Sonntag Eye Associates CUP 99-024
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SONNTAG
EYE ASSOCIATES ORASSIGNS,
FORA CONDITIONAL USE
PERMIT FOR A MEDICAL
OFFICE BUILDING AND
OUTPATIENT SURGERY
FACILITY, LOCATED AT LOT 15
OF MAGIC EYE SUBDIVISION,
MERIDIAN, IDAHO
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Case No. CUP-99-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council on October 5, 1999, and Shari Stiles, Planning and Zoning
Administrator, and appearing on behalf of the Applicant, Scott Freeman, appeared and
testified in favor of the application and no one appearing in opposition, and the City
Council having received the staff report and the record made before the Planning and
Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 1
FINDINGS OF FACT
1. 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
October 5, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred (300') feet of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearings
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 said October 5, 1999, public hearing; 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 ss67-6509 and 67-6512; and 9s11-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES I MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 2
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21,1993 Ordinance #629 - January 4,1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
The property is located on the corner of Gentry Way and Allen Street, Meridian,
Idaho.
4. The property is located at Lot IS of Magic Eye Subdivision,
Meridian, Idaho.
5. The owners of record of the subject property are John R. Sonntag
and Alberta Sonntag, husband and wife, of 3373 N. Tumbleweed, Boise, Idaho.
6. Applicant is Sonntag Eye Associates or Assigns of 520 S. Eagle Rd.,
Suite 31 04, Meridian, Idaho.
7. The subject property is currently zoned Ada County Rural
Transitional (R- T) and there is a pending application for annexation and zoning to
Meridian City General Retail and Service Commercial (C-G). The zoning district of C-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 3
G is defined within the City of Meridian Zoning and Development Ordinance, Section
11-2-408B.(1l ).
8. The proposed application requests a conditional use permit for tl1e
construction and development of a 60,000 sq. ft. medical office building intended to
house professional tenants and six operating rooms for out-patient surgery. The
General Retail and Service Commercial (C-G) zoning designation witl1in the City of
Meridian Zoning and Development Ordinance requires a conditional use pem1it be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-2-409B).
9. That the Applicant, Sonntag Eye Associates or Assigns, and John
R. Sonntag and Alberta Sonntag, owners of the property, are granted a conditional use
permit for the construction and development of a 60,000 sq. ft. medical office building
intended to house professional tenants and six operating rooms for out-patient surgelY,
located at Lot IS of Magic Eye Subdivision, Meridian, Idaho, as described in the Site
Plan dated 26JUN99, ALLEN STREET CARE CENTER, BY: JOHNSON
ARCHITECTS, SOUTH LANDSCAPE ARCHITECTURE, P.c., for the development
of the aforementioned projects and which property is described hereinbelow to-wit:
A parcel of land being a portion of Lot 15, Amended Magic View
Subdivision, as filed for record in the office of the Ada County Recorder,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 4
Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in
. Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, and more particularly described as follows;
Commencing at the Southeast Corner of the Northeast 1/4 of said
Section 17, from which the Northeast Corner of the Southeast 1/4 of said
Northeast 1/4 of Section 17 bears North 00022'58'1 West 1326.59 feet;
thence along the easterly boundary of said Northeast 1/4 of Section 17,
North 00022'58" West 104.66 feet to the centerline of Gentry Way;
thence leaving said easterly boundary and along said centerline of Gentry
Way, South 8903 7'02" West 709.05 feet to the easterly boundary of said
Lot 15, being the POINT OF BEGINNING;
. thence leaving said centerline of Gentry Way and along said easterly
boundary of Lot 15, said easterly boundary also being the centerline of
Allen Street, South 00022158" East 225.65 feet to an iron pin on the
Northerly right-of-way of Ramp D-A, Eagle Interchange of Interstate 84,
Project No. IR-84-1 (12) 45 Highway Survey, and Warranty Deed
Instrument No. 8805287;
thence along said northerly right-of-way of Interstate 84, South 53024'3411
West 376.64 feet to an iron pin on the westerly boundary of said Lot 15;
thence leaving said northerly right-of-way of Interstate 84, and along said
westerly boundary of Lot 15, North 27016'29" West 636.51 feet an iron
pin monumenting the Northwest Corner of said Lot 15;
thence along the northerly boundary of said Lot 15, South 72050'00" East
127.00 feet to an iron pin;
thence continuing along said Northerly boundary, South 84041'13" East
473.05 feet to an iron pin monumenting the Northeast Corner of said Lot
15;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 5
thence leaving said northerly boundary and along the easterly boundary
of said Lot 15, being also the centerline of Allen Street, South 00022'5811
East, 34.30 feet to the POINT OF BEGINNING, comprising 4.340 acres,
more or less.
SUBJECT TO:
All existing easements and road rights~ofwway of record or appearing on
the above-described parcel of land.
10. The use proposed within the subject application will in fact,
constitute a conditional use as determined by City Ordinance.
11. Giving due consideration to the comments 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.
11.A Conditions requested by the City of Meridian Planning and
Zoning Administrator and Assistant City Engineer within their
Memorandum dated August 30, 1999, be required as follows:
Adopt the Meridian fire Department's Recommendations as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 6
11.1 Applicant shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
Adopt the Central District Health Department's Recommendations as follows:
11.2 Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
11.3 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.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
11.4 Applicant shall submit a Land Use Change/Site Development
application for review prior to final platting.
11.5 Requires all laterals and wasteways be protected.
11.6 All municipal surface drainage shall be retained on site. If any
surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
11.7 Applicant must comply with Idaho Code 31-3805.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
11.8 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
11.9 Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 7
Zoning and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
11.10 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. All site drainage shall be
contained and disposed of on~site.
11.ll Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
11.12 All sigtlage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and Development
Ordinance.
11.13 Determine the seasonal high groundwater elevation, and submit a
profile of the subsurface soil conditions as prepared by a soil scientist
with the design of site drainage plan.
11.14 Provide sidewalks in accordance with City Ordinance Section 11-9-
606.B.
11.15 All construction shall confonn to the requirements of the Americans
with Disabilities Act.
11.16 Applicant will be responsible for construction of the water mains to
and through this proposed development. Project designer to
coordinate main sizing and routing with the Public Works
Department. Applicant shall provide the Public Works Department
with information on anticipated fire flow and domestic water
requirements for the proposed site. Water service to this development
is contingent upon positive results from a hydraulic analysis by our
computer model. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 8
11.17 Applicant shall be required to enter into an Assessment Agreement
with the City of Meridian. In addition to these assessments, water
and sewer "Late Comers" fees will also be charged against this parcel
to help reimburse the parties responsible for installing the water and
sewer mains to their current points.
11.18 Underground pressurized irrigation must be provided to all landscape
areas on site. Applicant shall submit hook-up and design details based
on the proposed landscaping. Due to the landscape area, primary
water supply connection to the City's mains will not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary
source, developer shall be responsible to pay water assessments for
the entire common open area.
11.19 Applicant is proposing a six (6) foot landscape strip adjacent to
Freeway Drive. 1-84 is identified as an entryway corridor in the
Comprehensive Plan, which requires a thirty-five foot (3S) landscape
strip beyond the required right-of-way. While this parcel does not
have direct frontage on 1-84, it is highly visible from the Eagle Road
off-ramp and 1-84 west-bound traffic and functions as an entryway
for Meridian. Staff recommend the applicant approach ITD to
investigate the potential for a license agreement to landscape within
the 1-84 right-of-way between Freeway Drive and the north 1-84
boundary to meet the 35-foot buffer requirement.
11.20 Applicant shall install a ten-foot (10') landscape strip along the Allen
Street frontage.
11.21 Applicant shall coordinate screened trash enclosure locations and
construction requirements with Sanitary Service Company and
provide a letter of approval from their office prior to applying for
building permits. All trash areas are to be enclosed by a screening
fence on three (3) sides.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 9
11.22 Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act. A total
of six ( 6) handicap-accessible stalls are required and six ( 6) are shown.
However, given the medical office use and anticipated clientele, staff
encourages the addition of at least three (3) handicap parking stalls.
11.23 No signage has been proposed and none is approved "vith this
application. All signage will be subject to design review and requires
separate permits.
11.24 Six~foot-high, pennanent perimeter fencing shall be provided adjacent
to the existing residential and agricultural use along the west
boundary line.
11.25 This conditional use pemlit shall be subject to review upon ten (10)
days notice to the applicant. Transfer of the conditional use permit
will need to be submitted and approved by the Zoning Administrator
for any new owners/tenants.
11.26 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 1 l-9-
605.M. The ditches to be piped should be shown on the site plans.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
11.27 Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City
Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
Additionally, the Planning and Zoning Commission requires:
11.28 No building permit will issue until all sewer and water are operational
and approved by the appropriate authorities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 10
11.29 A minimum 19-foot landscape buffer is required along future Freeway
Drive with extra planning for additional buffering.
11.30 The applicant shall switch from a lift station/sewer ejector to a gravity
fed sewer system when the lines become available. Further the
applicant shall coordinate with Meridian City staff on placement of
future lines.
(The Meridian Planning and Zoning Commission's approval of this
application is based on the new updated site plan submitted for the public
hearing on August 31, 1999 and not the original submission to the City of
Meridian on June 30, 1999.)
12. The proposed uses within the subject application will be
harmonious with and in accordance with the Meridian Comprehensive Plan and the City
of Meridian Zoning and Development Ordinance.
13. The uses proposed within the subject application will be subject to
the conditions set forth in Finding of Fact no. 11 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such uses will not change the intended essential
character of the same area.
14. The uses proposed within the subject application will not be
hazardous or disturbing to existing or future neighboring uses.
15. The uses proposed within the subject application will be served
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY . II
adequately by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
16. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
17. The uses proposed within the subject application will not involve
uses, activities, 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.
18. The development will not result in the destruction, loss or damage
of natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code S 67"6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits; and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of political
subdivisions, including school districts, to provide services for the
proposed use, and when it is not in conflict with the plan; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 12
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities or
services; requiring more restrictive standards than tllose
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery by
any political subdivision, including school districts, providing
services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Pennits by the enactment of S 11-2-418
Municipal Code.
3. Idaho Code S 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 13
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:
1. That the Applicant, Sonntag Eye Associates or Assigns, and John R. Sonntag
and Alberta Sonntag, owners of the property, are granted a conditional use permit for the
constructiol1 and development of a 60,000 sq. ft. medical office building intended to house
professional tenants and six operating rooms for out-patient surgery, located at Lot 15 of
Magic Eye Subdivision, Meridian, Idaho, as described in the Site Plan dated 26JUN99,
ALLEN STREET CARE CENTER, BY: JOHNSON ARCHITECTS, SOUTH
LANDSCAPE ARCHITECTURE, P.c., as conditionally approved by order of the City
Council for the development of the aforementioned projects and which property is
described hereinbelow to-wit:
A parcel of land being a portion of Lot 15, Amended Magic View Subdivision, as
filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 52
of Plats at pages 4445 and 4446, lying in Section 17, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, and more particularly described as
follows;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY . 14
Commencing at the Southeast Corner of the Northeast 114 of said Section 17, from
which the Northeast Comer of the Southeast 114 of said Northeast 1/4 of Section
17 bears North 00022'5811 West 1326.59 feet;
thence along the easterly boundary of said Northeast 1/4 of Section 17, North
00022'58" West 104.66 feet to the centerline of Gentry Way;
thence leaving said easterly boundary and along said centerline of Gentry Way,
South 8903 T0211 West 709.05 feet to the easterly boundary of said Lot 15, being
the POINT OF BEGINNING;
thence leaving said centerline of Gentry Way and along said easterly boundary of
Lot 15, said easterly boundary also being the centerline of Allen Street, South
00022'58" East 225.65 feet to an iron pin on the Northerly right-of-way of Ramp
D-A, Eagle Interchange of Interstate 84, Project No. IR~84-1 (12) 45 Highway
Survey, and Warranty Deed Instrument No. 8805287;
thence along said northerly right-of-way of Interstate 84, South 53024134" West
376.64 feet to an iron pin on the westerly boundary of said Lot 15;
thence leaving said northerly right-of-way ofInterstate 84, and along said westerly
boundary of Lot 15, North 2701629" West 636.51 feet an iron pin monumenting
the Northwest Corner of said Lot 15;
thence along the northerly boundary of said Lot 15, South 72050'00" East 127.00
feet to an iron pin;
thence continuing along said Northerly boundary, South 84041113t1 East 473.05 feet
to an iron pin monumenting the Northeast Corner of said Lot 15;
thence leaving said northerly boundary and along the easterly boundary of said Lot
15, being also the centerline of Allen Street, South 00022158" East, 34.30 feet to the
POINT OF BEGINNING, comprising 4.340 acres, more or less.
SUBJECT TO:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY . 15
All existing easements and road rights-of-way of record or appearing on the above.
described parcel of land.
2. The applicant is granted a conditional use permit for and subject to the
following terms and conditions:
2.1 Applicant shall satisfy all fire code requirements including those pertaining
to water flow and fire hydrants.
2.2 Stormwater shall be pretreated through a grassy swale prior to discharge to
. the subsurface to prevent impact to groundwater and surface water quality.
2.3 The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stonnwater management system that prevents groundwater and
surface water degradation.
2.4 Applicant shall submit a Land Use Change/Site Development application
for review prior to final platting.
2.5 Requires all laterals and wasteways be protected.
2.6 All municipal surface drainage shall be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
2.7 Applicant must comply with Idaho Code 31-3805.
2.8 Off-street parking shall be provided in accordance with Section 11-2A 14 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 16
2.9 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.DA and 1l~2-414.D.5 of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.10 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 parldng areas. All site drainage shall be contained and
disposed of on-site.
2.11 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance vvith City
Ordinance Section 1l~2-414.D.3.
2.12 All signage shall be in accordance with the standards set forth in Section 11-
2-415 of the City of Meridian Zoning and Development Ordinance.
2.13 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
2.14 Provide sidewalks in accordance with City Ordinance Section 11-9-606.B.
2.15 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.16 Applicant will be responsible for construction of the water mains to and
through this proposed development. Project designer to coordinate main
sizing and routing with the Public Works Department. Applicant shall
provide the Public Works Department with information on anticipated fire
flow and domestic water requirements for the proposed site. Water service
to this development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing mains
should be monitored with the Meridian Water Department.
FINDINGS OF PACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES I MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 17
2.17 Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, water and sewer "Late
Comers" fees will also be charged against this parcel to help reimburse the
parties responsible for installing the water and sewer mains to their current
points.
2.18 Underground pressurized irrigation l1mst be provided to all landscape areas
on site. Applicant shall submit hook-up and design details based on the
proposed landscaping. Due to the landscape area, primary water supply
connection to the City's mains will not be allowed. Applicant shall be
required to utilize any existing surface or well water for the primary source.
If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
2.19 Applicant is proposing a six (6) foot landscape strip adjacent to Freeway
Drive. 1-84 is identified as an entryway corridor in the Comprehensive
Plan, which requires a thirty-five foot (35') landscape strip beyond the
required right-of-way. While this parcel does not have direct frontage on 1-
84, it is highly visible from the Eagle Road off-ramp and 1-84 west-bound
traffic and functions as an entryway for Meridian. The applicant shall
approach ITD to investigate the potential for a license agreement to
landscape within the 1-84 right-of-way between Freeway Drive and the
north 1-84 boundary to meet the 35-foot buffer requirement, and will
install a 35 foot strip if an agreement with ITD can be met.
2.20 Applicant shall install a ten-foot (10') landscape strip along the Allen Street
frontage.
2.21 Applicant shall coordinate screened trash enclosure locations and
construction requirements with Sanitary Service Company and provide a
letter of approval from their office prior to applying for building permits. All
trash areas are to be enclosed by a screening fence on tl1fee (3) sides.
2.22 Handicap parldng, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act. A total of six (6)
handicap-accessible stalls are required and six (6) are shown. However,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY " 18
given the medical office use and anticipated clientele, staff encourages the
addition of at least three (3) handicap parking stalls.
2.23 No signage has been proposed and none is approved with this application.
All signage will be subject to design review and requires separate permits.
2.24 Six-footwhigh, permanent perimeter fencing shall be provided adjacent to
the existing residential and agricultural use along the west boundary line.
2.25 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. Transfer of the conditional use permit will need to
be submitted and approved by the Zoning Administrator for any new
owners/tenants.
2.26 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to
be piped should be shown on the site plans. Plans will need to be approved
by the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
2.27 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section
5-7~517. Wells may be used for non-domestic purposes such as landscape
irrigation.
2.28 No building permit will issue until all sewer and water are operational and
approved by the appropriate authorities.
2.29 A minimum 19~foot landscape buffer is required along future Freeway Drive
with extra planning for additional buffering.
2.30 The applicant shall switch from a lift station/sewer ejector to a gravity fed
sewer system when the lines become available. Further the applicant shall
coordinate with Meridian City staff on placement of future lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY . 19
(The Meridian Planning and Zoning Commission's approval of this application is
based on the new updated site plan submitted for the public hearing on August 31,
1999 and not the original submission to the City of Meridian on June 30, 1999.)
3. 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, Public Works Department and City Attorney and any affected party
requested notice.
NOTICE OF FINAL ACTION
Please talce notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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 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
5.1-1-
day of
dt~
,2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES! MEDICAL OFFICE BUILDING
Al"JD OUTPATIENT SURGERY FACILITY - 20
COUNCILMAN BIRD
COUNCILPERSON DeWeerd
COUNCILPERSON McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
7-5'-00
MOTION: APPROVED: k( f3
~ --f6 ~ if)
VOTED
VOTED -* CL.
VOTED *$..../
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
BwJ/~d!:.~ 9--
City Clerk
Dated: 7/S"-t/{)
msglZ:\ W ork\M\1v1eridian 15360MWlen Street Care Ctr\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
SONNTAG EYE ASSOCIATES / MEDICAL OFFICE BUILDING
AND OUTPATIENT SURGERY FACILITY - 21
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