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HomeMy WebLinkAboutGaudry Dental Office CUP 03-061January 5, 2004 PFP 03-005 MERIDIAN PLANNING 8, TONING MEETING JanUgry 8, 2004 APPLICANT Dr. Robert Gqudry, D.D.S. ITEM NO. REQUEST Public Heari - Reques# for a Conditional Use Permit for a dehtai office in a L-O zone for Gaud Dental Office -southeast comer of Millenium Way and Gala Street in Resolution Business Park AGENCY COQ 5 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See 4itathed Stmt Gomments CITY ATTORNEY ' ~ ~.I.~YV~T~Q~1 CITY POLICE DEPT: ~{~ r61~~/~ CITY FIRE DEPT: See attached Comments f q „ ~ v CITY BUILDING DEPT: C 1 ~ CITY WATER DEPT: Ok With Meridian Wafer' Department ` ~ ~ CITY SEWER DEPT: Np Comment CITY PARKS DEPT: NO Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGWWAY DISTRICT: See attached Comments CENTRAL DISTRICT HEALTH: NO Comment NAMPA MERIDIAN IRRIGATION: Sae attached Comments SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: f Date: J Phone: ~ (1? Emailed: 1 i St ff Inltialsi Mahrlola preaenhd of public mseNnpa aftall become propeAy of the Cl1y o! MwWlon. HUB OF TREASUR&' VALLEY Df.9YOR A Good Place to Live - LFG.'1I. DF.PAR'1.MEN'1' Robert D. Cotrie (208) 466-9272 Faz 466-4405 (:ITY COUNCIL MEbIBFR4 CITY OF MERIDIAN PLJBI.IC WORKS 33 EAST IDAHO BUII.DING DI:FARTMrNT Keith Bird Tammy deWecrd MERIDIAN, IDAHO 83642 (2os) 887-2211 Fax 887-1297 Cherie McCandless (208) 888-0433 ~ FAX (208) 887-4813 PLANbIING AND ZONING V(/illiam L. N1. Nary City Cleck OfSce Fax (208) 888-4218 D! PAR'1'MI3N"1' (208) 884-5533 ~ FAX 888-6854 Staff Report: P & Z Hearing Date: Ianuary 8, 2004 Transmittal Date: December 31, 2003 To: Mayor, City Council and Planning & /Zloning Commission ~ti1 ~ Z1 `~ y'ri~ From: Craig Hood, Associate City Planner C -y 1J j~j1 ~! j~j - Bruce Freckleton, Assistant to City Engineer ~ DEC 3 12003 Re: ' -~_~audrv Dental Office Cif OClerkeOfficet~~ Request for a Conditional Use Permit for a New Dental Office in an L-O Zone, by Dr. Robert Gaudry (File No. CUP-03-061). We have reviewed this submittal and offer the following comments as conditions ofapproval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION BACKGROUND & SUMMARY The Applicant, Dr. Robert Gaudry, has requested approval of a Conditional Use Permit (CUP) for a new 3,300 squaze foot dental office on Lot 2, Block 1, Resolution Subdivision. When Resolution Subdivision was approved in 2000, it was approved as a Conceptual Planned Development (CPD) with a mix of office, retail and residential uses. Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Business Park (CUP-00-017) requires that all "future phases of the project shall require separate Condifional Use Permits for each phase..." The subject site is located within "Site C" of the CPD (there were three distinct planning areas in all). This section "C", which encompasses the eastern 18.5 acres of the subdivision, was conceptually approved with the following building areas: • Total Office Space 87,480 sq. ft. • Total Retail Space 63,437 sq. ft. • Total LDS Seminary Space 5,998 sq. ft. • Total Ice Rink Complex 76,452 sq. ft. Within Resolution Subdivision, the City has already approved CUP applications for a pediatrics facility, two dental offices, an apartment complex, and two multi-tenant office buildings. In 2003, the City approved a re-subdivision of Lot 2, Block 1, Resoluton Subdivision, processed as Gaudry Seegmiller Subdivision. Gaudry Seegmiller Subdivision (PFP-03-02) is a three (3) lot preliminary/fmal plat that has not yet been recorded. If the subject CUP is approved, this would be the second building on Lot 2, Block 1, Resolution Subdivision. In order to prevent multiple buildings on one recorded lot, the Gaudry Seegmiller plat must be recorded, providing a separate legal lot to CUP-03A61 Gaudry Denta1.CUP.doc Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 2 the Applicant. The 18-month expiration time for the CUP will begin upon approval of the CUP, whether or not the plat is recorded. (See Special Considerations and Site Specific Condition #6 below). As part of the Gaudry Seegmiller Subdivision the issue ofcross-access received a lot ofdiscussion at the public hearings. Resolution Subdivision did not include cross-access amongst the lots within the subdivision. However, the City Council did require a temporary cross-access between Lot 2 and Lot 3 until Lot 3 received a second permanent access to the east from Lot 1, Block 1. The Applicant is proposing two permanent access points for all three lots within the Gaudry Seegmiller development. The first access point is an existing 26-foot wide driveway on Millennium Way, located approximately 160 feet south of Gala Street. The second, new access point is 25-feet wide and is located on Gala Street, approximately 175 feet east of Millennium Way. These driveway locations meet ACHD policy. In addition to the two permanent access points, the Applicant is showing the temporary emergency access to Lot 3, as required with Gaudry Seegemiller Subdivision. (See Special Considerations below). LOCATION The property is located on the southeast comer of Millennium Way and Gala Street, approximately 300 feet south of Overland Road and approximately'/ of a mile east of Locust Grove Road. North: Vacant, Zoned L-O South: Dental Office/Mountaln View High School, Zoned L-O and R-4 West: Currently Vacant, Zoned L-O (proposed Maverick/Sagecrest Subdivision) East: Mountain View Dental, Zoned L-O OWNER OF RECORD The property owners ofrecord are Robert Gaudry and David Seegmiller. Dr. Gaudry has submitted notarized consent for Larry Knopp to submit the subject application. COPA3A61 Gaudry DenIa1.CUP.dce Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 3 FINDINGS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the required setbacks (yards), open spaces, parking, landscaping and other features required by the ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates this property as "High Density Residenfial" and it is currently zoned L-O (Limited Office). The Resolution Subdivision proj ect was approved under the former Comprehensive Plan; the new (2002) Comprehensive Plan does not reflect the approved plans for Resolution Subdivision. Staff finds that the requested use is in wmpliance with the Resolution CPD approved by the City in 2000. The 2002 Future Land Use Map does not accurately depict the City's approval of retail uses on the subject lot due to an apparent mapping oversight. Staff finds that the subject proposal is in compliance with the office land use policies outlined in the Comprehensive Plan. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the general design, construction, operation, and maintenance of the proposed dental office should be compatible with other uses in the general neighborhood and with the existing chazacter of the azea. Staff acknowledges that the existing character of the area will, and is, currently changing. Staff finds that development of this site will not adversely change the essential chazacter of area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed dental office use will adversely affect adjacent properties due to the similar uses called for within the L-O zoning designation. The Council CUP-03-061 Ga~dry Denral.CUP.doc Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004_ Page 4 should rely upon public testimony, staff's analysis and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fn•e protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; City water & sewer services run along Millennium Road and are stubbed to this lot. ACHD staff has approved this application with conditions for driveway location/constnrction and their standard requirements. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff fords that the proposed dental office use will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes the fact that traffic and noise will increase with the development ofthis site. Although the development of this site will create additional traffic on the surrounding roadways, staff does not believe that the amount of vehicle trips generated by the proposed development would be detrimental to the overall weifaze of the public, commuters, residences, or property in the area. Staffdoes not anticipate that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD staff has reviewed and approved two vehicular approaches to the site from the CUP-03-061 Gaudry Den1a1.CUP.doc Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 5 adjacent roadways. Please review the ACHD report for this project for additional information regarding this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. SPECIAL CONSIDERATIONS Parking/Circulation: The Applicant is proposing to construct 39 new parking stalls. With the approval of the Seegmiller dental office (CUP-03-024), 29 parking stalls were approved. Based on the proposed square footage of the subject building, the City requires only nine parking stalls. However, the proposed parking stalls are not all on the future Lot 2 of Gaudry Seegmiller Subdivision. Seventeen of the proposed thirty-nine stalls are on the future Lot 3. Further, the Site Plan shows two vehicular access points into the site from abutting public streets. Neither of the access points lies within the boundaries of the future Lot 2; they are off-site. No cross-access easements have been approved with Gaudry Seegmiller Subdivision. Prior to issuance of a Certificate of Zoning Compliance (CZC), the Applicant should provide staffwith a copy of a recorded cross-access/parking agreement allowing the lots within Gaudry 5eegmiller Subdivision to use the drive aisles and parking areas proposed. See Site Specific Condition #3 below. The Applicant has shown 25-foot wide drive aisles, 5-foot wide internal planters between parking stalls, and 19-foot long by 9-feet wide parking stalls. Staff is supportive of the overall design ofthe parking and drive aisles. However, the Applicant is proposing shrubs in the planter islands nearest the driveway on Millennium Way. Per Meridian City Code, all intemal planters shall not be less than 5 feet in width (inside curbs), shall contain a minimum of 50 square-feet and shall contain at least 1 tree and shall be covered with low shrubs, lawn, or other vegetative ground cover. See Site Specific Condition #4 below. Refuse Container Location/Desim: The Applicant has not shown any dumpster locations on site. Any dumpster(s) must be screened in accordance with MCC 11-12-1.C. Trash enclosures must be built in the location and to the size approved by the Sanitary Services Company (SSC). The Applicant should clari at the public hearine where the dumnster location for this dental office will be located. Prior to submittal of a Certificate of Zoning Compliance (CZC), the Applicant should submit a site plan, approved by SSC, approving a trash enclosure location and design. See Site Specific Condition #5 below. Gaudry Seeemiller Subdivision: Gaudry Seegmiller Subdivision has been approved, but not yet recorded. Because there is already a building approved for construction on this site CUP-03-061 Gaudry DrnfaLCUP.doc Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 6 (Seegmiller dental office), and the Applicant has not applied for a Planned Development allowing multiple buildings on one lot, Gaudry Seegmiller Subdivision must be recorded prior to obtaining a building permit. Prior to issuance of a Certificate of Zoning Compliance (CZC) for the subject dental office, Gaudry Seegmiller Subdivision shall be recorded. Further, the Applicant should be required to submit a letter into the record stating that they are aware that the subdivision is not yet recorded and are willing to take any risk associated with applying for a CUP before the plat is recorded. The 18-month expiration time for the CUP will begin upon approval of the CUP, whether or not the plat is recorded. See Site Specific Condition #6 below. SITE SPECIFIC CONDITIONS Applicant shall comply with the conditions of the recorded plat for Resolution Subdivision and Gaudry Seegmiller Subdivision. 2. The Applicant shall submit a conditional use permit for any future buildings on this site (Lot 2, Block 1, Resolution Subdivision). 3. Prior to issuance of a Certificate of Zoning Compliance (CZC), the Applicant shall provide staff with a copy of a recorded cross-access/parking agreement allowing the lots within Gaudry Seegmiller Subdivision to use the drive aisles and parking areas proposed. Al] parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide, as proposed. 4. Applicant shall revise the submitted Landscape Plan, prepared by Lany IZnopp, labeled Ll, and dated 10-10-03, to include one (1) approved tree (minimum 2 inch caliper) within the planter island near the driveway on Millennium Way. Other than the above mentioned change, the submitted Landscape Plan is approved. 5. At the public hearing, the Applicant shall clarify where a dumpster will be located for the proposed dental office. Prior to submittal of a Certificate of Zoning Compliance (CZC), the Applicant shall submit a revised site plan, approved by SSC, approving a trash enclosure location and design for this site. 6. The final plat for Gaudry Seegmiller Subdivision shall be recorded prior to issuance of a Certificate of Zoning Compliance (CZC). STANDARD CONDITIONS All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties/right-of--way. All parking lot lighting shall be in accordance with MCC 11-13-4C. CUP-03-061 Gaudry Dental.CUP.dce Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 7 Per MCC 12-13-7-9, all landscape azeas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 4. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. 5. An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 6. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being developed shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to issuance of a building permit. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. CUP-03-061 Gaudry DenheLCUP.doc Planning & Zoning Commission/Mayor & City Council Transmittal Date: January 2, 2004 Page 8 10. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. 11, Staff's failure to cite specific ordinance provisions or terms of the approved Resolution Development or the Gaudry Seegemiller Subdivision does not relieve the Applicant of responsibility for compliance. 12. The subject conditional use permit maybe revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 13. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. RECOMMENDATION Staff recommends approval of this application with the aforementioned conditions of approval. CUP-03-061 Gaudry I)ental.CUP.dm MnvoR - Cli;l~-r ROBERT D. CORRIE KLN w- nOU'GRS COUNCIE MEMBERS ,~ ~I II II I.HIEI IIRr P2CVEN'I'10~ WILLIAM L.M. iVARY .~Iq(~ ' „~ ~ ~ ~~ ~ IOSLPH SILVA ItEITH BIRD ~ .j 1 ~SIAIWIImP ' DLI U YCHIF} BRAINING TAMMY DE WEERD Y r; rug <:I I ~ BILL IOHNSUD C:HHRIE MCCANDLE55 ) _ = r ~ ~ ~ h'I IRAL PIRE COMMISSIONERS ~~ ~~ "~ '~ ~ 0 .ftsL I 11{!`$(i I{ICII~RD Lift EENG III V-I [;I /-~ ~ 'ICI ILI I I ~~) S Iii-~.~ t16RR1 iEIGHTON c `:.w; .~ ~ ~O$14SR ~ Z-1 5-I [vl'til,LlO.fT ... .. .: J.. I u:._.. A L: iA -~ ~l ~Il1 . LI ~%~~ ,I M~PiDiAN CITY/Ri?F{r"iI, I'_TRE DEPl~R'Pr.,r,N'I December 22, 2003 REC~IV~.I~ TO: Meridian Planning & Zoning Commission DEC ~ '' 3 2Qd3 FROM: Joseph Silva, Deputy Chief; Fire Prevention City Of Meridian City Clerk Office SUBJECT: Gaudry Dental Office CUP 03-061 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. RECF?~~~' `~ DEC 15 213 City of Meridino ~J ~ ~ p CityeC~lerk t)ffi,~a I~avill~L oL ~~l ~ ~ ~~ LJL0~7GC>t 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 1 December, 2003 William G. Berg Jr. City Clerk City of Meridian Meridian, ID 83642 RE: CUP 03-061 Gaudry Dental Office Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District arid no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you; Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District APPRO%IMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 RECEIVED DEC 153003 City of }mIeridian /~J/J~ ~~ ,Q 1,wN.~~. City Cler'-*s/,~1ff~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 11 December 2003 Larry R. Knopp, Architect 355 South Third Street Boise, ID 83702 RE: Land Use Change Application - Gaudrv Dental Office Dear Mr. Knopp: Phones: Area Code 208 OFFICE: Nampa 466-7661 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me aYthe District's office, or John P. Anderson, at the District's shop. Sincerely, ~ ~- ~~ Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Dr. Robert Gaudry, D.D.S., 6113 Overland Road, Boise, ID 83709 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS- 23,000 BOISE PROJECT RIGHTS - 40,000 A~ Ada County Highway District Sherry R. Huber. President 318 East 37th Street Susan S. Eastlake, 1st Vice President Garden CitylD 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus~ACHD.ada.id.us December 3, 2003 TO: Dr. Robert Gaudry 6113 Overland Road Boise, Idaho 83709 SUBJECT: MCUP03-061 Dental Clinic South Millenium Way & East Gala Street RECEIVED DEC - 5 2003 City of Meridian City Clerk Office On April 29, 2003, the Ada County Highway District Commissioners acted on MPFF03-002 for Gaudry Seegmiller Subdivision. The conditions and requirements also apply to MCUP03-081. If you have any questions or concerns please feel free to contact this office at (208) 387-6170. Sincerely, e~ . ~ J ce ewton Development Analyst Right-of-Way & Development Services CC: Project File Drainage/Utilities/Construction Services Lead Agency: City of Meridian Larry Knopp 355 S. 3rd Street Boise, Idaho 83702 0 0 M II r ~5 G ~_ Z V J H D b'. O ~N I.L w O d ti °o N T Q ^S~ ~! Q M ~noao lsn~o~ • `-` y ~~ ~ \ ~~ LdRR1' R. ICNOPP •.~aor•su~ iuu;" ~ , -ss w:~ m o avers w aao ~a-r s-z ~sr La..wir~ ~' _''~'+.h. Ada County Highway District Right-oJ-Way d'c Uevetopment Department Planning Review Division This application does not require Commission action and is approved at the staff lave! as of Tuesday, Apri! 29, 2003. Tech Review for this item was held with the applicant on Friday, Apri125, 2003. Please refer to the Attachment for appeal guidelines. Sfaff contact: Joyce Newton, 208-387-6179 phone, 208-3876393 fax, jnewton@a chd. ada. id. us File Numbers: MPFF03-002/Gaudry Seegmiller Subdivision Site address: Southeast corner of East Gala Street and South Millennium Owner/Applicant: Robert C. Gaudry & David E. Seegmiller 11774 W. Oneida Drive Boise, Idaho 83704 Representative: Gordon Anderson 1401 Shoreline Drive Boise, Idaho 83702 Application Information: The Ada County Highway District (ACHD) staff has received the above referenced application requesting preliminary plat approval to 3-lot commercial subdivision. The site is located on the southeast corner of East Gala Street and South Millennium Way. This is a re-plat of Lot 2, Block 1 of Resolution Subdivision. ACHD Commission approved Resolution Subdivision on May 3, 2002. No changes are being proposed for the previously approved roadways. Acreage: 1.55 Current Zoning: L-O (Limited Office) Proposed Zoning: No Change is proposed Vicinity Map Gaudry Seegmiller sale Earl Gala Store! and 8oulh Millennium A. Findings of Fact Trip Generation: This development is estimated to generate 16 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: The site is currently vacant. 5. Description of Adjacent Surrounding Area: a. North: Undeveloped/Commercial b. South: Undeveloped/Commercial c. East: Undeveloped/Commercial d. West: Single-Family Residential/Undeveloped 6. Impacted Roadways Gala Street: Frontage: Approximately 290-feet Functional Street Classification: Local Commercial Traffic count: Speed limit: Millennium Way: Frontage: Functional Street Classification: Traffic count: Speed limit: No count available 25-mph Approximately 180-feet Local Commercial No count available 25-mph Roadway Improvements Adjacent To and Near the Site/ Existing Right-of•Way South Millennium Way is a local commercial roadway constructed as a 40-foot street section with curb, gutter and sidewalk within 58-feet of right-of-way. East Gala Street is a local commercial roadway constructed as a 40-foot street section with curb, gutter and sidewalk within 58-feet of right-of-way. 8. Existing Access to the Site There is an existing shared access located on South Millennium Way located approximately 315-feet south of the edge of pavement of Gala Street. 9. Site History ACHD Commission approved Resolution Subdivision on May 3, 2000. ~~ 10. Capital Improvements Plan/Five Year Work Program This location is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration Right-of-Way District policy requires 54-feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and a 5-foot wide detached concrete sidewalk. 2. Driveways District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). The applicant is proposing to utilize the existing shared curb return driveway located on South Millennium Way located approximately 180-feet south of fhe edge of pavement of Gala Street. The applicant is not proposing any additional driveway locations on Gala Street or Millennium Way with the preliminary plat application. When the District receives a formal application for the commercial uses, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. This will allow a single inbound lane and separate left and right-turn lanes for outbound travel. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Sidewalks District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order. to correct deficiencies or replace deteriorated facilities. C. Site Specific Conditions of Approval Utilize the existing shared access located on South Millennium Way located approximately 180-feet south of Gala Street (measured near edge to near edge). This location meets District policy and shall be approved with this application. 3 -i 2. Provide a recorded cross access easement for the parcels to use this shared access to the public street. 3. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of South Millennium Way. 4. When the District receives a formal application for the commercial uses, the District will review and approve driveway locations in accordance with the policies and guidelines that are in effect at that time. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file Number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers} for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall co~~ act ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative 4 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACRD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the reverse, in whole or part, or otherwise modify, amend appealed, as such action is adequately supported by the hearing. Commission shall either affirm or or supplement the decision being the law and evidence presented at Appeal Guidelines CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division RECEIVE~eturnto: DEC - 2 2003 a~~_ of Preliminary /Final /Short Plat / \ ~y~ ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ ACZ ^ Star G~-1- We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. - -- - - 4. We wilt require more daf concerning mil cohaifions on this Ptop©sal 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 ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or sudace waters. ^ 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 tc and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. 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 ^ 14. Please see attached stormwater management recommendatations ^ 15. Reviewed By: Date: /~11~1~ ~~/,~~ ~C ~oHD9~o,~ Review MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ;, , "'A ~_ CITY OF la%~~_ . eri~lcn~~~~ ,~ ~i IDAHO ~ j a ~Ce Re µ, -rgEASUftE VN~V SINCE 1903 LEGAL DEPARTMENT (208) 46G-9272 • FAX 4G6-4405 PARKS& RECREATION (208) 888-3579 • Pnx 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 864-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: January 1, 2004 Transmittal Date: November 20, ZOOS Hearing Date: January 8, 2004 File No.: CUP 03-061 Request: Conditional Use Permit for a dental office in a L-O zone for Office By: Dr. Robert i_ocation of Property or Project: southeast corner of Mlllenium Way and Gala Street David Zaremba, P/Z (No VAR, vac, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P2 (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ater Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner ~fLi Y , NOV 2 0 2003 RECEIVED ~~~`'t ~r' MERIDIAN NOV 25.2003 '.°s.9TEV~'ATEI2 DEPT. Cityot'i~sridian City Cterk Of~ae 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Meridian School District (No FP) Meridian Post Office (FP/PP Only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP Dory) U.S. West (FPiPP Doty) Intermountain Gas (FP/PP ~~ty) Bureau of Reclamation (FP/PP only) Idaho TraAs,~partment (No FP) t~aa (TT anon only) Ada ounty rdS (FP/PP ~~ty) Meridian ent Corporation Histo cal P ion Commission Your Concise Remarks: MAYOR Rober[ D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird -. ~_ CITY OF *r~~;'• 'i'S .~ eri~i~n i~ IDAHO LEGAL DEPARTMENT (208) 46G-9272 • FAX 4GG-4405 PARKS & RECREATION (208) 888-3579 • Fax 895-550 f PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 8845533 • Fax 688-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office 1, 2004 Transmittal Date: November 20, 2003 Hearing Date: Janus 8, 2004 File No.: CUP 03-061 Request: Conditional Use Permit for a dental office in a L-O zone for Gaudry Dental OfFice Attn: Will Berg, City Clerk, by: By: Dr. Location of Property or Project: corner of and Gala David Zaremba, P2 (No vAR, vac, FP) Jerry Centers, P/Z (No vAR, vac, FP) Leslie Mathes, P2 (No vaR, VAC, FPJ Michael Rohm, P2 rNo vAR, VAC, FPJ Keith Borup, P2 (No VAR, vac, FPJ Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C K ith Bird, C/C herie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FPiPP ~~ty) Intermountain Gas (FP/PPonty) Bureau of Reclamation (FPiPPOnty) Idaho Transportaticn Department (No FP) Ada County (annexation onty) Ada County Land Records (FPiPP onty) Meridian Development Corporation Historical Preservation .. . RECEIVED NOV 2 4 2003 Ch~i;tt+y (O(~~f Mk~er((i~~dian 33 EAST IDAHO AVENUE • MERID7AN1~AH~c3642 • (208) 888-4433 City Clerk Office Fax (208) 888.4218 Human Resources Fax (206) 884-8723 Finance & Utility Billing Fax (208) 887-4813 MAYOR Rober[ D. Come CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird "7 ~`:= CITY OF 1+.~~~~.r. - C~rt~i~n ~fi ll IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 46G4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Pax 867-1297 PLANNING & ZONING (208) 884-5533 • Fax 883-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: 1, aooa Transmittal Date: November 20, 2003 Hearing Date: January 8, 2004 File No.: CUP 03-061 Request: Conditional Use Permit for a dental office in a L-O zone for Gaudry Dental By: Dr. Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Location of Property or Project: southeast comer of Millenium Way and Gala Street David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No YAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) _ Building Department Fire Department Police Department City Attorney C' Engineer City Planner Parks Department Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP oNy) U.S. West (FP/PP only) Intermountain Gas (FP/PPoMy) Bureau of Reclamation (FPPP Doty) Idaho Transportation Department (No FP) AdaCOUnty (Annexationonty) Ada County Land Records (FPiPP Dory) Meridian Development Corporation NOV 1 1 1003 City 0'f Meridians City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Historical Preservation Commission v.,, ,. r,.....~..., o,..,...,.1,... REC~~~ 5. EASEMENTS Jara - a zoos cry of ~xii~~~~T 5.1 Ingress, Euress and Parking. Each Owner, as grantor, hereby grants to the other Owners, theur respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic, and vehicular parking upon, over and across those portions of the Common Area located on the grantor's Parcel(s) which are improved as paved parking and driveways areas and sidewalks. The reciprocal. rights of ingress and egress set forth in this Section 5.1 shall apply to the Common Area for each Parcel. 5.2 Utility Lines. (a) Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, a perpetual nonexclusive easement under, through and across that portion of the Common Area located on the grantor's Parcel(s) depicted in Exhibit "A" hereto, for the installation, operation, maintenance, repair and replacement of Utility Lines. All such Utility Lines shall be installed and maintained below the ground level or surface of such easements except for ground mounted electrical transformers and such other Utility Lines as are required to be above ground by the utility providing such service (including temporary service required during the construction, maintenance, repair, replacement, alteration or expansion of any buildings or improvements located in the Professional Center). The installation, operation, maintenance, repair and replacement of such Utility Lines shall not unreasonably interfere with the use of the improved Common Area or with the normal operation of any business in the Professional Ceder. The grantee(s) shall be responsible for and shall bear all costs related to the installation, operation, maintenance, repair and replacement of such Utility Lines, shall repair to the original specifications any damage to buildings, improvements, signs, Utility Lines or Common Area resulting from such use and shall provide as-built plans for all such Utility Lines to the Owners of all Parcels upon which such Utdity Lines are located within thirty (30) days after the date of completion of construction of same. All costs associated with the installation, operation, maintenance repair and replacement of Separate Utility Lines shall be borne solely by the Owner of the Parcel served thereby. All costs associated with the installation, operation, maintenance repair and replacement of Common Utility Lines shall be allocated among the Owners of the Parcels in equal shares. Except as maybe otherwise provided in Section 7, the installation, operation, maintenance, repair and replacement of Common Utility Lines maybe performed by the Owner of any Parcel served thereby. The Owner performing such installation, operation, maintenance, repair or repincement of a Common Utility Line ("Perfomung Owner") shall bill the Owner(s) of the other Parcel(s) served thereby for each such Owner's proportionate shaze of the costs incurred by the Performing Owner, and such costs shall be payable within thirty (30) days after receipt of an invoice therefor and, if requested, reasonable supporting documentation. (b) At any time and from time to time tbe Owner of a Parcel shall have the right to relocate on its Parcel any Utility Line installed pursuant to the foregoing grant of easement which is then located on such Owner's Parcel, provided that any such relocation (i) shall be performed only after sixty (60) days notice of the Owner's invention to undertake the relocation shall have been given to the Owner of each Parcel served by the Utility Line, (ii) shall not unreasonably interfere with or diminish utility service to the businesses served by the Utility Line, (iii) shall not reduce or unreasonably impair the usefuhtess or function of the Utility Line, (iv) shall be performed without cost or expense to the Owner or occupant of any other Parcel, and (v) shall provide for the original and relocated area to be restored to the original specifications. The Owner performing such relocation shall provide as-built plans for all such relocated Utility Lines to the Owners of all Parcels served by such Utility Lines within thirty (30) days after the date of completion of such relocation. (c) Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the Utility Lines described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. 5.3. Permanent Acxess Easement. Each Owner, as grantor, hereby grants to the other Owners, their respective tenants, contractors, employees, agems, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Pazcel belonging to the other Owners, as grantees, a perpetual non-exclusive easement for ingress a~ egress by vehicular and pedestrian traffic upon, over and across that portion of the Conunon Area located on the grantor's Parcel(s) which are improved as paved pazking and driveways areas and sidewalks. The reciprocal rights of ingress and egress set forth in this Section 5.3 shall apply to the Common Area for each Pazcel. 5.4. Temporary Emergency Vehicle Access. The Declazants, as grantor, hereby grant to the Owner of Lot 3, Block 1, Resolution Park Subdivision No. 1, as grantee, a temporary easement over and across that portion of the Common Area located on Lot 1 of the Subdivision which is improved for vehicular traffic for the limited purpose of providing emergency vehicle access between East Gala Street and said Lot 3, Block 1, Resolution Pazk Subdivision No. 1. The easement herein granted shall lapse in accordance with the provisions of the Findings Of Fact And Conclusiorvs Of Law And Order OF Conditional Approval OF Preliminary/Final Plat adopted by the Meridian City Council in Case No. PFP-03-002. 5.5. Self Help Easement. Each Owner, as grantor, hereby grants to the other Owners, their respective employees, agents, and contractors, as grantee, an easement to enter that portion of the Common Area located on the grantor's Parcel(s) for the purpose of (a) protecting the Common Area and operating or performing any maintenance, repairs, resurfacing or replacements pursuant to Section 7 hereof, or (b) performing such work on the grantor Owner's Parcel as is necessary to cure any default by the grantor Owner under this Declaration (provided and to the extent the grantee Ovymer has the express right to cure said default under this Declaration), and to perform any obligations or exercise any other rights the grantee Owner has under this Declaration. CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE January 8, 2004 ITEM # PROJECT NUMBER - s zoa4 CI'1"'Y U~" trt;i~1D1A~ 11 CUP 03-061 PROJECT NAME Gaudry Dental Office NAME (PLEASE PRINT) FOR AGAINST NEUTRAL