limb getting that water and sewer line finished and completed. SO that these buildings, if they were,under construction, and they get to a point and still nobody wants to step forward and resolve the problem, where is the City of Meridian in this process? And that was the reason that we talked, Bili Gigray and i talked, and I put this little letter of agreement, and we finally decided, well, okay, we'll accept the plans for review for Hubble Engineering. We'd do the same for this project, the same for Sonntag with this same little fetter of agreement. It's aone-page deal that just says that we're going to process the plans, but until the sewer and water issue is resolved, the building permit wilt not be issued. Rountree: Thank you. Any other questions? Bird: Is the public hearing still open? Stiles: Mr. President, Council, as far as the roadway dedication, the earlier Items No. 3 and 4 that were tabled because the development agreement hasn't been signed, City has a little chicken and egg scenario, too, is that we will not annex the property until the development agreement is signed and recorded, so it's -the conditional use permit cannot be acted upon today, and 1 noticed from their letter that they would not finalize their purchase of the property until all entitlements were received including building permits, and that's not the way we typically run things in Meridian, and hopefully they'll be able to resolve that and either get the existing property owner to sign that development agreement and encumber the property with those conditions or finish their purchase and then they can go ahead with the recording of that development agreement and they'll be able to dedicate that right-of--way. I think, l don't know -this subdivision previously, these lots had gone clear out to the center of the road. Even though Ada County Highway District recognizes those as public streets, most of these lots still do show the ownership clear out to the center of the road, so particularly since we have sewer and water facilities in those streets, we want to make sure that that is received prior to processing the building permit. It gets real hard if you try to get this documentation after the fact because things get lost. We're trying to maintain some gam.. , v MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 60 consistency so that we have that in hand before we process because it does get lost after the fact. That's all I have. Rountree: Any other questions? Bentley: I have none. Rountree: Applicant, do you have additional information you want to provide? Simonds: First I'd like to address the fire-life safety issues with regard to the hydrants and water - Rountree: Can I get you to do one favor? Flip the switch on that mike. The microphone right there. We're getting feedback up here. Thank you. Simonds: How's that? Rountree: That's good. Simonds: Anyway, back to the fire-life safety issues. As far as fire protection out there, we're building concrete and brick buildings. There isn't going fo be a scrap of would around to burn. So from a fire safety standpoint, we won't need water. We'll have plenty of extinguishers (inaudible) small fires. Regarding the streets and the dedication of the four feet and everything, there's still a bit of a title issue regarding where, Shari had mentioned, where the streets end and our property starts. There's two interpretations out there we're still #alking with ACHD about. Right now, based on the amended plat for Magic View, the property line goes out to the center of Gentry Street and also to the center of Allen Street, and we're trying to figure all that stuff out. So that's part of the reason I want to get some time on that also. Answer any other questions. Rountree: Any other questions for the applicant? Bird: I have none. Rountree: Thank you. Again, anybody else from the public? Any further discussion? Motion to,close the hearing? Bird: So moved. Anderson: Second. • MERIDIAN CITY COUNCIL MEETING- SEPTEMBER 21, 1999 PAGE 61 , Rountree: Moved and seconded to close the hearing for Item No. 12. All those in favor? MOTION CARRIED: ALL AYES Rountree: Motion passes. Hearing's closed. Discussion, direction, motion? (inaudible discussion) Rountree: Mr. Bird. Bird: I'll just show him (inaudible) - Rountree: Did you show (inaudible) - Bird: -- I'll get right after it here. Mr. President. Rountree: Mr. Bird. Bird: I move that we have the Findings of Fact and Conclusions of Law Decision and Order for the conditional use permit for two two-story office buildings on Eagle Road Professional Center by Andrew Simonds-Fermor, LLC with the conditions. Rountree: Which conditions? Bird:. I guess with the Planning and Zoning conditions. Rountree: I need a second. Bentley: Second. Rountree: It's been moved and seconded to have Findings of Fact and Conclusions of Law prepared for the conditional use permit subject to the conditions of -the Planning and Zoning Commission for two-story office building, Eagle Road Professional Center by Andrew Simonds-Fermor, LLC. Any discussion? Mr. Gigray. Gigray: Just a point of information, Mr. President, members of the Council, for a direction on preparing the findings on the conditions, I believe there was some evidence produced here by the staff regarding a response by Steve Siddoway in his fetter of September 20~' that proposed to amend certain items regarding Item 1.26 and 1.27 of the recommendations of the Planning and Zoning Commission. I don't know whether you want that included in this motion or any of the proposed changes of the applicant with regards to changing those two items from Certificate of Occupancy to -rather from ~ ~ MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 , PAGE 62 building permit to Certificate of Occupancy, I think, was the main issue there of the staffs position and should be Certificate of Occupancy. Bird: I think - Gigray: I mean building permits. Bird: I think the recommendation by the staff was to go through the recommendations that was presented to us, if I'm right. is that not right? Rountree: Mr. Bird, what's the intent to your motion, then? Bird: The staff s recommendations. Rountree: Okay. Does everybody understand that? You have a question? Roll-call vote. Mr. Anderson. Anderson: No. Rountree: Mr. Bentley. Bentley: Aye. " Rountree: Mr. Bird. Bird: Aye. Rountree: Two in favor, one opposed, motion passes. MOTION- CARRIED: ALL AYES 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASEIREGENT BUSINESS-1302 E. FIRST STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 14. PUBLIC HEARING:° REQUEST FOR ANNEXATION AND ZONING (R-T TO " R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 15. PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-O BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) • ~ MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1989 APPLICANT: FERMOR LLC AGENDA ItEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMR FOR EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: -CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U5 WEST: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 1 ` ~~ ~ ~N !~ UNTAIN GAS: ~~~ INTERMO BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF 1VIERIDIAN 33 EAST IDAHO >vrFRmTAN- TnAHO 83642 ~„° ' ~ t ~y„~ .a ''° I To: Planning & Zoning Commission, Mayor & City C ncil From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator `~ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 iPUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT {208) 884-5533 • Faz 887-1297 July 12, 199 Q RECEIVE JI;L 121999 Clt~ cif Meridian City Clerk Office Re: Request for Annexation and Zoning to C-G of 5.031 Acres with a Conditional Use Permit for Two Two-story Office Buildings by Andrew Simonds - Fermor, LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, north of the proposed Holiday Inn Express and south of the Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. 2. The project is required to be submitted as a planned development under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within amixed/planned use development area as identified within the Meridian Comprehensive Plan. 3. There is a discrepancy between the application and the annexation description provided. The application lists the site as being +/- 3.77 acres; however, the legal description provided shows a 5.031-acre parcel. The discrepancy is apparently attributable to the net lot area only being included on the application instead of the gross land area including adjacent rights-of- way. 4. Sanitary sewer service to the proposed site could be extended from a sanitary sewer main being installed in Allen Street west of the project site. 5. Water service to the proposed site could be extended from a water main being installed in Gentry Way. AZ-99-006/CUP-99-026 Fermor-EagleRdProlCtr.AZ.CUP.doc • P&Z Commission/Mayor & Council July 12, 1998 Page 2 ANNEXATION AND ZONING • GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic. wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement is required as a condition of annexation. The development agreement needs to place restrictions on signage, establish minimum landscape criteria, etc. • SITE SPECIFIC REQUIREMENTS The legal description submitted with the application for annexation and zoning appears to meet the requirements of the City of Meridian and the Idaho State Tax Commission. CONDITIONAL USE • GENERAL REQUIREMENTS,: Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with~Disabilities Act (ADA) requirements. 3. 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. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. AZ-99-008/CUP-99-026 Fermor-EagleRdProfCtr.AZ. C UP.doc ~d • • P&Z Commission/Mayor & Council July 12, 1998 Page 3 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design` of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. °Coordinate fire hydrant placement with the City of Meridian Public Works Department. 10. The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and'construction proceeds in accordance with the approved conditional use permit. • SITE SPECIFIC REQUIREMENTS 1. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 3. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with-the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. The landscape plan dated 7/1/99 appears to meet this requirement. AZ-99-008/CUP-99-026 Fermor-EagleRdProfCtr.AZ.CUP.doc P&Z Commission/Mayor & Council July .12, 1998 . Page 4 6. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 7. A minimum 35-foot-wide landscape setback beyond required right-of--way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. Revise plan to comply. 8. No signage other than that included in the application is considered as part of this application. All signage is subject to design review. ll. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 13. Provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed for any necessary roadway dedications. 14. Gentry Way, north of this property, has not been constructed. Water and storm sewer lines have been constructed from°Magic View to and through Gentry Way. The applicant will be responsible for payment of latecomer.fees to reimburse the parties,responsible for extending sewer and water to this site. 15. Revise site plan to show minimum five-foot-wide sidewalks along street rights-of--way and within the development. 16. Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site plan to comply. 17. The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 18. Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. AZ-99-008/CUP-99-026 Fermor-EagleRdProfCtr.AZ.CUP.doc HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY ~~ ~~~~~~~ ~i~ " ~ UILDINGIDEP.4RTMENT 33 EAST IDAHO ~~ MERIDIAN, IDAHO 83642 ,~99g tzo8l sal-~~ I I Phone (208) 888-4433 • Fax (208) 887-4813 ~ ~ ~ PLANNING AND ZONING a~ ,~eridfa~e DEPARTMENT Oit9 Clerk pf Goal 8sa-ss33 O~ty TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, .1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-026 REQUEST: CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY: ANDREW SIMONDS-FERMOR, LLC LOCATION OF PROPERTY OR PROJECT: GENTRY WAY AND ALLEN STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z iKEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT t~ P'OLICE DEPARTMENT' CITY ATTORNEY- CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT,HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISEf(:2EMARKS: LEGAL DEPARTMENT ~~os> 8aa-aa6a HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Co~n~~l Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (308) 884--1264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887 ?21 t PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit-your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: CUP-99-026 REQUEST: CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY: ANDREW SIMONDS-FERMOR, LLC LOCATION OF PROPERTY OR PROJECT: GENTRY WAY AND ALLEN STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ~- ¢FIRE-DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~ ~ v +~ w CENTRAL 4 'CEN~R •• DISTRICT ~RHEAETH DEPARTMENT k = i _ .. ~.; i L •DISTRICT•HEALTH DEPARTMENT Environmental. Health Division Rezone # aL Use # ~' .t ~ ~ ~' -Da ~ Preliminary /Final /Short Plat / .l~l' /[~ ~~~s-cam jC >oSS f n.v~ ~ ~~a t..~r/' ~ T T-f r Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz . y V I . We have No Objections to this Proposal. .~ U L ~ t7 999, ^ 2. We'recominend Denial of this Proposal CITY OF 1VIFI~IIII~ ` ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ° : ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5.` Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ; ,. ^ or bedrock from original grade ^ other • ~. ' ^ b. This:office will require a study to assess the impact of nutrients and pathogens to receiving ground waters,andlor surface waters. ~~ , s ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~, ^ '8. - After written approval from appropriate entities are submitted, we can approve this proposal for: ` ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ' ^ individual sewage ^ individual water ^ 9. The following plan(s) must be~submitted to and approved by the,ldaho Department of Health & Welfare, Division of Environmental Qualii'y: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ' ^ 10. Run-off is not to create a mosquito breeding problem. ~, ^ I I. This Department~would recommend deferral until high seasonal ground water can be determined if other , considerations indicate approval. ^ IZ. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: "" ^ food establishment ^ swimming pools or spas ^ child care center ~.~/ ^ beverage establishment ^ grocery store ~JQ i4. ~i~rg'} ~9-Tia['~~L~"rr~,~-w•.-1-~7~- /~~.~sGEr~.-~~~J.~ Date: ~/ /3 / SS /7~~ f~L'C~~tr.~r;+-o~.a-~~•-S Reviewed By: ~~,~..---rr~/t ~, ' CDHD' ID/91 r~, «~. ~~9, - _ Review Sheet CE,vT,~.~~ • ~• otsFrhlAcL~H _ .__ .. . ^" ~ ~ t__./ t L +d~~V Cc:~C_ 'u; w iG9.~<iGrriC, ~! ~C!~c. ~C 3.'.'C-t •:~_~ (_C~) . _ ._t.~ . =:c ?,' ~~~G OEP.-1RT~~tENT Tu arr+•att arrel:r'cal dis<ast artd QiSUbi(iN; ru prunwte Irral:Iry (i%escy(es: ~tr~~l to prnrre: al(d pfnlrtUlG tlfC (fGUlrh crud grfc(iN a%~uf a+virnr~mer~r. STOR~~tti~4-ATER l~I~~~=~GEI~IENT RECOtiII~IENDATIOi`tS We recommend that stormwatzr be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is pre~~entina groundwater and J . ~7 surface water degradation. ~Iariuals that could be used for guidance are: I) State Of Idaho Catalog Of stormwater Best 1~~Ianagement Practices For Idaho Cities And Counties. Prepared by tlhe Idaho Division Of Environmental Quality, Juiy 1997. 2) stormwater Best ylanagement Practices Guide'oook. Prepared by City Of Boise Public Works Department, January 1997. $C(1 CCSl'K SCG!' ;(9s:aty Seriln, Valley, Elmore, Borsse, aRd .-~dc Courrazs amore Caurtty dtlca `/atey Caurttyrt3ce ~cc / 8aise Caurtfy Ctfiea ACC•wtC Sc:auita Orrice ~ ' ;~J N. t;,- g:ra?r iCi `t. ~tr^;:C^~, i :%6 ZCC - - a_ t a- 6 r ~tcunrcrt ~_r^.._ ~C 8 ?.O. ?CZ f C~:3 ?caa. t0 ~jJi:a ~cae. ~C 3`i :, ' Erndre. rfeeun::3i •,?a~ ~~tcCctr; ~0. ~JCJ3 J? .,. =rr~~r,. H?Ct:n: 7•i ~•C Pn.:.'sJJ-J ~ ~~i•::G' F. rruhr' ~h, cJ=-i t ;d rC, ~`Cr., i?i.T:1CC r.av n ^~: ~.>,:(.3J~•JJ.:_:? ' .::CC wC: s3i ?:•:C.6J"•~IT~ tr..r-. •lrot;::c^s::?T•7~': p,a;C::d7•J52t ie~:rr ~ turn:~Cn: 327•Ta;~J - ~~rtC I?T•Tad'. • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Cit C il M b CITY OF MERIDIAN y ounc em ers CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 ~~v~p MEMORANDUM: SEP 2 ~ 1999 pity cf 1lQridian pity Clark ©ffice To: Mayor & City Council From: Steve Siddoway, Assistant Planner Gary Smith, City Engineer LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 20, 1999 Re: Recommendation to City Council in the matter of the request for Conditional Use Permit for two 2-story office buildings by Andrew Simonds, Fermor LLC. Case No. CUP-99- 026. { We have reviewed the Recommendation to City Council for this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion ~of the Meridian City Council: 1. Item 1.26, page 6 regarding pretreatment of stormwater through a grassy Swale is a recommendation, not a requirement as currently written. 2. Item 1.27, page 6 states that the "applicant shall resolve hook-up to City water and sewer issues prior to the issuance of a building permit." The applicant has. issued a letter dated September 20, 1999 that requests this requirement be revised "to condition the Certificate of Occupancy (rather than the Building Permit) upon satisfactory resolution of the utility problem." Our response is as follows: Applicant shall resolve hook-up to City water and sewer issues-prior to the issuance of a Building Permit. Building permits cannot be issued until the site has adequate fire protection. The water lines must pass pressure tests and bacteriological tests prior to activating the fire hydrants. Also, the sewer must be pressure tested and approved prior to issuance of a building permit. This is a standard requirement for all subdivisions in the City as well. The City will accept and process the building plans if the applicant signs a letter stating that they understand a building permit will not be issued until water and sewer lines are complete and approved. This will eliminate the 6-8 weeks of processing time required after the lines are approved and it will give the applicant approximately two months additional time to work out the water and sewer line issues while the plans are being processed, with out additional "down time". This is the agreement worked out between the City and Hubble Engineering, who is also affected by this water/sewer issue. ~- WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JUSTIN P. AYLSwORTx ~ ATTORNEYS AT LAW . _ JULIE KLEIN FISCHER WM. F. GLGRAY, IlI 104 NINTH AVENUE SOUTH MERIDIAN OFFICE , D. SAMUEL JOHNSON 4 POST OFFICEBOX 24~ ~ 200 EAST.CARLTON AVENUE WILLIAM A. MORROW _ ~' SUITE 31 CHRISTOPHER S. NYE NAMPA; IDAHO 83653-OZ47 POST OFFICE BOX 1]50 PHILIP A. PETERSON MERIDIAN, IDAHO 83680-1 ] 50 STEPHEN L. PRUSS ~ TEL (208)466-9272 TEL. (208)288-2499 ERIC S. ROSSMAN FAX (208) 466-4405 FAX (208) 288-2501 _ TODD A. ROSSMAN ° R. STEPHEN RUTHERFORD ... TERRENCE R. WHITE ~ PLEASE REPLY TO MERIDIAN OFFICE '" ~ '"E-MAIL: WFG@WPPMG.COM , R~cE~D. il SEP 2 0 1999 . September 20, 1999 _ ~ CITY OF MERIDIAN .w ~. ~~ William G:'B~erg, jr. Meridian CityClerlc 33 E. Idaho Meridian, Idaho 83642 ` , ~ , Re: 1. ~ CUP-99-026 ANDREW SIMONDS, FERMOR. LLC ~, Will: f . Please find enclosed the opriginal of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note this matter Will be heard before the- City Council on September, 21, 1999. Very truly yours, _ y°" ; °7 R. Ste e Rutherford Enclosure .. msg/Z:AWo~IdM\Meridian ~15360M\Eagle Rd Professional Ctr~I'ZRecCllcltr R , a F ,. `~ ~ ~ ~ ~ ' • .. BEFORE THE PLANNING AND ZONING COMMISSION .. ~: IN THE MATTER OF THE- •) ~ ~' ~ Case No. CUP-99-02'6 REQUEST FOR CONDITIONAL ) USE PERMIT FOR TWO 2- ) RECOMMENDATION TO CITY STORY OFFICE BUILDINGS ) COUNCIL F ANDREW SIMONDS, ) FERMOR, LLC. °~ _ Applicant ) . -INTRODUCTION ~- 1. The property is located on the corner of Gentry Way and Allen Street, k Meridian, Idaho. 2. ~ The owner of record of the subject property is James A. Post of P.O. Box 1290, Oldsmar, Florida. ~3. Applicant is Andrew Simonds, Fermor~LLC., of 2700 Airport Way,, f Boise. m ~ 4. The subject property is currently zoned Ada County Rural Transitional. There is •a pending'application for annexation and zoning°to General Retail and Service Commercial (C-G). The zoning district of C-G is defined~within the City of Meridian Zoning and- Development Ordinance, Section 11-2-408 (B) (11). 5. The'. proposed application requests a conditional use permit for RECOMNIENDATIONSTO CITY COUNCIL - 1 CONDITIONAL USE PERMIT-TWO 2-STORY OFFICE`BUILDINGS - ANDREW SIMONDS, FERMOR LI;C .. • ~~ ~k '~ ~ ., ~ _. ~~' ~~ F ~. construction and development of two 2-story office and professional buildings. The General Retail and Service Commercial (C-G~) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained because more than one building is proposed on one lot. In addition a ~, conditional use permit is required as the property is in a Mixed/Planned Use Development Area under the Meridian Comprehensive Plan. (Meridian City Zoning anti Development Ordinance, Section 11-2-409)." 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a • conditional use as determined by City Policy. 8. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the goals and components of the Meridian ll Comprehensive Plan as enumerated in.the;Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. RECOMMENDATION ~: 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested, by the applicant, subject to the following:° RECOMMENDATION TO CITY COUNCIL - 2 ~- CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE •BUILDINGS - ANDREW SIMONDS, FERMOR LLC • ~ r Adopt the recommendations of the Assistant City Engineer and Planning and Zoning Administrator as follows: '~ r 1. l Off-street parking shall be provided in accordance with .Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. #: 1.2 Paving and striping shall b'e in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian - Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1:3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City~Engineer (Ord. 55 7, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Outside,lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with ,, City Ordinance Section 11-2-414.D.3. 1.5 All signage shall be in accordance with the standards set forth in Section ' 11-2-415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary.signage or flashing signs will be permitted. 1.6 E Determine' the normal high' groundwater elevation, and submit. a profile of the subsurface soil conditions as: prepared.by a soil scientist with the design~of site drainage plan. 1.7 Provide five-foot-wide sidewalks.in.accordance with City Ordinance Section 11-9-606.B. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Coordinate fire hydrant placement with the City of Meridian Public Works Department. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT =.TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC y ~~ ' ~ • t „~ a . ~. 1.10 The conditional use permit shall~be subject to review upon ten days notice'to the Applicant. The conditional use permit should become null and void if work does not' commence within one year of approval and `~ construction is not complete within two years from date of approval. The conditional use per"mit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with- , Ordinance requirements and construction proceeds in accordance with the approved conditional use permit: 1.11 Applicant shall provide the Public Works Department with information on anticipated: fire flow and... domestic water requirements for the proposed site. I.12 Applicant shall be required to enter into an Assessment Agreement'wth - ~ the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help ;° ` reimburse the parties responsible for installing the water and sewer mains to their current points. 1.13 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. The landscape plan dated 7/1/99 appears to Tmeet this requirement. ' ,. 1.14 Particular attention needs to be paid to lighting plans to ensure that lights do,not cause glare or impact adjacent residential properties or the 3 traveling public, as determined by the Meridian Public Works Department. The Public Worlcs Department is in the process of determining detailed standards>for lighting. 1.15 A minimum 35-foot-wide landscape setback beyond `required right-of- way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales. at 30 feet: . ,P Revise plan to comply. 1.16> No signage other than that included in the application is considered as part of this application. All signage.is subject to design review. 1.17 The P&Z Commission and Council may prescribe appropriate 4: RECOMMENDATION;TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW' SIMONDS, FERMOR LLC t t ~. ~~ , ~ ~ , conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 1,.18 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building"permits. 1.19 Provide a letter of approval from Ada County Highway District prior to ,, applying for building permits. Letter of approval shall include recorded warranty deed-for any necessary roadway dedications. 1.20 The applicant will be responsible for payment of latecomer fees to ' reimburse the parties responsible for extending sewer and water to this site. [.: 1.21 .:Revise site plan to show minimum five-foot-wide'sidewallcs along street rights-of-way~and within the development. ~. 1.22 Parking stalls are to be a minimum of 9'x1.9' with 25-foot-wide ,.driveway aisles. Revise site,plan to comply. 1.23 The total area of all common open space shall equal or exceed ten ~, percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 1,.24 Per Uniform.Plumbing Code requirements, each building shall be served by independent sewer and water services. ...Adopt the Meridian Fire Department's Recommendations as follows: 1.25 ' Applicants shall satisfy all fire code requirements including those pertaining to water flow and' fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 1.26 Stormwater shall be pretreated through a grassy Swale prior to discharge °to the subsurface to prevent impact ,to groundwater and surface water RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC ~; .. . n:. r quality. The Planning and Zoning Commission further recommends: 1.27 Applicant shall resolve hook-up to City water and sewer issues prior to ° the issuance of a building permit. •, w. ey/Z:AWorIc~IVI\Meridian 15360M\Eagle Rd Professional Ctr\Cup.Rec ~ ~ r 3 .. q. F ~ t .F f. 7 4. Y` RECOMMENDATION. TO CITY COUNCIL - 6 CONDITIONALrUSE PERMIT =TWO 2=STORY OFFICE BUILDINGS - ANDREW SIMOlVDS, FERMOR LLC ,: Meridian Planning anc~ning Commission Special Meeting• August 31, 1999 Page 56 Borup: Any other discussion. All in favor? MOTION CARRIED: ALL AYES ITEM NUMBER 10. REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2- STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: Borup: I need to mention that Commissioner Ken Brown has joined us for this application and the rest of the evening. Looks like we got Steve. Siddoway: Mr. Chairman and Commissioner's, this application before you as you mentioned two two story office buildings. The site is located on this map in the cross hatched area. The application that we all ready reviewed previously tonight for Sonntag the medical office building, is on this parcel. Again, the parcel right here is for the Holiday Inn Express. To the north we have a Texaco and further north we have the Eagle Partners Chevron McDonald's project. Hubbell Engineering site is here and St. Luke's would be across Eagle Road in this area marked as L-O. This project has been before you before for annexation and zoning and tonight this is the conditional use permit. You should have our comments dated July 12, 1998-1998 that is what is says. We would change that to be 1999 and request that they be included in the testimony tonight. The applicant has contacted me with concerns about the requirement for no temporary signs. The concern was that it would prohibit a construction sign on the site and for lease signs. I would like to state for the record that the -that requirement is not intended to prohibit those signs. It is intended to prohibit temporary signs of occupancy in the future, sandwich boards, A Frames, other banners affixed to the sides of the building once the building has occupancy. Specifically the construction sign. on the property during construction and a for lease sign when it is trying to be leased is not prohibited by that requirement. That is all I have at this time. De Weerd: Steve, can you tell me that parcel behind Chevron and north of the applicant parcel where Allen Street is'-going to go through-do you know the progress of that? Siddoway: The progress of the street? I do not. Hawkins: The requirement Chairman De Weerd is for-there is 108 foot ACHD right of way that is required to be constructed as a part of Eagle Partners project. They are only required to stub to the property line. At this point, I don't believe we are aware of any time frame for looping that to head south to align with Allen Street. They are just required to go to that west property line of the Eagle Partners site. There is no time line that I am aware of. Barbeiro: With regards to the discussion about the sewer access that we had in a prior hearing, what effects do (inaudible) on this lot. Meridian Planning and ~ing Commission Special Meeting August 31, 1999 Page 57 Freckleton: Mr. Chairman, Commissioner Barbeiro, it is the same situation. The main lines are being extended south from Magic View Drive down to the Holiday lnn site. which is south of Gentry Way there. Water and sewer both so it is the same situation as what we discussed with the agenda item 6 and 7 on the Sonntag project. Barbeiro: It would be your recommendation that as with that project, a building permit not be issued until -the sewer and water access were functional, operational and approved. Freckleton: That is correct. The sewer situation is a little different on this parcel than it is on the Sonntag piece. I don't believe that there is any need to pressure the sever. It~ will gravity flow from this side. Borup: Anyone else? Do you have any other comment Steve? Siddoway: I would just like to I do have a copy of the .proposed site plan here which I. will put up. I will let the applicant actually do most of the presentation on this site plan. You can see the two office buildings-this would be Gentry, Allen Street over here. Eagle Road is on this side. Again, Eagle Road is a entry way corridor and 35 feet of landscaping would be required along that. The other aspects of the development I leave to the applicant. Borup: Thank you. Would the applicant like to come forward. Simonds: I am Andy Simonds with Fermor, LLC, 2700 Airport Way in Boise. Guess first off I would like to agree with the staff comments except for the date on this and also with regard to, I'd like to elaborate a little bit on what signs are permitted and not permitted from a temporary sign standpoint. ,I think Steve and I have an agreement on what is the intent of that, but I would like to see it somehow in writing so both sides know that the other side isn't trying to cross the line in some way. With regard to the sewer lines, one request that I would have is instead of not issuing a building permit until the whole sewer situation is resolved, maybe we leave that to the occupancy permit stage. That way we would not be held up as far as being able to get started on the work. Having winter approaching and so forth, it is critical to get going before the weather sets in and precludes any site work and other things. Regard to any other questions I'd be more than happy to answer. _ Borup: Your saying then you either agree - Simonds: We'll comply with all the staff comments I am saying. Barbeiro: To Bruce, would it make a difference either way -would your preference be not to issue a building permit until the sewer and water were complete or certificate of occupancy. Meridian Planning and ~ing Commission Special Meeting August 31, 1999 Page 58 Freckleton: Mr. Chairman, Commissioner Barbeiro, I would rather keep it at the building permit stage. That is the stage that we have held up the Midvalley Business Park, Hubbell Engineering's office building. We have an agreement with them that there will not be a permit issued until the sewer situation is resolved as well. It is a good point in time to do that. Barbeiro: Okay then in keeping with Sonntag and Assoc. as we did recommend to City Council that they not be issued a building permit until that is completed. Freckleton: That is correct. The -I've heard a couple of times that they are on the verge of starting. But like I say, I have heard it a couple of times now, so I would just make the recommendation to the applicant that they get together with Hubbell Engineering and maybe with the group of them they can get' this worked out. Borup: .Bruce could you elaborate~on the sewer line is installed buried under the road the whole length. •. Freckleton: Sewer and water are both installed. The sewer is- Borup: Has it been tied into the main line? Freckleton: Yeah. I don't believe it has had it's final air testing and final inspections. The water has not had it's pressure test or bacteria testing done. Borup: Sounds like it is not a lengthy process if everyone can get things moving then. Thank you. Barbeiro: Mr. Simonds, I do understand your point about the certificate of occupancy or the building permit and it's came to a point of keeping with in consistency with Hubbell Eng., with Sonntag that keeping yours in the same line and my hope that that individual item would encourage all of you to get together very quickly and resolve them. Simonds:. I am not opposed to that. I guess the fundamental. problem with it is none of us contracted for the work. It was all contracted by the developer of the motel t~.~ the south. Since we had no part in«negotiating any of the work or the pricing, suddanly we have to assume some obligations that we didn't necessarily have any part in negotiating to begin with. Not to say that we would have done a better job, but the flip side is -we are just assuming obligations that were on somebody else's shoulders by this scenario. It is kind of difficult to put us in that position. Borup: Likewise if they hadn't, there would, not be any sewer there and- Simonds: But we would have brought it to where we needed it. Meridian Planning and Z~Fiing Commission Special Meeting August 31, 1999 Page 59 De Weerd: Well if you have a different scenario you'd like us to consider-I just early on I suggested it as a possible fix to what the current situation is, so if you have a different scenario, I would welcome that. Simonds: That's why I brought up the whole idea of the occupancy permit because it gives us everybody a lot more time to even potentially work things out with the developer of the motel who originally contracted for all the work. Right now, I can'± comment on where he is on any of this stuff. I know I have talked to a contractor and the contractor has told me that he is not sure when he is-going to paid. It is a big problem. Barbeiro: Can we defer back to staff and ask Bruce his knowledge of where the domestic water and sewer lines are now. What needs to be completed. Freckleton: Commissioner Barbeiro the sewer needs to have a final inspection done on it and I am not certain whether it has been air tested or not. 1t may need to have air test done on it which is a 2 hour thing. The water main, I am sure that the mains probably will have to be re-chlorinated and flushed and bacteriological would have to be taken to make sure that it will .pass. That is about all-that is left. Barbeiro: Okay, so with the water main and bacteriological samples your talking about 3 to 7 days depending upon the test results-we are talking no more than about $6000 in testing and then for the sewer, maybe $2000 in testing and checking. Is that about where you would see it. Freckleton: Probably less then that even, but at point of time, the city doesn't own them and we don't take them over for ownership and maintenance until all of the testing has been complete and all the final inspections have been done. Barbeiro: But it does give these three landowners an idea of what the costs are going to be. What would be involved if they could go out and contract and have that done. .Freckleton: I don't know. That is possibly a legal question. These are mains that belong technically to someone else. Hatcher: f would ask the question to the attorney's office as to what the legal ramifications are--muddy in the water on this issue. What is our legal ramifications of having these different potential projects all in the same subdivision, paying for the testing so that the city could- take ownership of the lines so they can do-their projects but yet we have a subcontractor out there that has installed the lines that has not been paid. Are we saying that the projects down the line compensate this subcontractor for the work he's done so the city can take over this ownership. Are we saying that he sits on his hands until who ever hired him pays him. That is where the legal (Inaudible) is getting real muddy, because we can't take over ownership until that subcontractor is paid because of liens and liabilities and all that stuff. It is not a matter of whether the developer-who pays him as long as the subcontractor gets paid. Meridian Planning and ~ing Commission Special Meeting August 31, 1999 Page 60 Freckleton: And City Attorney Bill Gigray has looked into this situation and he is working on it, trying to dig up some legal information for us. Hatcher: It really seems unfair to hold up all these other projects because someone else dropped the ball. I empathize with you and others situation but at the same time I would hate to see you sit there with this empty shell of a building not able to rent it out because you don't have sewer and. water. I don't want to put you in that position. I concur with the other Commissioner's that its going to be a building permit. Simonds: I've got another suggestion if I may. Perhaps we can all get together and bond for those improvements. Hatcher: (inaudible) l think City Council would need to talk about when it comes to bonds. Freckleton: I don't understand what that would accomplish. You still have a contractor that.hasn't been paid. Hatcher: If I understand. it right., the city would bond out the money to pay that subcontractor and then the city would be~liable for money getting reimbursed on that work to pay for the bonds. Borup: And then the subcontractor probably feel comfortable going .ahead and having it tested. Hatcher: If it was a bonded issue, then the city would take on the liability of getting reimbursed where as we have been talking about evening, is that the potential developers of-the other projects take on the liability of getting reimbursed. I don't want to comment on what the city should or shouldn't do. Freckleton: I guess I would like to get guidance from legal counsel on that. Rutherford: Commissioner's, Ithink it is possible. But, obviously when you talk about bonding that's a whole separate process in front of the Gity Council. It is a possibility. I know to echo the sentence that Mr. Freckleton-Bill has been looking into situations like this. Unfortunately, I haven't had an opportunity to speak with him about his findings. I can't give you any guidance on particulars tonight. Borup: Thank you. Commissioner Brown. Brown: Mr. Simond, does your clients own this property then? Simonds: We don't yet. It is all pending getting our final approvals. Brown: And the seller is representing that he is selling a buildable lot. Meridian Planning and ~ning Commission Special Meeting August 31, 1999 Page 61 Simonds: In get into the technical details of our deal, no he is riding with us until we get all of the approvals. Brown: It seems logical that that's where the burden should be-back on the seller selling you something that you can build on. If I bought a residential lot I'd expe;.t that is would have sewer and water so I could build a house. Why should I anticipate that I have to work with the city then to get sewer and water to me. Borup: I am assuming this is more of a situation by an undeveloped lot. Simonds: It is to a certain degree but the utilities were being installed when we went under contract and all assumptions were that everything would be ready. Part of our deal was to ride along and get all of the approvals and then close escrow on the land. Borup: What type of time frame did you have wanting to start construction. .Simonds: As soon as possible. If we wait too long then we get into- Borup: Are there plans ready to turn into the building department? Simonds: Plans will be ready within -we would be ready to turn them in by the end of the month-meaning the end of September. Borup: Okay. It doesn't sound like that is out of the realm that this whole thing could be worked out by then. That is what I am wondering. You could be a while in the building dept. before your back. I don't know that the time frame necessarily a problem I guess. I don't think we are going to solve that tonight. De Weerd: Yes, my point. Borup: Any other questions for Mr. Simonds Hatcher: Did we finally describe what sign problems you had. You mentioned it initially in your comments but then you didn't specifically say what was the,problem. Simonds: All I care about is clarifying. We adopt their comments they say no temporary signage. I think it would be nice to elaborate that to where we could p~.at up leasing signs. ` Borup: I think staff clarified that and it's part of the record. We are in the process of writing a sign ordinance now and that would be in keeping with the new ordinance. A clarification up front rather than a problem later, but I think staff clarified that- Barbeiro: If there was any concern you could refer back to precedent where every property in this town has for lease signs. The family center for instance which is under Meridian Planning and~n_ing Commission Special Meeting August 31, 1999 Page 62 construction. They will have a building open here in three weeks and they sfill have a "for lease sign up. As well as a banner saying help wanted. Open soon. De Weerd: Mr. Chairman, I have a question. You will be phasing this in. Simonds: The intention is yes to phase the first building being the one closest to Eagle Road. De Weerd: And how will you maintain the property that is not being developed. Simonds: As part of the first phase we intend to build-all of building one plus do all the perimeter landscaping and paving around building one, leaving just the pad and black top to be done later for building two. All the street frontage will be improved. Borup: Any final comments. Simonds: The only comment I have is thought I'd show you a picture of our rendering. Could have brought my full size one but was afraid you guys might want to keep it. Barbeiro: So that is a brick veneer with a - Simonds: There will be a concrete tilt-up more than likely-buildings with a brick veneer on them and just a(inaudible). For the most part they will be concrete and brick buildings. Barbeiro: What will the proposed tenants medical/professional- Simonds: So far it has been a mix of a lot of professional office users. We've been-it is tough to market a picture but we have had a lot of interest from everything from insurance agencies to doctors to engineering groups-quite a mix, but professional offices is what we are anticipating here. Barbeiro: Could you foresee anything retail like a copy center. Simonds: Possibly but not probably. We are trying to keep it more a professional office than kind of a retail blinking lights kind of thing. We do have ample parking outside also. More than what code requires. ' Bo~up: Do we have anyone else here who would like to testify on this application. Willis: Thora Willis, 3555 N. Montvue Drive. I'd like to ask the same questions again. It says there is available 248 parking spaces. I would like to know how many of th~ise are for the physician or the primary leasee-how many for staff and how many are designated for patients or the patron. Is this a (inaudible) building? Is it to be finished as leases are rented out or will suites be-will all of the suites be put in and how many suites are designated for these 2 buildings. Meridian Planning and~ing Commission Special Meeting • August 31, 1999 Page 63 Borup: Anyone else. Mr. Simonds I don't know how many of those questions can you answer at this time, but if you would like to try. Simonds: By the time I got back I had only written down two of them. I think there are three. First off, regarding parking as I said when I was up'here before, we meet or exceed all of the requirements for Meridian's general offices. Our parking is 247-248 stalls is about 5 per thousand on the net rentable area of those buildings. With regard to the actual project, and how much will be build no versus later, that's all a function of how many leases we end up with. The likelihood is that we will build the shell and core we could conceivable have the building half leased by the time it is ready for occupancy. We could have more leases then that, but it is hard for me to answer. To elaborate on the parking,we don't know if we are going to have any medical tenants. We don't know what the demand will be from those tenants as far as parking. We need to balance all that to make sure we don" use up all our parking and still have 5-10 thousand feet to lease when we can't park anybody on the premises. What was the- other question. Totally a function of leasing. Barbeiro: So as it stands now do you currently have any leases? Simonds: We have no signed leases yet. We are currently talking with several different people. Barbeiro: So if one the day the project was built and you did not have a leasee, you would eventually have your entry lobby and second level elevator lobby completed. The rest of it would be an empty shelf. Simonds: We'd have a lobby on the first floor, stairs up to the second floor. A elevator in place. All of our central equipment room, janitors closet and probably a set of restrooms either on the first floor and the second floor; depending on a lot of factors. Borup: Commissioner's. De Weerd: Mr. Chairman I move we close the public hearing. Hatcher: I second. Borup: We have a motion and second, all in favor. MOTION CARRIED: ALL AYES Borup: Next. Hatcher: Mr. Chairman, I move that we recommend for approval the request for conditional use permit for a two 2-story office buildings at Gentry Way and Allen Street as proposed by the Andrew Simonds-Fermor, LLC with staff comments and the add the Meridian Planning and~ing Commission Special Meeting August 31, 1999 Page 64 condition to that in regards to the water and sewer issues be resolved .prior to the building permit. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES De Weerd: Mr. Chairman. I need to declare a possible conflict of interest. I serve on the executive committee of the Police Activities League PAL Board and they have soccer fields out at St. Luke's. I would like to get your judgement on whether I have a conflict or not. I would be more than happy to step down for this. Borup: You have an opportunity for financial gain from this? De Weerd: I certainly don't, and I am not on the soccer board. Borup: It is my understanding that's the main criteria that council - Rutherford: Mr. Chairman, at this point a simple declaring a conflict and you- folks saying okay, let's proceed is sufficient. I guess it would be potential conflict. Maybe an apparent conflict but not an actual conflict would be the terms we'd use. Brown: Mr. Chairman, I do not live within 300 feet but I do live adjacent to St. Luke's across the street and I just wanted for the record to make that aware that I'm no financial gain from their approval. I am probably impacted by them but **~`END OF SIDE 5*** Borup: Duly noted. ITEM NUMBER 11. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKES MERIDIAN MEDICAL CENTER BY ST. LUKES REGIONAL MEDICAL CENTER-520 EAGLE ROAD: Borup: Staff, Steve do you have a presentation. Siddoway: Mr. Chairman, members of the Commission this application is for Phase 3 of St. Luke's Meridian- Medical Center. It is a conditional use permit. The property as you probably know is located on Eagle Road. The previous application for Eagle f-~oad Professional Center is in this parcel marked R-T. This is the Texaco and Eagle Partner site is up here. Montview Subdivision is to the north. That red line that I just drew shows the limits of Phase 3 being on this side of the line, the existing Phase 1 facility is located here. Phase 2 is currently under construction here. This application for the conditional use permit is for Phase 3 which would add a 24 hour hospital to the site. ~ ~ r MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: ANDREW 31MONDS~-I~ERMOR, LLC _ - ITEM NUMBER: 40 REQUEST: GCONDITIONAL USE PERMIT FOR 2 STORY OFFICE BUILDINGS !EAGLE ROAD PROFESSIONAL BUILDING) AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: SEE ATTACHED COMMENTS SEE`ATTACHED COMMENTS ~ G~~ ~~ Ali Materials presented at public meetings shalt become properly of the City of Meridian. ~~ V/ ~~ 1~ ~ ,~ ~ ~