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HomeMy WebLinkAboutGaudry Dental Office CUP 03-061interoffice MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols RECEIVED FEB 1 i 2904 Of. Meri di Subject: BY: DR. ROBERT GAUDRY, D.D.S. FOR CONDITIONAL USE PERMIT FOR GAUDRY DENTAL IN AN L -O ZONE File No.: CUP -03-061 Date: February 10, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. ZAWmk%fWvridi %4mi" 15360M1Cmdry Dean Office CUP-03-0611C0dArCUPfidz&0rdw 021004.dm BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE iV1ATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DENTAL OFFICE IN AN L -O ZONE, LOCATED ON THE SOUTHEAST CORNER OF MILLENNIUM WAY AND GALA STREET, APPROXIMATELY 300 FEET SOUTH OF OVERLAND ROAD AND APPROXIMATELY '/ OF A MILE EAST OF LOCUST GROVE ROAD, WITHIN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO DR. ROBERT GAUDRY, APPLICANT C/C 02/03/04 Case No. CUP -03-061 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on February 3, 2004 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Alma Powell Planning Director for the Planning and Zoning Department, and Larry Knopp, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE I OF 17 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 February 3, 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 February 3, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. This proposed development request is in an L-0 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. The property is located on the southeast corner of Milleruiium Way and Gala Street, approximately 300 feet south of Overland Road and approximately', of a mile east of F11*, DiNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 17 Locust Grove Road, within Section 20, Township 3 North, Range l East, Meridian, Idaho. The owners of record of the subject property are Dr. Robert Gairdry and Dr. David Seegemiller. 6. Applicant is Dr. Robert Gaudry. The subject property is currently zoned L -O. The zoning district of L -O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to construct and operate a dental office in an L -O zone. The Resolution Subdivision Planned Development was conceptually approved without specific uses in 1999 and required a CUP be obtained for all future, detailed uses. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance, and by the Planned Development of record for Resolution Subdivision. It. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT .AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 17 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: Amend Site Specific Condition 45 on page 6 of the staff report transmitted on December 31, 2003, by changing it to read: The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS 1. 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 buildines on this site (Lot 2, Block I, 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. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide, as proposed. 4. Applicant shall revise the submitted Landscape Plan, prepared by berry Knopp, labeled L1, 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. The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. 6. The final plat for Gaudry Seegmiller Subdivision shall be recorded prior to issuance of a Certificate of Zoning Compliance (CZC). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 17 STANDARD CONDITIONS 1. 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 1 1-134C. 2. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for stonn 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 certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 1 1-19-1). 4. All signage shall be in accordance with the standards set forth in MCC 11-14. All siDis will require a separate sign permit in compliance with the sign ordinance. Unless othenvisc 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 of the Americans with Disabilities Act and the adopted building and fire codes. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being developed shall be tiled per MCC 12-4- t3. Plans wil I 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 parking areas. Stora water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Wate 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERN1IT PAGE 5 OF 17 Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 10. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. I I. Staffs 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 may be 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). 1.3. This conditional use permit shall be subject to the expiration provisions set forth in MCC 1I- 17 -4.B. C. Adopt the Recommendations of the Ada County Highway District as follows- 1. ollows_ 1. Comply with the conditions of MPFP03-002, Gaudry Seegmiller Subdivisiml, as approved on April 29, 2003 by the Ada County Highway District Commission. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as Follows: 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review wit] be required. 2. 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. 3. All laterals and waste ways must be protected. 4. 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. E. Adopt the Recommendations of the Meridian Fire Department as follows: L Provide a fire -Flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 17 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 amini mum width of 20' available at all times. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 13. It is found that the subject property is large enough to accommodate the required setbacks (yards), open spaces, parking, landscaping and other features required by the ordinance. 14. The current Comprehensive Plan Land Use Map designates the property as "High Density Residential" and is currently zoned L -O. The Resolution Subdivision project was approved under the former Comprehensive Plan; the new (2202) Comprehensive Plan does not reflect the approved plans for Resolution Subdivision. It is found that the requested use is in compliance 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. This proposal is in compliance with the office land use policies outlined in the Comprehensive Plan. 15. It is found 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 character of the area. It is acknowledged that the existing character of the area wilt, and is, currently changing. It is found that development of this site will not adversely change the essential character of the area. 16. It is not anticipated that the proposed dental office use will adversely affect adjacent properties due to the similar uses called for within the L -O zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 17 17. City water and sewer services run along Millennium Road and are stubbed to this lot. ACRD staffhas approved this application with conditions for driveway location/construction and their standard requirements. It is found that the proposed development can be adequately served by the essential public facilities and services. 18. 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. It is found 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. 19. The fact is recognized that traffic and noise will increase with the development of this site. Although the development of this site will create additional traffic on the surrounding roadways; it is not believed that the amount of vehicle trips generated by the proposed development would be detrimental to the overall welfare of the public, commuters, residences, or property in the area. It is not anticipated that the development of this site will create excessive traffic, noise, smoke, fumes, glare or odors. 20. ACHD staff has reviewed and approved two vehicular approaches to the site from the adjacent roadways. Review of the ACHD report for this project will provide additional information. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 17 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Acr' codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use pe.nnits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards 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 Connprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 17 e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fume's, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the L -O zone a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 or this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council With supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 17 with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § I1-17-6) When the City Council approves a conditional use pen -nit 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit to construct FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 17 and operate a dental office in an L -O zone located on the southeast corner of Millennium Way and Gala Street, approximately 300 feet south of Overland Road and approximately V4 of a mile cast of Locust Grove Road, within Section 20, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: C. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. Amend Site Specific Condition #5 on page 6 of the staff report transmitted on December 31, 2003, by changing it to read: The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. D. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall comply with the conditions of the recorded plat for Resolution Subdivision and Gaudry Seegmiller Subdivision. ?. 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. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide, as proposed. Applicant shall revise the submitted Landscape Plan, prepared by Larry Knopp, labeled LI, 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. The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. 6. The final plat for Gaudry Seegmiller Subdivision shall be recorded prior to issuance of a Certificate of Zoning Compliance (CZC). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 17 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. 2. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 3. 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 1 1-14. Al I signs wi I I 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. All construction and site improvements shall conform to the requirements of the 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 area being developed shall be tiled perMCC 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 he 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 parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 17 Occupancy maybe obtained by providing surety to the City in the form of 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. 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 may be 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 I I - 17-4.B. C Adopt the Recommendations of the Ada County Highway District as follows: 1. Comply with the conditions ofMPFP03-002, Gaudry Seegmiller Subdivision, as approved on April 29, 2003 by the Ada County Highway District Commission. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. 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. 3. All laterals and waste ways must be protected. 4. 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. E. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 17 All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 17 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC I 1-17- 4. B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 17 By action of the City Council at its regular meeting held on the �h day oI r �r� 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED*x— COUNCILMAN BILL NARY VOTED 6Glk— COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED�G MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 2—/?—O MOTION: APPROVED: DISAPPROVED: OFuM 1ni//'/' Mayor T iy de Weerd .Attest: �GOjAp rF ti o SEIAL M William G. Berg, Jr., Ci y Clerk Copy served upon Applicant, Plannin?Ianpe4Iu>IgDePaYtment, Public Works Department and the City Attorney. By: JA 4/ . //:?-4—P i City Clerk Dated Rl�V G `_ o�par�q rF 2 E,AL _ c ,c° o . Z:\WorldM\Meridian\Meridian 15360M\Gaudry Dental Office CUP -03-061\1 Tis CUP -03-061 doc I l FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DENTAL OFFICE IN AN L -O ZONE, LOCATED ON THE SOUTHEAST CORNER OF MILLENNIUM WAY AND GALA STREET, APPROXIMATELY 300 FEET SOUTH OF OVERLAND ROAD AND APPROXIMATELY'/ OF A MILE EAST OF LOCUST GROVE ROAD, WITHIN SETION 20, TOWNSHIP 3 NORTH, RANGE I EAST, MERIDIAN, IDAHO DR. ROBERT GAUDRY, APPLICANT C/C 02/03/04 Case No. CUP -03-061 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on February 3, 3004, 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: That the above named applicant is granted a conditional use permit to construct and operate a dental office in an L -O zone located on the southeast corner of Millennium Way and Gala Street, approximately 300 feet south of Overland Road and approximately '/4 of a mile east of Locust Grove Road, within Section 20, Township 3 North, Range 1 East, Meridian, Idaho, ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 1 OF 7 subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. Amend Site Specific Condition #5 on page 6 of the staff report transmitted on December 31, 2003, by changing it to read: The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. Q. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall comply with the conditions of the recorded plat for Resolution Subdivision and Gaudry Seegmiller Subdivision. The Applicant shall submit a conditional use permit for any future buildings on this site (Lot 2, Block 1, Resolution Subdivision). 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. All parking stalls shall be designed per Ordinance 11-13-4. All two-way drive aisles adjacent to parking shall be at least 25 feet wide, as proposed. Applicant shall revise the submitted Landscape Plan, prepared by Larry Knopp, labeled L1, 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. The Applicant, in cooperation with SSC, has agreed that all three potential pad sites will share a single dumpster location. 6. The final plat for Gaudry Seegmiller Subdivision shall be recorded prior to issuance of a Certificate of Zoning Compliance (CZC). STANDARD CONDITIONS 1. All exterior lighting, whether attached to the building or located within the packing lot, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 2 OF 7 properties/right-of-way. All parking lot lighting shall be in accordancewith MCC 11-13-4C. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 3. 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 of the Americans with Disabilities Act and the adopted building and fire codes. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, inteseeting, crossing or lying adjacent and contiguous to the area being developed shall he tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irri-at ion/drainagc district, or lateral users association (ditch owners), with written approval or non -approval submitted to (lie 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 abuilding permit. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies, Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 rorm of letter ofcredil or cash in the amount of '1 10% of the cost of the required improvements (including paving, ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 3 OF 7 striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 10. Sanitary sewer and water service shall be via existing service lines. Applicant shall coordinate size and routing with the Public Works Department. I I. 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 may be revolted or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of [lie permit (MCC 11-17-11). 13. This conditional use permit shall be subject to the expiration provisions set forth in MCC I I - 17-4.13. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. Comply with the conditions ofMPFP03-002, Gaudry Seegmiller Subdivision, as approved on April 29, 2003 by the Ada County Highway District Commission. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I . If all storm drainage is retained on-site there will be no impact on :Nampa & Meridian Irrigation District and no further review will be required. 2. 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. 3. All laterals and waste ways mast be protected. 4. 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. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hvdrants shall be placed an average of 400' apart. 2. All roads internal fire lanes and entrances shall have a turning radius of 28' ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 4 OF 7 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. 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 § 1 1-1 7-8, 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 pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 5 OF 7 extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous sePnents or multiple phases, such phases shall be constructed within successive intervals of one yeai hom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and const be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 6 OF 7 By action of the City Council at its regular meeting held on the ` 7 f day of r -P4// &a't-�1' 2004. Tammy erd, Mayor City of Meridian Attest: William G. Berg, Jr., Cit Clerk - SEAL _= 1 � •,/, q CO �pP ��`• Copy served upon Applicant, the Planniri/etloY3$ )department, Public Works Department and City Attorney. By: Dated city Clerk Z:AWork\M\Meridian\Menddan 15300MVGaudry Dental Office CUP-07-001t0rdetCUP.d0c ORDER CONDITIONAL USE PERMIT (CUP -03-061) PAGE 7 OF 7 , e ,.'c::e Gr �� 'T1s�c• JO�c \0