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HomeMy WebLinkAboutDevon Park No. 1&2 CUP 03-055RECEIVED FEB 0 4 2004 City Of Meridian BEFORE. THE CITl' COUNCIL. OF 7'HE CITY OF'~IER[DIAN City Clerk Office C/C 01/13/04 Revised per C/COl/27/04 iN THE MATTER OF THE REQUEST FOR CONDITIONAL USE, PERMIT TO CONSTRUCT A 2,,000 SQUARE FOOT BUILDING W1TH A DRIVE UP WINDOW IN A C-N ZONE, FOR DEVON PARK SUBDIVISION NO. ] & 2, LOCATED ON THE NORTH SIDE OF P'AIRVIEW APPROXIMATELY A % MILE WEST OF LOCUST GROVE ROAD (PHYSICAL ADDRESS IS 834 E. FAIRVIEW AVENUE), NIE~R1DlAN, IDAHO Case No. CUP-03-055 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT HOPKINS FINANCIAL SERVICES, INC., APPLICANT The above entitled conditional nse penniY application having come before the City Couucil on January 13, 2004, at the hour of 7:00 p.m., at Meridian City Hali, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Cotmnission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 19 Order to-wit FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 13, 2004, before the City Council the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 13, 2004 public hearing; and the applicant, affected property owners, and government subdivisions providing services within the plamling jurisdiction of the City of Meridian, having been given full opportunity to express comments and submiC evidence. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6d12, and Meridian City Code §S l 1-15-5 and 1 I-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPublication and Proof of Posting fled with the staff report. 3. This proposed development request is in C-N zone, and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of Fairview approximately a %z mile west F1ND1NG5 OF FACT AND CONCLUSIONS OF LAW AN'D DECISIONAND ORDER GRANTING CONDITIONAL USE YERAIIT PAGE 2 OF 19 of Locust Grove Road (physical address is 824 E. Fairview Avenue), Meridian, Idaho. The owner of record of the subject property is Fairview Lakes, LLC, and they have submitted an affidavit of legal interest to allow the submittal for the planned developmenC. Applicant is Hopkins Financial Services, Inc. The subject property is currently zoned C-G. Said zoning districts are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a ^ew 25,000 s.f. retail building with adrive-up window in the C-G zone within the Fairview Lakes development. Drive-up windows in the City ofMeridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and al I current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hropact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 19 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 planningjmisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering, staF( as follows: Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUP/PD, unless modified below. 2. No certificate of occupancy shall be issued for the proposed building until the final plat for Devon Park Subdivision No. 1 is recorded. (Per action of the City Council Cakeu at their .lanuary 27, 2004 meeting.) 3. A minimum 20-foot wide landscape buffer shall be constructed adjacent to the west property line, beginning approximately 150 feet north of E. Fairview Avenue and extending to the north boundary of the subject property. The buffer shall be designed in accordance with MCC 12-13-12, except that additional trees (beyond the 1:35 feet ratio) shall be planted adjacent to the building's west elevation. 4. The applicant shall comply with the condition of Sanitvy Service Company to allow a minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall coordinate the design and location of the trash receptacles with SSC. 5. In accordance with Condition #3 ofthe Devon Park Subdivision No. 1 final plat, the frontage landscaping along E. Fairview Ave is required to be landscaped prior to the City Engineer's signature on the final plat. 6. As proposed, the west building elevation shall be designed without any service or delivery doors. 7. The drive-up window shall be relocated on the east elevation to allow for a minimum stacking depth of 70 feet from the window to the drive through lane entrance. 8. The 23-foot wide driveway aisles shown are not approved and shall be designed to comply with MCC 11-13-4.F (min. 25 feet). FiND1NCS OF FACT AND CONCLUSIONS OF LAW AND DECTS[ON AND ORDER GRANTING CONllI'f1ONAL USE PERYi1T PAGE 4 OF 19 9. A minimum of four (4) standard size handicap stalls and one (1)van-accessible stall shal l he provided to serve the proposed building. Add at least one (1) more handicap parking stall to the Site Plan. 10. The "Honey Locust' tree species shown on the plan shall not be a thorned variety. 1 l . All internal parking planters that serve two rows of parking shall provide a mitumum of two trees, per MCC 12-13-11-3.E. The detailed landscape plan submitted with the Certificate o f Zoning Compliance application shall reflect this revision. 12. [fthebuilding is a nndti-tenant stntcture, an application for aPlanned SignProgram shall be submitted poor to any signage being approved for the site. STANDARD CUP CONDITIONS 1. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, su-iping, landscaping, and irrigation). A bid trust accompany anyrequest fortemporaiy occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. Any drainage areas (detention retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all stones up to and including a 100-year stone event. Side slopes within drainage areas shall not exceed 3:1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. I f a s urface o r w ell s ource i s n of available, a s Ingle-point connection to the culinary water s ystem shall b e r equired. I f a s Ingle-point c onnection i s utilized, the developer shall be responsible for the payment of assessments for the conuno^ areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive ofnattual waterways, intersecting, crossing or lying adjacent and contiguous to the areabeing subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate itrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER'VIIT PAGE 5 OF 19 Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. No signs are approved with the application. Al] signage requires separate permits. 8. All development and construction shall comply with the Ao~ericans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 1 1-l 3. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Corrunercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. The fire department requests that any future signalization installed as the result of the developmenC of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a hirning radius of 28' inside and 48' outside. 6. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical sneet width of 33' will be allowed to have parking on both sides. The typical street with a minimum width of 29' wilt be required to have restricted parking to only one side. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. C. Adopt the Recommendations ofCentral District Health Depamneut (CDHD) as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIVII,T PAGE 6 OF 19 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Devon Park I & II (plat) have not yet been approved by CDHD. D. Adopt the Recommendations of Ada County Highway District as follows: On July l0, 2002, the ACRD Commissioners acted on MAZ02-O11 /MCUP02- 014/MPP02-34/MPP03-006/Devon Park #1 and #2 (Fairview Lakes). The conditions and requirements also apply to MCUP03-054. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: A Land Use Change Application has been filed, all drainage has been approved and the pressure irrigation has been addressed. Therefore, no further conunent is required or necessary. F. Adopt the Recommendations ofSanitary Service as follows: 1. The enclosure size appears adequate, however, drive on capability is not. 60' minimum frontage clearance required. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. However, in order for the required landscape buffer between the retail use and the existing mobile homepark to comply with the ordinance, it must be widened. (See Site Specific condition #3.) This will involve a ~-foot shift adjacent to the building and a 15-foot shift adjacent to the parking lot. Unless otherwise approved, this will result in the removal of approximately 16 parking stalls adjacent to the west boundary. There are 125 required parking stalls for Retail Building No. 1 and 30 stalls for the future pad site, for a total of 155 stalls on Lot 1 and 2, Block 1 (the area west of N. Lakes Ave). The applicant is proposing 218 parlting stalls on these two lots. It is concluded that the site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 19 is large enough to accommodate the proposed uses, even if some parking must be removed to provide for the required buffer on the west property line. The other potential site modification relates to the condition of Sanitary Service Co. (SSC), who is requesting a "Hold" to be placed on the application until an alternative location be identified for the trash enclosure. The applicant must coordinate the design and location of the trash receptacles with SSC. (See Site Specific condition',~4.). 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing retail uses, are met with this plan. Itis found that the proposed commercial/retail uses is harmonious with and in accordance wiU~ the Comprehensive Plan. 1S. It is found that it has previously been determined that the proposed uses and sire configuration will be compatible with the general neighborhood. The buffer between the ]and uses on the west property line will be widened in order to comply with MCC L- 13-12-4. [n addition, it is found that the building design would be most compatible with Fairview Ten ace Estates mobile home park if the west elevation is constructed with no service doors. (See Site Specific condition #6.) Doug Tamura has verbally informed Planning and Zoning that the west elevation will not have any service or delivery doors. 16. It is not anticipated that the revised project will have an adverse impact on other properties withn~ the vicinity. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land use widths. 17. Tt is found that the revised development plans will be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 19 essential public facilities and services. The applicant has already received approval for these services as part of previous applications. 18. It is found that the proposed use would 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 that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. 19. It is found that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. A' is further found that the approval of the revised projecC will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental. to the welfare of the City and the subdivision's neighbors. 20. It is found that the proposed use and vehiculaz approaches will not create signi ticant interference with any traffic on the surrounding public streets. A traffic signal has been approved for the intersection of N. Lakes Avenue and E. Fairview Avenue, which should enhance the movement and circulation of traffic in this area. Refer to the ACHD report for this project for additional information. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by issuance o(this conditional use. The Jackson Drain in Devon Park No. 2 is being left open as an amenity of the development. Existing trees greater than 4' caliper must be retained or mitigated for, if removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF ]9 CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the teens of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same dial the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND O12DER GRANTING CONDITIONAL USE PERIVIIT PAGE 10 OF 19 vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f ThaC the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Mixed'Use Community (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within ttuee hundred feet (300') of the external boundaries of the ]and under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 1 1-7 7-~ City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and iu industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAN' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE ll OF 19 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning acid Development Ordinance, and Idaho State law. (Meridian City Code § 1 1- ] 7-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, ?002, Resolulion'Vo. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NO«', FINllINGS OF FACT AND CONCLUSIONS OF LAy'v' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicanC is granted a conditional use permit for construction of a new 2,000 s.f. retail building with adrive-up window iu the C-G zone withi^ the Fairview Lal<es development for Devon Park Subdivision No. ] & 2 located on the north side of E. Fairview Avenue approximately a %z mile west of Locust Grove Road (physical address is 824 E. Fairview Avenue), Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUP/PD, unless modified below. 2. No certificate of occupancy shall be issued for the proposed building until the final plat for Devon Part: Subdivision No. l is recorded. (Per action ofthe City Council tzil<en at their.lanuary27, 2004 meeting.) 3. A minimum 20-foot wide landscape buffer shat l be constructed adjacent to the west piaperty line, beginning approximately 150 feeC north of E. Fairview Avenue and extending to die north boundary of the subject property. The buffer shall be designed in accordance with MCC 12-13-12, except that additional trees (beyond the 1:35 feet ratio) shall be planted adjacenC to the building's west elevation. 4. The applicant shall comply with the condition of Sanitary Service Company to allow a minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall coordinate the design and location of the trash receptacles with SSC. ~. hl accordance with Condition #3 ofthe DevonPark SubdivisionNo. 1 final plat, the frontage landscaping along E. Fairview Ave is required to be landscaped prior to the City Engineer's signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL IISE PERMIT PAGE l3 OF 19 6. As proposed, the west building elevation shall be designed without any service or delivery doors. 7. The drive-up window shall be relocated on the east elevation to allow for a minim~m~ stacking depth of 70 feet from the window to the drive tlrr-ough lane entrance. 8. The 23-foot wide driveway aisles shown are not approved and shall be designed to comply with MCC 11-13-4.F (min. 25 feet). 9. A minimum of four (4) standard size handicap stalls and one (1)van-accessible stall shall be provided to serve the proposed building. Add at least one (1) morehandicap parking stall to the Site Plan. 10. The "Honey Locust°' tree species shown on the plan shall not be a thorned variety. 1 1. Al] internal parking planters that serve two rows ofparlcing shall provide a ininimuol oftwo trees, per MCC 12-13-11-3.E. The detailed landscape plan submitted with the Certi 6cate of Zoning Compliance application shall reflect this revision. 12. If the building is amulti-tenant structure, an application for a Planned Sign Program shall be submitted prior to any signage being approved for the site. STANDARD CUP CONDITIONS Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and imgation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to Ule start of construction. 3. Any drainage areas (detentio»/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms ap to and including a 100-year stomp event. Side slopes within drainage areas shall not exceed 3: I . 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City ofMeridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. I f asurface or well s ource i s n of a vailable, a s Ingle-point connection to the culinary water s ystem shall b e r egttired. I f a sIngle-point c onnection i s FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 19 utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. 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. 6. Submit compaction test results to the Meridian Building Department for all buildiog pads within lots receiving engineered backfill. 7. No signs are approved with the application. All signage requires separate permits. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: I . Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrvrts shall be placed an average of 400' apart. 2. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical sen~ice vehicles. This cost of this installation is to be borne by the developer. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a himing radius of 28' inside and 48' outside. 6. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 33' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. Operational fire hydrants and temporary or permanent sheet signs are required before combustible construction begins. F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER GRANTING CONDiTIONAh USF. PERMIT PAGE 15 OF 19 C. Adopt the Recommendations of Central District Health Department (CDHD) as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. 4. Devon Park I & II (plat) have not yet been approved by CDHD. D. Adopt the Recommendations of Ada County Highway Dishrct as follows: L On July 10, 200?, the ACRD Conunissioners acted on MAZ02-Ol l/MCUP02- 014/MPP02-34/MPP03-006/Devon Parlc #l and #2 (Fairview Lakes). The conditions and requirements also apply to MCUP03-054. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. A Land Use Change Application has been filed, al] drainage has been approved and the pressure irrigation has been addressed. Therefore, no further cmnmeot is required or necessary. F. Adopt the Recommendations of Sanitary Service as follows: 1. The enclosure size appears adequate, however, drive on capability is not. 60' minimum frontage clearance required. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall mcct such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 19 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) N[ONTH CONDITIONAL USE PER1V(IT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. hr this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply Co the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF ]9 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and. must be filed with the City Clerk not more than Cwenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2~ ~~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTF,D_ COUNCILMAN BILL NARY VOTED._ COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED ~'~- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: /-Z~~Q¢ MOTION: APPROVED:_~ DISAPPROVED: T n y de Weerd Attest: liam G. Berg, Jr., City `````````,p~ppl 11 n uryrrll~~~/''''i ~~~ ms's S~~.L 9 Anj .6 9 O /yT tss •, ,~ ~~ /,R/~~?~c°~"U~'~a~d' ~`OP~~``\` Qr1U1111Uq Copy served upon Applicant, Planning and ~~SftarrgrSs~~~i'artment, Public Works ~~~~" ~ r!l~~h Department and the Cify Attorney. By:~~"'^' ~ ~ Dated: City Clerk ~~~ .~ y o`°~~ o~~ 9,y'', .~ ~~' rFO Z ~ q-©~_ 5~~.~L . +,~ P ,, ;~` Z:\Work\M\Meridian\Meridian 15360M\Devon Park Sub No. I & ? CUP-03-055\FfCIsCUPU3-lli5.doc l"%~q ~I,fI^~~ ' p~'` dlpvd:;r Irnp"~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT J PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN GC Olll3/04 Revised per GC OU27/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A 25,000 SQUARE FOOT BUILDING WITH A DRIVE, UP WINDOW IN A C-N ZONE FOR DEVON PARK SUBDIVISION NO. 1 & 2, LOCATED ON THE NORTH SIDE OF FAIRVIEW' APPROXIMATELY A % IHLE WEST OF LOCUST GROVE RAOD (PHYSICAL ADDRESS IS 824 E. FAIRVIEW AVENUE), MERIDIAN, IDAHO HOPKINS FINANCIAL SERVICES, INC, APPLICANT 1 Case No. CUP-03-055 ORDER GRANTING CONDITIONAL USE PERbIIT This matter coming before the City Council on January 13, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for construction of a new 25,000 s.f. retail building with adrive-up window in the C-G zone within ORDER CONDITIONAL USE PERMIT (CUP-03-055) PAGE I OF 7 the Fairview Lakes development for Devon Park Subdivision No. 1 & 2 located on the north side of Fairview approximately a % mile west of Locust Grove Road (physical address is 824 E. Fairview Avenue), Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUP/PD, unless modified below. 2. No certificate of occupancy shall be issued for the proposed building until the final plat for Devon Park Subdivision No. 1 is recorded. (Per action of the City Council taken at their .ianuary 27, 2004 meeting.) 3. A minimum 20-foot wide landscape buffer shall be constructed adjacent to the westproperCy line, beginning approximately 150 feet north of E. Fairview Avenue and extending to the north boundary of the subject property. The buffer shall be designed in accordance with MCC 12-13-12, except that additional trees (beyond the 1:35feet ratio) shalt be planted adjacent to the building's west elevation. 4. The applicant shall comply with the condition of Sanitary Service Company to allow a minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall coordinate the design and location of the trash receptacles with SSC. 5. In accordance with Condition #3 of the Devon Park Subdivision No. 1 final plat, the frontage landscaping along E. Fairview Ave is required to be landscaped prior to the City Engineers signature on the final plat. 6. As proposed, the west building elevation shall be designed without any service or delivery doors. 7. The drive-up window shall be relocated on the east elevation to allow for a minimum stacking depth of 70 feet from the window fo the drive through. lane entrance. 8. The 23-foot wide driveway aisles shown are not approved and shall he designed to comply with MCC ] 1-13-4.F (min. 25 feet). OKUEl2 CONDITIONAL USE PERMIT (CU,I'-03-055) PAGE 2 OF 7 A minimum of four (4) standard size handicap stalls and one (l)uau-accessible sta] I shal I be provided to serve the proposed building. Add at least one (1}more handicap parking stall to the Site Plan. 10. The "Honey Locust" tree species shown on the plan shall not be a thorned variety. 1 l . All internal parking planters that serve two rows of parking shall provide a minimum of two trees, per MCC 12-13-11-3.E. The detailed landscape plan submitted with the Certificate of Zoning Compliance application shall retlect this revision. f 2. Ifthebuilding is amulti-tenant structure, an application for a Planned Sir Program shall be submitted prior to any signage being approved for the Bile. STANDARD CUP CONDITIONS Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Cerf i licate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in Che, 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior Co Che start of construction. 3. Any drainage areas (detention retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3:1. 4. Underground year-round pressurized irrigation must be provided fo all lots within this development. The City ofMeridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing sur[ace or well water for the primary source. I f a s urface o r w ell s ounce i s not available, a s Ingle-point connection to the culinary water s ystem s hall b e required. I F a single-point c onnection i s utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance f 2- 4-13. 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. ORDER CONDITIONAL lI5E PERMIT (CUP-03-055) PAGE 3 OF 7 Submit compaction test results to the Meridian'Building Department for all building pads within lots receiving engineered backfill. 7. No signs are approved with the application. All signage requires separate permits. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 1 ]-13. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. The fire department requests that auy future signalization installed as the result of the development of this project be equipped with Opticorn Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridiazl Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 6. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical sheet width of 33' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. C Adopt the Recommendations of Central District Health Department (CDHD) as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. ORDER CONDITIONAL USE PERMIT (CUP-03-055) PAGE 4 OF 7 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Devon Park I & II (plat) have not yet been approved by CDHD. D. Adopt the Recommendations of Ada County Highway District as follows: On .luly 10, ?002, the ACRD Commissioners acted on MAZ02-Ol L/MCUP02- 014/MPP02-34/MPP03-006/Devon Park #1 and #2 (Fairview Lakes). The conditions and requirements also apply to MCUP03-054. E. Adopt the Recommendations ofNampa & Meridian Irrigation DisU ict as Follows: 1. A Land Use Change Application has been filed, all drainage has been approved and the pressure imgation has been addressed. Therefore, no further comment is required or necessary. F. Adopt the Recommendations of Sanitary Service as follows: The enclosure size appears adequate, however, drive on capability is not. 60' minimum frontage clearance required. 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. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (] 8) months unless otherwise approved by the council. During this time, the permit ORDER CONDITIONAL tiSE PERMIT (CUP-03-OSS) PAGE 5 OF 7 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building consa-uction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submiC an application for a time extension on the project for city council review. The application for tune extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (] 8) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of ooe year from the original date of approval by the council If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- a.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerl< not more than twenty-eight (28) days after the final decision concerning Ore matter at ORDER CONDITIONAL USE PERMIT (CUP-03-055) PAGE 6 OF 7 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Mcridiau, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date oI this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 27~~ y ~~~'~ , 2004. Attest: William G. Berg, Jc, City Copy served upon Applicant, the Planning and City Attorney. City Clerk !~ ;~~~y Ci vnuuiuiggi ~~ Fo SEAL \ST iS1 • _~F a-~- /_:\\A'nii<\M\Meridian\Meridian ISJ60M\Devon Pad<Sub No. I &2 CUP-03-054\OrderCUBdoc ORllER CONDITIONAL USE PERMIT (CUP-03-055) dayot Tamm de eerd, Mayor City ofMeridiui PAGE 7 OF 7 Public Worl<s Dcparunent \~~~i~\nnnuN' ,`,~~~ l pF I.RFq,O °~° /,y' .,, 0 ¢= L 9G ~G~ 9Q GG~ r 7 ST • , K' ~~