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HomeMy WebLinkAboutStrickland Sub CUP 03-063RECEDE FEB ~ 4 2004 interoffice city of Meridian. City Glerk Office MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: ROY STRICKLAND FOR CONDITIONAL USE PERMIT TO ALLOW A MEDICAL OFFICE BUILDING IN A PROPOSED O-T ZONE FOR STRICKLAND SUBDIVISION File No.: CUP-03-063 Date: February 20, 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. Z:\WorkVvtNleridian\Meridian 15360M\Strickland Sub RZ-03-012 PFP-03-006 CUP-03-063\CI1cLtrCUPffcls&Order 02 20 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-17-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE BUILDING IN A PROPOSED O-T ZONE, LOCATED AT 1225 MAIN STREET, MERIDIAN, IDAHO ROY STRICKLAND, APPLICANT The above entitled Council on February 17, 2004, at the Street, Meridian, Idaho, and Anna Deparhnent, and Charles Eldredge, considered the evidence and the record issued by the Planning and Zoning having heard and taken oral and written City Council hereby makes the Order to-wit: Case No. CUP-03-063 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL,USE PERMIT use permit application having come before the City of 7:00 p.m., at Meridian City Hall, 33 East Idaho Planning Director for the Planning and Zoning and testified, and the, City Council having duly this matter and the Recommendations to City Council who conducted a public hearing and the Council and having duly considered the matter, the Findings of Fact, Conclusions of Law and Decision and OF FACT 1. A notice of a public FINDINGS OF FACT AND CONC] GRANTING CONDITIONAL USE on the conditional use permit was published for two OF LAW AND DECISION AND ORDER PAGE 1 OF 20 (2) consecutive weeks prior to the said public hearing scheduled far February 17, 2004, before the City Council, the first publication appearing and written notice havirig 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 17, 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 R-15 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 at 1225 Main Street, Meridian, Idaho. The owner of record of the subject property is Lynn M. Hamilton. 6. Applicant is Roy Strickland. The subject property is currently zoned R-15. There is, however, an accompanying FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 2 OF 20 application for rezoning to O-T. The zoning district of O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval fora multi- tenant. medicalloffice building in an O-T zone. The O-T zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for nursing homes (MCC 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute, a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and 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 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 and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 3 OF 20 CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plan's with all modifications required by this report. 2. All conditions of the accompanying Preliminary/Final Plat application shall also be considered conditions of the CUP. 3. One freestanding sign on Meridian Road will be allowed for the project as presented during the hearing. 4. The existing home on proposed Lot 2 shall remain as residential use only until approved for non-residential use. Process and conditions to change the use will be subj ect to the ordinances in effect at the time of application. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. The row of parking adjacent to stormwater Swale maybe reduced to 17 feet deep. All drive aisles adjacent to parking shall be at least 25 feet wide., 7. 'A joint use agreement for the stormwater pond shall be recorded and a copy submitted to the Planning & Zoning Department. The pond shall be landscaped in accordance the pond be landscaped in compliance with Ordinance 12-13-14-2. 8. The parkway buffer between the curb and sidewalk shall be widened to 10 feet. 9. The 7 trees proposed for removal may be removed without mitigation. However, all existing mature trees around the adjacent residence on proposed Lot 2 must be retained and protected. 10. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 11. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 12. 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 or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 4 OF 20 13. All signage shall be in accordance with the standards for an L-Ozone set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 14. All construction and site improvements shall conform to the requirements, of the Americans with Disabilities Act and the adopted building and fire codes. 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. Storm water treatment and disposal must be designed in accordance with Department of E nvironmental Q uality 1997 p ublication C atalog o f S torm 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. The applicants engineer shall work with the Public Works Department on the design and location of the proposed storm drain facilities. The storm drain facility can not be approved in the current proposed location due to the existence of a City of Meridian sanitary sewer main. 16. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 17. Revised Plans: Staffrecommendsthat the plans be modified incompliance with this report and any additional condifions from the Commission and that the applicant submit 10 copies of all revised plans at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet withintheright-of--way. Coordinate the location and elevation of the sidewalk with District staff: If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 5 OF 20 detached sidewalk. An agreement must be approved prior to the issuance of a building permit (or'any other required permits). Please contact the Right-of--Way Division at 387- 3271 for guidelines. 2. Replace unused curb cut on Main Street with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The applicant shall be required to provide access to the two lots internally firom the improved alley. 4. Dedicate additional right-of--way to provide 10-feet from centerline of the alley. 5. Provide additional pavement to the alley with the dedication ofright-of--way. 6. Other than the access point(s) specifically approvedwith this application, direct lot or parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Aonroval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and, any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4: Utility street cuts in pavement less than five years old aze 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 building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 7.' Construction, use and property development shall be in conformarice 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 #198, also known as Ada County HighwayDistrict Road Impact Fee Ordinaz~ce. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHDrtght-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 District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District: 11. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to complywith 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' auallable at all times. Provide a 20' driving surface in the alley for building access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 D. Adopt the Recommendations of 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 Deparhnent of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 13. It is found that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance. The proposed medicaUoffice building is 3,000 s.f. Ordinance requires 1 off-streeYpazking space per 200 s.f. for medical uses and 1 per 400 s.f. for professional office. Even as a worst case scenario, at 1 per 200 s.f. for the entire building, 15 spaces would be required. The proposed site plan shows 25 off-street pazking stalls. 14. The current Comprehensive Plan Land Use Map designates the property as Old Town. It is found that if the modifications which aze required are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. (See staff report under Standards for Zoning Amendment A and C.) 15. It is found that the design concept is compatible with the intended chazacter of the area. (See staff report under Standards for Zoning Amendment E) 16. It is not anticipated that the proposed development will have an adverse impact on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 8 OF 20 surrounding property. 17. It is found that the proposed uses can be adequately served by all essential pubic services and facilities. Drainage will need to be retained on site. 18. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone will not be detrimental to the community's economic welfare. 19. Tt is found that the proposed O-T zoning designation of the property does not inherently allows uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 20. It is found that the proposed O-T zoning will not interfere with general traffic patterns on any public streets. Review of ACHD's staff report dated December 23, 2003 will provide a full report on traffic issues. 21. It is found that there are several existing mature trees on the site. Some will be affected by the proposed pazking area. It is recommended that the applicant coordinate with the City Arborist, Elroy Huff, at the Pazks Department for a detemunation on whether the trees must be mitigated for.. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as~the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTFIONAL USE PERMIT PAGE 9 OF 20 Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the 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 standazds are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is lazge 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 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destnzction, 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 O-T 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 § 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 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 recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE' 11 OF 20 conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 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 fora multi- tenant medicaUoffice building in an O-T zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDTTIONS OF APPROVAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTIIONAL USE PERMIT PAGE 12 OF 20 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this report. 2. All conditions of the accompanying Preliminary/Final Plat application shall also be considered conditions of the CUP. 3. One freestanding sign on Meridian Road will be allowed for the project as presented during the hearing. 4. The existing home on proposed Lot 2 shall remain as residential use only until approved for non-residential use. Process and conditions to change the use will be subj ect to the ordinances in effect at the time of application. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 6. All 90-degree pazking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. The row of parking adjacent to stormwater swale may be reduced to 17 feet deep. All drive aisles adjacent to parking shall be at least 25 feet wide. 7. A joint use agreement for the stormwater pond shall be recorded and a copy submitted to the Planning & Zoning Department. The pond shall be landscaped in accordance the pond be landscaped in compliance with Ordinance 12-13-14-2. 8. The parkway buffer between the curb and sidewalk shall be widened to 10 feet. 9. The 7 trees proposed for removal may be removed without mitigation. However, all existing mature trees around the adjacent residence on proposed Lot 2 must be retained and protected. 10. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap pazking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 11. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 12. All exterior lighting, whether attached to the building or located within the pazking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-13-4C. 13. All signage shall be in accordance with the standards for an L-Ozone set forth in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 13 OF 20 report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 14. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 15. 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 E nvironmental Q uality 1997 p ublication C atalog o f S torm 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. The applicants engineer shall work with the Public Works Department on the design and location of the proposed storm drain facilities. The storm drain facility can not be approved in the current proposed location due to the existence of a City of Meridian sanitary sewer main. 16. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 17. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 the issuance of a building permit (or any other required permits).' Please contact the Right-of--Way Division at 387-3271 for guidelines. 2. Replace unused curb cut on Main Street with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The applicant shall be required to provide access to the two lots internally from the improved alley. 4. Dedicate additional right-of--way to provide 10-feet from centerline of the alley. 5. Provide additional pavement to the alley with the dedication ofright-of--way. 6. Other than the access point(s) specifically approved with this applicaton, direct lot or parcel access to Main Street and Meridian Road 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 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. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specificallywaived 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. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERNIIT PAGE 15 OF 20 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within 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 District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations; ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the International Fire Code Appendix D to service the proj ect. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a fuming radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Provide a 20' driving surface in the alley for building access. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 16 OF 20 D. Adopt the Recommendations of 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 & Welfaze, Division of Erivironmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and azchitects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 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 Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Depamnent 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 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 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. ff 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 TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision coricerning the matter at 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 18 OF 20 Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Z ~~ day of i'd'~/~'-' , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BII2D VOTED- 6~ VOTED~~-' VOTED_iy~ VOTED_i~~' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED, DATED:~2 ~O~ MOTION: APPROVED: DISAPPROVED:- ~o"O"""" +M~~or T de Weerd Attest: -_ SEAL __ 1 William G. Berg, Jr., City C1 =~ 9~ ~sr is4 ~ {~ rO c~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ISECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 19 OF 20 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: ~G-~ City Clerk =z-o~ Z:\WOrk1M\Meridiml\Meridian 15360MLStrickland Sub R7 03-012 PFP-03-006 CLiP-03-063\FfC]sCUP03-063.doc S.1 ,`.y_ FO $T,+°~L 9 ~M ^Q :,,/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/17/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE BUILDING IN A PROPOSED O-T ZONE, LOCATED AT 1225 MAIN STREET, MERIDIAN, IDAHO ROY STRICKLAND, APPLICANT Case No. CUP-03-063 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on February 17, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recornrnendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit fora multi- tenant medicaUoffice building in an O-T zone, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with ORDER CONDTTIONAL USE PERMIT (CUP-03-063) PAGE 1 OF 8 all modifications required by this report. 2. All conditions of the accompanying Preliminary/Final Plat application shall also be considered conditions of the CUP. 3. One freestanding sign on Meridian Road will be allowed for the proj ect as presented during the hearing. 4: The existing home on proposed Lot 2 shall remain as residential use only until approved for non-residential use. Process and conditions to change the use will be subject to the ordinances in effect at the time of application. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. The row of parking adjacent to stormwater swale may be reduced to 17 feet deep. All drive aisles adjacent to pazking shall be at least 25 feet wide. 7. A joint use agreement for the stormwater pond shall be recorded and a copy submitted to the Planning & Zoning Department. The pond shall be landscaped in accordance the pond be landscaped in compliance with Ordinance 12-13-14-2. 8. The pazkway buffer between the curb and sidewallc shall be widened to 10 feet. 9. The 7 trees proposed for removal may be removed without mitigation. However, all existing mature trees around the adjacent residence on proposed Lot 2 must be retained and protected. 10. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 11. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 12. 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 or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 13. All signage shall be in accordance with the standards for an L-Ozone set forth in this ORDER CONDITIONAL USE PERNIIT (CUP-03-063) PAGE 2 OF 8 report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 14. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 15. 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 E nvironmental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian 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. The applicants engineer shall work with the Public Works Department on the design and location of the proposed storm drain facilities. The storm drain facility can not be approved in the current proposed location due to the existence of a City of Meridian sanitary sewer main. 16. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 17. Revised Plans: Staffrecommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. Construct a 5-foot wide detached concrete sidewalk on Meridian Road located 2-feet within theright-of--way. Coordinate the location and elevation of the sidewalk with District staff: If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to the issuance of a building ORDER CONDITIONAL USE PERMIT (CUP-03-063) PAGE 3 OF 8 permit (or any other required permits). Please contact the Right-of--Way Division at 387- 3271 for guidelines. 2: Replace unused curb cut on Main Street with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The applicant shall be required to provide access to the two lots internally from the improved alley. 4. Dedicate additional right-of--way to provide 10-feet from centerline of the alley. Provide additional pavement to the alley with the dedication ofright-of--way: 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Main Street and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing imgation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable 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. ORDER CONDITIONAL USE PERNIIT (CUP-03-063) PAGE 4 OF 8 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable mad impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall wntact ACRD 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 District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the propertywhich is the subject of this application, shall require the applicant to comply with all rules, regulafions, ordinances, plans, or other regulatory and legal restrictions in force at the dme 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a fuming radius of 28' inside and 48' outside. 3. All access roads within the prof ect shall have a clear driving surface with a minimum width of 20' available at all times. Provide a 20' driving surface in the alley for building access. ORDER CONDITIONAL USE PERNIIT (CUP-03-063) PAGE 5 OF 8 D. Adopt the Recommendations of 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 Environmental Quality. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (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 ORDER CONDTITONAL USE PERNIIT (CUP-03-063) PAGE 6 OF 8 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 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. hi the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than 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 maybe filed. ORDER CONDITIONAL USE PERMIT (CUP-03-063) PAGE 7 OF 8 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 ~ day of ~ d~ZQ/L(/~~ .2004. i Tammy eerd, Mayor City of Meridian Attest: ~~ /~ William G. Berg, Jr., City erk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~C~=-/~~ Dated: ~~Z ~~¢ City Clerk Z:\WOrkVvlNM1eridim~\Meridian 15360MVStrickland Sub RZ-(13-012 PFP-03-006 CUP-03-06310rderCUP.doc ORDER CONDITIONAL USE PERMTI' (CUP-03-063) PAGE 8 OF 8