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HomeMy WebLinkAboutCherry Lane Off CUP 03-048MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree ~~}' ~.~Vl eYll~1~YI ~°'F ~ `, l( IDAHO li LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888 3579 • Fax 898-ii0l PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (?081887-2211 • Fax 887-1297 Keith Bird "° 1'rst'nsuFle `/~"" ~ slats PLANNING & ZONING 1903 (208) 8845533 • Pax 883-6854 February 23, 2004 Dave McKinnon Pinnacle Engineers, Inc. 12552 W. Executive Drive Suite B Boise, ID 83713 RE: CUP 03-048 Findings, Decision and Order granting Conditipnal Use Permit for a Nursing Home for Cheny Lane Office Park Subdivision in a L-O Zone Dear Dave: Enclosed you will find a copy of the above mentioned document(s) in regards to your project(s) pending with the City of Meridian. Please feel free to contact our office if you have any questions. Sincerely, ~/ Jolene Robles Deputy City Clerk Enc. 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk OlTice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Pinance & Utility Billing Fax (208) 887-4813 rya"~`^ ~' '? %~'L~ interoffice ~~~'~"` MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: PINNACLE ENGINEERS, INC. FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR A Ni1RSING HOME FOR CHERRI' LANE OFFICE PARK SUBDIVISION IN AN L-O ZONE File No.: CUP-03-048 Date: January 30, 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. II you should have any questions please give me a call. "L.\WorkVvl'JVleridian\Meridian 15360M\Cheiry Lane OY'lice Park Sub PP-03-0?9 COP-03-Oda\CII:LVCUPfFcIs~FOrderdne 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDLAN C/C 01-20-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APPROVAL FOR A NURSING HOME FACLITY AND 5 OTHER OFFICE PAD SITES ON 2.07 ACRES IN AN L-O ZONE, LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 1,300 FEET \\~EST OF CINDER ROAD, WITHIN SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO Case No. CUP-03-043 FINDINGS OF FACT AND CONCLUSIONS OF I,A\V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PINNACLE ENGINEERS, INC., APPLICANT The above entitled conditional use permit application having come before the City Council on January 20, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Assistant City Planner for the Planning and Zoning Department, and David McKinnon, appeared and testified, and the City Counci I having duly considered the evidence and the record in this matter and the Reconunendations 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER GRANTING CONDITIONAL USE PER~~[IT PAGE 1 OF 26 Decision and 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 2Q, 2004, before.the City Council, the first publication appearing and written notice having been mailed to property o~a~iiers or purchasers of record within three hundred feet (300') of the external boundaries of file property under consideration more than fifteen (1 S) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel: before said hewing 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 20, 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code 567-6509, 6512, and Meridian City Code §§ I1-15-5 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-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of Cherry Lane, approximately 1,300 feet FINDINGS OF FACT AND CONCLUSIONS OF LAbV AND DECISION AND ORDER G12ANTING CONDITIONAL USE PERiVIIT PAGE 2 OF 26 • a west of Linder Road, within Section 2, Township 3 North, Range 1 West, Meridian, Idaho. 5. The owner of record of the subject property is the Cherry Lane Baptist Church of Meridian, [daho, lne. 6. Applicant is Pinnacle Engineers, Inc. 7. The subject property is currently zoned L-O. The zoning district of L O is defused within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a Planned Development to operate a nursing home facility for 40 patients az~d 5 office pad sites in an L-0 zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping along Cheny Lane. The L-O zoning designation within the City of Meridian Zmling and Development Ordinance requires a Conditional Use Permit be obtained for nursing homes (MCC l 1-8-1). 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. i 1. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I1 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 Che City of Meridian planningjurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 26 " • services required by file proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of [he proposed use and development upon services delivered by political subdivisions piroviding services to the subject real property within the planningjurisdiction of the City of Meridian, subject to the following: .~. Adopt the Recommendations ofthe Planning and Zoning Commissio^ as follows: Amend Site Specific Condition #2 on page 12 ofthe staff report transmitted on November 13, 2003, by deleting "pedesU-ian access and" in the first sentence. 2. Amend the second sentence of Site Specific Condition #2 of the staff report to delete the first "Cherry Lane" and replace it with "main". 3. Amend the third sentence of Site Specific Condition #2 on page ? of the staff report by deleting "access" and replacing it with "connectivity". 4. Amend the beginning of the second sentence of Site Specific Condition'~3 on page 13 by adding: "Except for the existing rock in the existing drainage swafe,". 5. Amend the first sentence of Site Specific Condition #5 on page 13 to read: "Move the three proposed parking stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building." 6. Delete the second sentence of Site Specific Condition #5 on page 13. 7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to "three" and deleting "and drive aisle area". B. Adopt the Recommendations ofthe Plamling and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PDl 1. The Applicant shall meet all ofthe requirements of the Preliminary Plat as a condition of the Conditional Use Permit. ?. Building setbacks for Lots 2 and 5, Block 1, may be reduced to 15 feet (measured from the face of the building to the property line) ifpea°~anv architecturaldesign features (windows, dormers, etc.) are placed on the south elevations. Connect the Che~,e main FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 26 • M entrance of the buildings with the existing sidewalk on Cherry Lane with anorth-south oriented p edesh'ian p athway. I f p edestrian a~~s:~ c onuectivity and architectural desi ~n features are not included on the buildings abutting Cherry Lane, a 25-foot wide landscape buffer and building setback shall be required. AI I landscaping along Chen.v Lane steal I be in accordance with N1CC 12-13-10. Except abutting the existing structure on Lot 1, Block 1, provide a 20-foot wide landscape buffer along the north and east property lines, as proposed. Except for the existing drain rock in the drainage Swale, buffer materials shall be installed in accordance with MCC 12- 13-12, including a mixture of evergreen and deciduous trees, shrubs, and other ground cover to buffer the adjacent homes from the proposed development The existing 10-foot wide setback and buffer adjacent to the existing structure, is approved with an alteration ofMCC; and is approved due to the location ofthe existing structure on the proposed Lot 1, Blocl< 1. 4. Re-stripe and sign the parking stalls south of the existing structure on Lot 1, Block 1, for compact cars (15-feet long by 9 -feet w ide). P rovide a b ack-up/turnaround a rea for t he westem most compact parking stall in the parking area. Said back-up/tunlaround area shall be paved a minimum five feet in width. Other than the existing drive aisle and parking west of the westem driveway, the drive aisles and parking areas (including landscaping) within the development shall be constructed in accordance with MCC 1 ] -1.3 and MCC 12-13. 5. Repie~ Move the s+x three proposed pv~king stalls that are located ,.gym-ri,~~~„ on Che east side of the easC driveway's entrance to be next to the other parking spaces for the same building. - .Said impervious areas (stx three parking stalls aaa d<iv~-a;,n'p-Rim,) shall be incorporated into Che common plaza area and into additional landscaping adjacent to the proposed building on Lot 3, Bloclc 1. Provide a note on the plat, or another means to make sure that mai ntenance of the common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is accounted for. 6. The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City Clerk's of£ce at least 10 days prior to the next public hearing for this application. Said revised Site and Landscape Platt shall include all of the modifications required in the Site Specific Conditions above. STANDARD CONDITIONS (CONDITIONAL USE/PD) Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed insite-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Loning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNDT PAGE 5 OF 26 • y . 2. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 3. Outside lighting shall be desi~~ed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City ofMeridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. C. Adopt the Recommendations of [he Ada County Highway District as follows: Site Specific Conditions of Approval Utilize driveway # 1 located on Cheny Lane, 126-feet east of the west property fine. This location meets District policy and shall be approved with This application. 2. The applicant shall do one of the fallowing: Utilize driveway # 2 in its current location on Clteny Lane. Driveway # 2 is etnYently located 210-feet east of driveway #1 (measured near edge to near edge) and approximately 131-feet west of the near edge of Vineyards Avenue. OR Relocate driveway # 2, approximately 150-feet east of driveway # 1(measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the driveway its full width and at least 30-Feet into the site beyond the edge ofpavement of the roadway with 15-foot curb radii abutting the existing roadway edge. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 26 M . Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be dammed during the construction of the proposed development. Contact Constnretion Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5- All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of buildim= permit (or other required pemtits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Pa}nment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least Cwo full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall he upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 26 ~ • 1 l .Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Settlers Irrigation District as follows: I. .All irrigation/drainage facilities along with their easements must be protected and continue to function. The Settlers Canaf courses along the east and south boundaries of the property in RCP pipe. 2. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 3. SID does not allow any trees or permanent structures within its easement. 4. SID does not allow any storm drainage into its system. E. Adopt the Recommendations of the Meridian Fire Department as follows: That afire-flow as required by the Inten~ational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. Acceptance of the water supply for fire protection will be by the Meridian 1Nater DeparUnent. 3. Final approval of the fire hydrant locations shalt be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of 28' inside and 4~' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. Vertical clearance for driveways shall be 13'6",this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is20' wide available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR4NTING CONDITIONAL USE PEI2tVIIT PAGE S OF 26 r . Buildings on the South end of the proposed projects shall have their oddness posted cn the street side of the building. ] 0. It is requested that the buildings on the North side of the project have their addresses posted on a monument sign at each entrance on Chevy Lane and on the buildings in 6" numbers. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 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 Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Slormwater shall be pre-treated through a grassy swale prior to discharge to the subsurface Co prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stornnvater management system that prevents groundwater and surface water degradation. G. Adopt the Comments/Recommendations of Meridian City Water Department as follows: This property is currently supplied by a 1 inch service with a 1 inch meter setter necked down to a '/4 inch meter. If more gallons per minute is required a 1 inch meter could be installed without excavation. H. Adopt the Recommendations of Sanitary Service as follows: I . Detailed enclosure plans need to be submitted. Adopt the Recommendations of the Nampa & Meridian In-igation Dish'ict as follows: 1. ,411 municipal surface drainage must be retained on site. If any surface drainage leaves the site, a Land Use Change Application must be filed. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 26 Adopt the action of the City Council taken at their Janttaty 20, 2004 meeting as follows: For clarification: The applicant submitted a Revised Cherry Lane Office Parlc Staff Report response letter dated December 11, 2003, and which letter is on record with the Meridian City Clerk's office. The applicant clarified at the January 2Q 2004 public hearing that the vehicle parking has been moved so that it runs north-south, this is to allow additional landscaping across the front for more depth. The landscaping bc~nceen the buildings and the back property is actually 1 ~ feet. 3. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some additional landscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a use that is very low in use, then if there is not a need for parking, it is anticipated that it would be the last site to be built (if there is no need for additional parking, then the site could be built on). 13. As stated in MCC 12-6-1, "The purpose of the planned development process is to provide opportunity for land development that preserves and utilized natural topographic, geologic and scenic features; allows a more efficient pattern of residential, conunercial and industrial uses; tasters innovative design concepts and promotes flexibility in site design; and provides for aommai oven syrace or other tnnenities not found in traditional lot-by-lot development." Deviations from the development standards and/or area requirements of the zone maybe approved with a PD application. As part of the Planned Development (PD) the Applicant is seeking relief tiom the standard parking lot dimensions, front setbacks and landscape buffers as required by Meridian City Code. Due to the location of the existing church to the north and west property tines, and the location of the existing pazking lot south of the church building, the required landscape buffers, setbacks, and parking lot dimensions on the western portion of the site are not proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR.ANT[NG COND[T[ONAL USE PERMIT PAGE 10 OF 26 • d • in accordance with Meridian City Code. Further, the Applicant is requesting modiEcatioos to the standard development requirements for the landscape buffer along Cherry Lane and new building setbacks east ofthe western driveway. It is found that the site is lame enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. ]4. The subject site is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Chapter 7 ofthe Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land For area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, parl: and recreational areas, and cemeteries are also considered public/quasi-public type uses. The Zoning Schedule ofUse Control Table requires nursing homes in the L-O zone to obtain a Conditional Use Permit The Applicant has applied for a Conditional Use Permit and requested modification of building setbacks, landscape buffers, and parking lot dimensions as part of the PD for the CUP. It is found that the existing church, proposed for conversion to a nrtrsing home facility (health care), meets the definition of aquasi-public use and is in accordance with the Zoning Ordinance except where noted herein (i.e., requested reduction of standards as stated with the PD application). The other five lots within this development, proposed for office use, do not meet the strict definition of a public or quasi-public use as defined in Chapter 7 ofthe Comprehensive Plan. However, the Comprehensive Plan Future Land Use Map designation appears to have been assi<<ued to this property because the church existed on the site when the designations were prepared. Future or further development of church sites into office type uses was most likely never anticipated for this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 26 v site or other churches that have the same L-O zoning and comprehensive land use designation as the subject site. Because the Five proposed office pad sites meet the general requirements outlined intlae Zoning Ordinance for the L-O zone, and because limiting the subject site to develop with only the uses listed in the Comprehensive Plan seems excessive, it is reconnnended approval oFthe proposed office use on this site. 15. It is found that the general design, constnrction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing character of Che area. It is aclalowledged that the existing character of the area will, and is, currently changing. It is also found that redevelopment of this site will not adversely change the essential character of area. 16. It is not anticipated that the proposed ases will adversely affect the other properties in the vicinity. 17. Water service is proposed for extension to the site from the existing line in Cherry Lane. Currently the existing church is provided sanitary sewer service via a gravity service line that exits the rear of the building and proceeds underground between the two adjacent homes to the west. The Applicant is proposing to install a sewage lift station to pump the waste from the new proposed structures to the same discharge point. If tlns site can not be served by gravity sewer, Che lift station shall be private. The Applicant may enter into an operation and maintenance contract with the City for the facility. ACRD staff has approved this application with conditions for driveway location/consn'uction and their standard requirements. 18. The developer will be required to finance the extension of sewer, water, utilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING COND]TIONAL USE PERMIT PAGE 12 OF 26 ~~ pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. The proposed uses on the subject property would create additional traffic on nearby arterial roadways. On Apri14, 2002, there were 14,352 vehicle trips on Cherry Lane, west of Linder. ACHD staff has estimated that this development would generate 116 additiona] vehicle trips per day (98 existing) based on the Instihite ofTransportationEngineers Trip Generation Manual Atthougll 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. The fact is also recognized that traffic and noise may increase with the development of this site. 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 Chevy Lane. Review of the ACHD report for this project will provide for additiona] information regarding this finding. 21. There are no natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers confen-ed 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 26 M 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 die City of Meridian has established by the passive of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter [, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Counci! has the duty and responsibility to review Che facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential shov~~ing supports the finding that the following standards are met antl 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .4ND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 26 • 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, 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 sun'ounding public streets; and i. That the proposed use will not result in the destniction, loss or damage of a natural, scenic or historic feature considered to be of major importance. ~. Prior [o 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 tlu'ee hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 1~ of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall reconunend 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 26 of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 1 I -17-6) When the City Council approves a conditional ttse permit it may impose conditions of that approval drat 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; 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, 200, 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 for a Planned Development to operate a nursing home facility for 40 patients and 5 office pad sites in an L-O FINDLNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 26 zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping alonV Chevy Lane, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: ]. Amend Site Specific Condition #2 on page 12 of the staff reporttransrnitted on November 13, 2003, by deleting "pedestrian access and" in the ftrst sentence. Amend the second sentence of Site Specific Condition #2 of the staff report to delete the first "Cherry Lane" and replace it with °main". P,mend the third sentence of Site Specific Condition #2 on page ? of the staff report by deleting "access" and replacing it with "connectivity". 4. Amend the beginning of the second sentence of Site Specific Condition #3 on page ] 3 by adding: "Except for the existing rock in the existing drainage swale,". Amend the first sentence of Site Specific Condition #5 on page l3 to react "Move the three proposed parking stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building." 6. Delete the second sentence of Site Specific Condition #5 on page 13. 7. Amend the third sentence of Site Specific Condition #5 on page 13 by changing "six" to "three" and deleting "and drive aisle area". B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as modified by the Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PDl 1. The Applicant shall meet alloftherequirementsofthePre]iminaryPlatasaconditionofthe Conditional Use Permit. Building setbacks for Lots 2 and 5, Block 1, may be reduced to 15 feet (measured from the face of the building to the property line) ifY„a°a~Q architectural design features (windows, dormers, etc.) aze placed on the south elevations. Connect the C'~~ ~~-~,e main entrance of the buildings with the existing sidewalk on Cherry Lane with anorth-south oriented p edestrian p athway. I f p edestrian ass c onnectivity and architectural design features are not included on the buildings abutting Cherry Lane, a 25-foot wide landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW A.ND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 26 • y • buffer and building setback shall be required. All landscaping along CherryLane shall be in accordance with MCC 12-13-10. Exe'ept abutting the existing snructure on Lot ], Block 1, provide a ?0-foot wide landscape buffer along the north and east property lines, as proposed. Except for the existin; drain rock in the drainage Swale, buffer materials shall be installed in accordance with y'iCC (?- 13-12, including a mixture ofevergreen and deciduous trees, shnibs, and other ground cover to buffer the adjacent homes from the proposed development The existing l0-foot wide setback and buffer adjacent to the existing structure, is approved with an alteration of MCC. and is approved due to the location ofthe existing structure on the proposed Lot 1, Btocl: I . 4. Re-stripe and sign the parking stalls south of the existing structure on Lot 1, Block 1, for compact cars (U-feet long by 9-feet wide). Provide aback-up/turnaround area for the western most compact parking stall in the parking area. Said back-up/hunaround area shall be paved a minimum five feet in width. Other than the existing drive aisle and parking west of the western driveway, the drive aisles and parking areas (including landscaping) within the development shall be constructed in accordance with MCC 11-li and MCC 12-13. d. R€fxeve Move the sip three proposed parking stalls that are located •~~~•-~a ou the eashside of the east drive~a~ay's entrance to be next to the other parking spaces for the same building. - Said impervious areas (sik three parking stalls u~td d~;~-:-arm-~~,) shat l be incorporated into the common plaza area and into additional landscaping adjacent to the proposed buildinu on Lot 3, Block 1. Provide a note on the plat, or another means to make sure that maintenance of the common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is accounted for. 6. The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City Clerk's office at least 10 days prior to the next public hearing Cor this application. Said revised Site and Landscape Plan shall include all of the modifications required in the Site Specific Conditions above. STANDARD CONDITIONS (CONDITIONAL USE/PDl Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed insite-specific requirements. Paving and striping shall be i^ accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to Che City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance. agreement for joint FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllEl2 GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 26 • ~ drainage facilities shall be developed for iuchtsion in the CC&R's of the subdivision. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 4. Al l signage shall be in accordance with the standards set forth in the City ofMeridian Zoning and Development Ordinance. No temporary sib sage, flags, bamlers or flashing signs will be permitted. C Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Utilize driveway # 1 located on Cherry Lane, 126-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one of the following: Utilize driveway # 2 in its current location on Chen-y Lane. Driveway # 2 is currently located 210-feet east of driveway # 1 (measured near edge to near edge) and approximately 131-feet west of the near edge of Vineyards Avenue. OR Relocate driveway # 2, approximately 150-feet east of driveway # 1(measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the driveway its Rill width and at least 30-feet into the site beyond the edge ofpavement of the roadway with 15-foot curb radii abutting the existing roadway edge. Should the applicant relocate driveway # 2, the applicant shall be required to replace the rmused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to snatch existing improvements abetting the site. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Chen-y Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL tiSE PERMIT PAGE 19 OF 26 • fl • Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street froiita~es abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. ~. Al] design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constructio^ Services procedw-es and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and propet'ty development shall be in conformance with all applicable requirements of the Ada County Highway District prior to Disn ict approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also lrnown as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two fiill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway Disn'ict. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 26 y • 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the plamied use o f the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations ofthe Settlers irrigation District as follows: 1. All irrigationdrainage facilities along with their easements must be pirotected and continue to fimction. The Settlers Canal courses along the east and south boundaries of the property in RCP pipe. 2. Any changes to the existing in-igation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 3. S1D does not allow any trees or permanent structures within its easement. 4. SID does not allow any stone drainage into its system. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the h~ternational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ~. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the lire hydrant within 10'. 7. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. S. The driveway shall have a clear driving surface which is20' wide available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 26 • ~ • 9. Buildings on the South end of the proposed projects shall have their address posted on the street side of the building. ] 0. It is requested that thebuildings on the North side ofthe project have their addresses posted on a monument sign at each entrance on Cheny Lane and on the buildings in 6"numbers. F. Adopt the Recommendations of the Central District Health Department as follows This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Envirotunental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall bepre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of Che subject project shall obtain current best management practices for Stormwater disposal and design a Stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Cotnments/Recotnmendations of Meridian City Water Department as follows: This property is cun-ently supplied by a 1 inch service with a 1 inch meter setter necked down to a'/4 inch meter. If more gallons per minute is required a I inch meter could be installed without excavation. H. Adopt the Recommendations ofSanitary Service as follows: l . Detailed enclosure plans need to be submitted. I. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I . All municipal surface drainage must be retained on site. If any surface drainage leaves the site, a Land Use Change Application must be filed. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR4NTING CONDITIONAL USE PERMIT PAGE 22 OF 26 • Adopt the action of the City Council taken aC their January 2Q, 2004 meeting as follows: For clarification: 1. The applicant submitted a Revised Chevy Lane Office Park Staff Report response letter dated December 11, 2003, and which letter is on record with the Meridian City Clerl.'s office. ?. The applicant clarified at the .lanuary 20, ?004 public hearing that the vehicle parking has been moved so [hat it runs north-south, this is Co allow additional landscaping across the front for more depth. The landscaping between the buildings and the bacl: property is actually 15 feet. 3. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some additional landscaping where the sixth building would have been and provide additional parking stalls. In the future is this site develops, and it's a use that is very low in use, then if there is not a need for parking, it is anticipated that it would be the last site to be built (if there is no need for additional pati<ing, then the site could be built on). 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerl< and then a copy served by the Clerl< upon the applicant, the Plaru7ing and Zoning Department, the Public Woti<s 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) mauhs unless otherwise approved by the council. During tills time, the permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 26 • ~ 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 Bound. 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 mill and void. However, the applicanC may submit an application for a time extension on the project for city council review. The application for time e~tei~sion shall be submitted at least thirty (30) days prior to the deadline for completion of the project Fa' projects requiring platting, the final plat must be recorded within this eighteen (I Sl month period. For projects with multiple phases, the eighteen (l8) 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 fuhue phases shall be null. and void. (MCC ] 1-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that' pursuant to Idaho Code 67-5003, the Owner ma~~ 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 FINDINGS OF FACT AND CONCLUSIONS OF LA~V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 26 • Y for Judicial Review maybe filed. Please take notice that this is a final action of the ~oveming 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 oFthis decision and order seek ajudicia] review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ day ol~ /J , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED i!~ VOTED' V OT E D_ (J~/~- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: i- " ~ i Mayor m y de Weerd FINDINGS OF FACT ANll CONCLUSIONS OF L.41V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERN(iT PAGE 25 OF 26 4 `~\\99!111 ti t7fiei ~r \~ \ _ J Attest: ~~° - ~~.~`~. ! y~ ~ , William G. Berg, 7r., City Cler ~%,'9p ~T ~s` Copy served upon Applicant, Planning and Zoning )`5'elag~tgt>I2tt~13'ublic Works Department and the City Attorney. By:~~jl.~~---•~~~I~~'~ Dated: 2 ~~~0 City Cled< (/ ~ %1MVurldM\Vleridiun\Mendfun I ~3GOM\Cheny Lune 01'lica Parl<Sub PP-03-029 CUP-O7-Oa8\P I'CIsCUPOJ-01R-doc \JlN rrur r: N;; ,, ~~~ OF i;;• ''~:; m~~/ ~e'j ~'T 1St,'\- ytyJ ,;,, ~c®urv~v .~~~,,~~~ rr7irgrna nara9s\N FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PACE 26 OF 26 • ~ • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/20/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PER(\'[IT APPROVAL FOR A i\'l.'RSINC HOME FACILITY AND S OTHER OFFICE PAll S1TES ON 2.07 ACRES IN AN L-O ZONE, LOCATED ON THE NORTH SIDE OF CHERRY LANE, APPROXIMATELY 1.300 FEET WEST OF CINDER ROAD, WITHIN SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC. APPLICANT Case No. CUP-03-048 ORDER GRANTING CONDITIONAL USE PERIYI[T This matter coming before the City Council on January 20, 2004, under the provisions of Meridian City Code ~ l I-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 a Planned Development to operate a nursing home facility for 40 patients and 5 office pad sites in an L-O zone, including reduced setbacks, reduced landscape buffers, and reduced landscaping along ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 1 OF 10 • M Cheny Lane, subject to the following conditions of use and development: A. Adopt the Reconunendations of the Plamring and Zoning Commission as follo~-vs: 1. Amend Site Specific Condition #2 on page ] 2 of the staff report transmitted on November 13, 2003, by deleting "pedestrian access and" in the first sentence. 2. Amend the second sentence of Site Specific Condition #2 of the staff report to delete the first "Cherry Lane" and replace it with "main". 3. Amend the third sentence of Site Specific Condition #2 on page 2 of the staff report by deleting "access" and replacing it with "connectivity". 4. Amend the beginning of the second sentence of Site Specific Condition #3 on page 13 by adding: "Except for the existing rock in the existing drainage swale,". 5. Amend Che first sentence of Site Specific Condition #5 on page 13 to read: "Move the three proposed parking stalls that are located on the east side of the east driveway's entrance to be next to the other parking spaces for the same building." 6. Delete the secazd sentence of Site Specific Condition #5 on page ] 3. 7. Amend the third sentence of Site Specific Condition #5 on page 1 ; by changing "six" to "three" and deleting "and drive aisle area". B. Adopt the Recommendations ofthePlanning and Zoning and Engineering staff as moth fled by the Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) 1. The Applicant shall meet all of the requirements ofthe Preliminary Plat as a condition of the Conditional Use Permit. Building setbacks far Lots 2 and 5, Block 1, may be reduced to 15 feet (measured from the face ofthe building to the property line) if^°a°^'~;°^ ^^^°^^ ^~-' architectural designfeatures (windows, dom~ers, etc.) are placed on the south elevations. Connect the ~,e main entrance of the buildings with the existing sidewalk on Cheny Lane with anorth-south oriented p edestrian p athway. I f p edestrian ~~=s c onnectivity and architectural design feahu-es are not included on the buildings abutting Cheny Lane, a 25-foot wide landscape buffer and building setbacl: shall be required. All landscaping along Cherry Lune shall be in accordance with MCC 12-13-10. ORDE12 CONDITIONAL USE PERMIT (CUP-03-048) PAGE 2 OF 10 • fi • Except abutting the existing structure on Lot 1, Block ],provides 20-foot wide landscape buffer along the north and east property lines, as proposed. Except for the existing drain rock in the drainage Swale, buffer materials shall be installed in accordance with MCC 1 x- 13-12, ine] uding a mixture of evergreen and deciduous trees, shrubs, and other o otmd cover to buffer the adjacent homes from the proposed development. The existing 10-foot wide setbackand buffer adjacent to the existing structure, is approved with an alteration ofMCC, and is approved due to the location of the existing structure on the proposed LoC 1, Block 1. 4. Re-snipe and sign die parking stalls south of the existing structure on Lot 1, Block 1, for compact cars (15-feet long by 9 -feet w ide). P rovide a b ack-up/turnaround a rea for t he western most compact pari<ing stall in the parking area. Said back-up/turnaround area shall be paved a minimum Five feeC in width. Other than the existing drive aisle and parking west of the western driveway, the drive aisles and parking areas (including landscaping) within the development shall he constructed in accordance with MCC 11-li and NICC I Z-13. erne € Move the sip three proposed parking stalls that are located ,,.,,•~rn on the east side of the east driveway's entrance to be next to the other parking spaces for the same building. ° A M .,^te^' A....o.... G,.... N.e ~ : r: et .. iAti' ~;: ~r~E"d- Said impervious areas (six three parking stalls ^^'' '' `° ^ ^'°a~) shall be incorporated into the common plaza area and into additional landscaping adj acent to the proposed building on Lot 3, Block 1. Provide a note on the plat, or another means to make sure that maintenance of the common areas (parking, drive-aisles, landscape areas, etc.) throughout the development is accounted for. 6. The Applicant shall submit 15 copies of a revised Site and Landscape Plan to the City Clerk's office at least 10 days prior to the next public hearing for this application. Said revised Site and Landscape Plan shall include all of the modifications required in the Site Specific Conditions above. STANDARD CONDITIONS (CONDITIONAL USE/PD) Off-sheet parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or asdetailed insite-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2. A drainage plan designed by a State of Idaho licensed architect or engineer is required acid shall be submitted to the City Engineer for all off-street parking areas. All site drainage shat) be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. ORDER CONDITIONAL USE PERtVIIT (CUP-03-048) PAGE 3 OF 10 ~ • Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in die City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Utilize driveway # 1 located on Cherry Lane, 126-feet east of the west property line. This location meets District policy and shall be approved with this application. 2. The applicant shall do one of the following: Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is currently located 210-feet east of driveway # 1 (treasured near edge to near edge) and approximately 131-feet west of the near edge of Vineyards Avenue. OR Relocate driveway # 2, approximately 150-feet east of driveway # l (measured near edge to near edge) and 190-feet west of Vineyard Avenue. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway with 15-foot curb radii abutting the existing roadway edge. 3. Should the applicant relocate driveway # 2, the applicant shall be required to replace the unused driveway on Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements abutting the site. 4. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ~. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing in-igation facilities shall be t'elocated outside of the right-of-way. ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 4 OF 10 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by [he developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. ~. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. .An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, ase and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least Cwo full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirniation of any change from the Ada County Highway District. 1 1. Any change by the applicant in the plamted use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulatiogs, ordinances; plans, or other regulatory and legal restrictions in force at the time the applicant or its ORllE2 CONDITIONAL USE PERMIT (CUP-03-048) PAGE 5 OF 10 i ~~ • successors in interest advises the Higlnvay District of its intent to chan~*e the planned use or the subject property unless awaiver/variance of said requirements of other legal relicl is granted pursuant to the law in effect at the dote the change in use is sought. D. Adopt the Recommendations of the Settlers hrrigation District as follows: 1. All irrigation drainage facilities along with their easements must be protected and continue to function. The Setters Canal courses along the east and south boundaries of the property in RCP pipe. 2. Any changes to the existing in~igation system such as relocation, tiling, and landscaping mast be approved by Settlers Irrigation District. 3. SID does not allow any trees or permanent structures within its easement. 4. S[D does not allow any storm drainage into its system. F. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the hiternationa] Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a hu-ning radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6,. No vertical obstructions or mahtre landscaping which obstructs the outlets of the fire hydrant within 10'. 7. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is20' wide available at all times. ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 6 OF 10 • ~ • 9. Buildings on the South end of the proposed projects shall have their address posted on the street side of the building. ] 0. It is requested that the buildings on the North side of the project have their addresses posted on a monument sign at each entrance ou Cherry Lane and on the buildings in G' nwubers. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans nuts[ 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. Stonnwater shall be pre-treated tluough a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater axed surface water quality. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonxawater management system that prevents groundwater and surface water degradation. G. Adopt the Comments/Recommendations of Meridian City Water Department as follows: This property is cun-ently supplied by a 1 inch service with a 1 inch meter setternecked down to a '/~ inch meter. If more gallons per minute is required a 1 inch meter could be installed without excavation. H. Adopt the Recommendations of Sanitary Service as follows: 1. Detailed enclosure plans need to be submitted. I. Adopt the Recommendations of the Nanipa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, a Land Use Change Application must be filed. Z. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 7 OF 10 • I • Adopt the action of the City Council taken at their January 20, 2004 meeting as follows: For clarification: The applicant submitted a Revised Cherry Lane Office Park StaFl Report response letter dated December 11, 2003, and which letter is on record with the Meridian City Clerk's office. 2. The applicant clarified at the January 20, 2004 public hearing that the vehicle parking has been moved so that it runs north-south, this is Co allow additional landscaping across the front for more depth. The landscaping between the buildings and the back property is actually 15 feet. The project is designated to have four buildings, but the Preliminary Plat shows six lots on the site. The reason for that is to provide some additional landscaping where the sixth building would have been and provide additional parking stalls. In the futtue is this site develops, and it's a use that is very low in use, then if there is not a need for parking, it is anticipated that it would be the last site to be built (if there is no need far additional parking, then the site could be built on). 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 (18) months unless otherwise approved by the council During this time, the permit holder must commence the use as pemtitted in accordance with the conditions of approval, ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 8 OF 10 satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or stmchtres 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, Nre 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 (I S) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the fast phase. In the event drat the development is made in successive contiguous seb vents 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 t 1-I7- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in waiting, and must be filed with the City Clerlc not more than twenty-eight (28) days after the final decision concen~ing Che matter at ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 9 OF 10 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has au 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ ~~"GL ~!r!/1 , X004. Attest: // `\~\~~ ~~ PY1~F, ~~ U \~a~~ro ~AiLLw-~ /~`~'~'~ Yom- a~~.~~ fi William G. Berg, Jr., City erk 9C~, ,~~ p -,..: , Copy served upon Applicant, the Planning an'FPr~oL~,i~.~`1'~epartnent, and City Attorney. By: ~i~---~/~"-~" ~.. Dated: City Clerk ~~ davoF of Meridian Public Worlcs Department 2 -/ o -O ¢ 2.1worA\M\Nleridian\Nleridian 153GOM\Cherry Lane ORice Parl< Sub PP-03-0?9 CUP-03-048\OrderCUBdoc ORDER CONDITIONAL USE PERMIT (CUP-03-048) PAGE 10 OF 10 \\1\111411{111111(((('' U .~~~~TFO ~ ~~; ~~~~ 1~t rY1'.~yl i'li ~~l~l\\