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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 ) ) ) ) ) ) ) ) ) ) ) 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 -:"'':'J~ t'ou~m . ~~"""" 'if \\> .!.I'lJUt! nln\~'