Market Square AZI~,~~~~I~1~
JUN 2 t~ 2004
City Of Meridian
City Clerk Office
KEVIN DINIU$
JULIE KLEW F75CHER
CHRISTOPHE0.D. GABDERT
WM. F. GIGRAY, N
T. GUY HALLAM tz
TILL S. HOLIRKA
JOFEJ R. I:ORMANIK ~
W ILLIAM A. MORROW
WILLIAM F. NICHOLS ~#
WHITE PETERSON
ATTORNEYS AT LAW
CANYON PARK AT THE IDAHO CENTER
5700 E FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 4669272
FAX (208) 4664405
CHRLSTOPHE0.5. NVL
PHILIP A. PErERSON
TODD A. ROSSM1IAN
TERAENCE R. W HITS ~~~
• Also admitted in CA
Also admitted in OR
'"t Also admitted in WA
June 18, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re. AGREEMENT /ORDINANCE & CERT FICAOTION OF CL RK / SUMMAR YORDINANCE
AND SUMMARY ORDINANCE COVER LETTER / A~04-009
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of June 15, 2004, and which are on
an upcoming Council agenda. I have also attached the original of the Development Agreement for the
owner(s) and/or developer(s) signatures. After the Council meetm~, if Council approves the Findings of Fact
and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted, then please place this ordinance on the City Council agenda. This ordinance should
not be assed until the Findin s of Fact and Conclusions of Law and Decision and Order
Geantine Application for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Counci]
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very tr y ~>~~
i
Wm. F. Nichols
Z:\WorkN4N4eridiantiVleridian 16360M1[vIazke[ Squaze AZ-04-0091FFCL DEV AGMT ORD Clerk LV O6 i8 04.dac
BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/15/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 36.93 ACRES )
FOR PROPOSED MARKET )
SQUARE FROM RUT TO G-C, )
LOCATED ON THE NORTHEAST )
CORNER OF THE INTERSECTION )
OF USTICK ROAD AND EAGLE )
ROAD/SH 55, IMMEDIATELY )
NORTH OF THE PROPOSED )
KIS5LER/COBB5/EAGY/RUWE )
ANNEXATION AND WE5T OF )
PROVIDENCE PLACE )
SUBDIVISION, TOWNSHIP 4 )
NORTH, RANGE 1 EA5T, SECTION )
33, MERIDIAN, IDAHO j
Case No. AZ-04-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
SMITH BRIGHTON,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on June 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, David Turnbull, Tish Gilbert, Tom Davis, Sherry Kusic, Emma Beck,
Antonio Kusic, Richard Beck, Carol Stringham, Scott Hamden, Coralee Kleeberg, and Kirk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 1 OF 30
Carroll, appeared and testified, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The 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 Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 36.93 acres in size and is located on the
northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of
the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision,
Township 4 North, Range 1 East, Section 33, Meridian, Idaho, all within the Area of hnpact of
the City of Meridian and the Meridian Urban Service Planning Area as defined in the 2002
Meridian Comprehensive Plan.
4. The owner of record of the subject property is Caven, Inc. is the current property
owner and has submitted notarized consent for the subject application. Applicant is Smith
Brighton of Boise, Idaho.
The property is presently zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 2 OF 30
6. The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial).
The Applicant proposes to develop the subject property in the following manner:
The applicant provided a detailed plan for the southern portion of the property, which includes a
Lowe's store on 15.4 acres, and several pads for small service, commercial and retail in this
general area, and general commercial on the remainder of the property A detailed list of
permitted conditional and prohibited uses for the entire site will be listed in Item Number 6. of
the Development Agreement, entitled Conditions Governing Development of Subject Property.
8. The Applicant requests zoning of the subject real property to C-G (General Retail
and Service Commercial), which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map, which designates the subject property as Mixed Use-Regional.
9. There is a historic structure on the parcel which may affect the consideration of
this application. There are no other scenic or natural features of major importance.
10. The City Council recognizes the concerns of Allen Jamison, David Boehecker,
Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and Carol Stringham.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 3 OF 30
A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows:
Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report, to
read as follows: "The 12 acres shown as "Commercial" on the north end of the site
shall be required to incorporate some professional office or another non-retail use."
2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following
activities/uses: comyactor and emergency venerator.
3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence
which reads: "All such activities shall be confined between the hours of 6:00 am and
8:00 nm." (Per action of the City Council taken at their June 15, 2004 meeting, hours
shall be 6:00 a.m. to 8:00 p.m.)
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The legal description submitted with the application meets the requirements of the City
of Meridian and State Tax Commission and places the parcel contiguous to existing city
limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending
annexations prior to approval of this application.)
2. The subject property is within the Urban Service Planning Area. Essential City services
are or will be made available to the subject property.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and developer. The DA shall incorporate the following:
a. Include the detailed and concentual site plan (received by the City Clerk on Apri116,
revised) as an exhibit of the DA, noting approval with the following exceptions:
i. Only the new, north-south road location and profile, Baldcypress, and the
lazge retail building footprint with associated parking receive detailed
approval at the time of annexation. All other representations onthe site plan
are conceptual and shall require separate detailed approvals through the City
of Meridian in accordance with the Zoning and Subdivision Ordinances in
effect at the time of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 4 OF 30
ii. The 12 acres shown as "Commercial" on the north end of the site shall be
required to incorporate some professional office or another non-retail use.
The Zoning Administrator is granted authority through this DA to determine
whether a future use and/or site plan complies with the intent of this
agreement;
iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and
Ustick Road are not approved and must be approved separately through
ACHD and ITD;
iv. The 20-foot wide buffer between land uses on the east property line shall be
constructed along the entire boundary prior to CO's being issued for any
new building on the property. Additionally, the developer shall ensure a 6-
foot sound wall is constructed along the entire east property line;
v. The parking ratio for the bulk retail use in the southeast corner shall be
allowed to be one parking space per 250 sq. ft. of gross floor area;
vi. A minimum 7-foot wide pedestrian walkway shall be added to the site plan,
extending north of the Ustick Road sidewalk on the east side of the middle
driveway and across the drive aisle.
b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the
DA, noting approval with the following modifications:
i. All roof-mounted HVAC and other mechanical equipment shall be screened
so as not to be visible from either Eagle Road/SH 55 or Ustick Road
abutting the property;
ii. The free-standing sign shown on the east elevation in the garden center is
not approved. Only one free-standing sign shall be allowed on the Ustick
Road frontage.
c. Include the "Permitted Conditional and Prohibited Uses" list as an exhibit of the
DA, noting the following modifications:
1. List the following proposed "Permitted Uses" as "Conditional Uses":
• Bottling and Distribution Plant (Microbrewery Type)
• Hospitals
• Molded Plastic Products
• Utility Facility -Major
• Warehouse Storage
2. Define "Standby Generators"
3. Add "Anv structure over 50 000 square feet shall require a conditional use
permit for site plan review only and not for permitted uses, which are listed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 5 OF 30
separately under the application." (Per action of the City Council taken at
their June 15, 2004 meeting.)
4. Add a footnote to the exhibit which states:
"This list is not an exhaustive inventory of all possible uses. When/if a use
is proposed that is not specifically listed, such use shall be expressly
prohibited unless b~pplication and authorization it is determined by the
Plannine and Zonine Administrator that said use is similar to and
compatible with a listed permitted use. Such use(s) may then only be
permitted as a conditional use, reeardless of the proposed site location."
d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscape design so that the visual and acoustic impacts of said functions are
minimized. All such activities shall be confined between the hours of 6:00 am and
8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.)
e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI
and VII) as being applicable to all future development within the boundaries of this
annexation:
Transportation Policies Applicable to the Market Square Annexation•
• "Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all forms of transportation
such as transit, walking, and cycling.
• New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling.
• In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
• Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-street
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 6 OF 30
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
aze adopted.
Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location of private
driveway access connections to this important roadway."
Mixed Use Development Policies Applicable to the Mazket Square Annexation:
• "Where feasible, multi-family residenfial uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
• Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on
the scope of the development, prior to a formal development application being
submitted;
• In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of
common, usable area, such as a plaza or green space;
• Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. 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, when services
are available from the City of Meridian. Wells maybe used for non-domestic purposes
such as landscape irrigation.
5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55
sidewalk and landscape buffer. Provide a written response to staff outlining the results of
said discussions and any specific design standards ITD may request as part of this
development.
C. Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 7 OF 30
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 60-feet ofright-of--way from centerline along Ustick
Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and
48 feet ofright-of--way from centerline along Ustick Road abutting the remainder of
the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 58 feet from centerline at the intersection of Ustick Road and
Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the
site.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at
the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of
Ustick Road on the remainder of the site, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet from any existing roadway (measured centerline to
centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting
the site and should construct a 5-foot concrete sidewalk on the south side of the
roadway abutting the site.
4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road
intersection a minimum of 440 feet from the signalized intersection for afull-access
driveway and a minimum of 220 feet from the signalized intersection for aright-
in/right-out only driveway.
5. Construct any driveways that aze proposed to intersect Ustick Road to align or offset a
minimum of 230-feet from any existing or proposed driveway or street.
6. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and
collector streets shall be identified as having no access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 8 OF 30
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street from the east property line into the site.
9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
10. Comply with all Standard Conditions of Approval.
ACRD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
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 Standazds and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 9 OF 30
8. Payment of applicable mad impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any 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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a) Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle.
b) The Fire hydrant shall not face a street which does not have addresses on it.
c) Fire hydrant mazkers shall be provided per Public Works spec.
d) Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e) Fire Hydrants shall be placed on corners.
f) Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
3) Provide a 20' wide Fire Lane for all internal & external roadways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE ] 0 OF 30
4) Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
6) Commercial and office occupancies will require afire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300'
apart.
7) The commercial project will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2397 responses in the yeaz 2003. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in
the yeaz 2005 and 3800 by the year 2010.
8) Maintain a separation of 5' from the building to the dumpster enclosure.
9) All processes & storage practices shall be required to comply with the International Fire Code.
10) Fire Sprinklers will be required for all buildings associated with this project.
11) No Parking signs and painted curbs will be required for all Fire Lanes.
12) Provide exterior egress lighting as required by the International Building & Fire Codes.
E. Adopt the Recommendations of the Meridian Police Department as follows:
1. Please contact the Police Chief for detailed review of any development proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
F. Adopt the Recommendations of the Sanitary Services Co. as follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows:
For clarification:
1. The Applicant shall not be required to construct vehicular access to the southernmost stub
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 11 OF 30
street from Heather Meadows Subdivision located at the eastern boundary of the property,
but shall construct a pedestrian pathway to connect to the stub street.
2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the
property in place of the fencing.
The Applicant shall the the Leighton Lateral with thirty inch concrete pipe.
4. The Applicant shall be required to comply with the ITD landscaping requirements for the
frontage on Eagle Road.
5. The Applicant shall be required to provide a public plaza within the development.
6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said
sections shall now read as follows:
B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site
plan review only and not for permitted uses, which are listed sepazately under the
application.
B.3.d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similaz facilities and functions shall be incorporated into the overall building
and/or landscaping design so that the visual and acoustic impacts of said functions
are minimized. All such activities shall be confined between the hours of 6:00 a.m.
to 8:00 p.m.
7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply
with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the
development.
8. With the provision of a sound wall on the east boundary, the Applicant shall only be required
to meet the current Meridian City Code requirements pertaining to landscaping east of the
Lowe's building. In other words, a berm is not required.
12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject property as "Mixed Use-Regional." The purpose of the Mixed Use designation is "to
provide for a combination of compatible land uses that are typically developed under a master or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 12 OF 30
conceptual plan...and to identify key azeas [of the City] which are either infill in nature or situated
in highly visible or transitioning areas of the City where innovative and flexible design opportunities
aze encouraged. The intent of this designation is to offer the developer a greater degree of design and
use flexibility." (Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated
purpose and intent ofthe MU-Regional designation. The applicant is not, however, indicating amix
of uses within this development.
In addition to the Future Land Use Map, it is found that there are Comprehensive Plan text
policies which both support and may not support this annexation. The following Goals, Objectives,
and Action items contained in the 2002 Comprehensive Plan are applicable to the annexation and
zoning application:
Chapter IV, Goal I, Obj. A, #6
Chapter V, Goal III, Obj. B, #8
Chapter VI, Goal I, Obj. A, #3
Chapter VI, Goal II, Obj. A, #6
Chapter VII, pg. 98
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal N, Obj. A, #6
Chapter VII, pg. 98
13. The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commerciallurban type development. Champion Park Subdivision
(aka "Pazkstone") is a 100+ acre, mixed use development about a '/4 mile west of the subject
property, the first phase of which has received final plat approval. Cazol Professional Center is a six
acre office park (zoned L-O) located approximately one half (''/z) mile south of the subject property
on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to
serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 13 OF 30
subdivision located in Boise City east of the property. Therefore, it is found that a rezone of the
proposed property would be compatible with other land use and facility changes in the area.
14. It is found that there is only one (1) specific use listed in the application
(superstore); all other uses are future. It is recommended that all of the future uses within the
proposed C-G zone be restricted with a DA. Further, to minimize potential noise, odor, air
pollution, and visual pollution, the applicant and staff have prepared a list of uses for the DA.
Some of the more intense uses will be processed through the Conditional Use Permit process. It
is found that with an executed DA that sets guidelines for future uses on this site, and separate
Conditional Use Permit review for future buildings, the requested zoning designation will be
harmonious with and in accordance with the 2002 Comprehensive Plan and the MU-Regional
designation.
15. It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
ordinances are exercised. Unless restricted aspart ofthe DA,twenty-four (24) hour operations would
be allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast
comer of the building which may, depending upon delivery times, cause a disturbance. A trash
compactor for the superstore is also proposed at the southeast corner of the site which may cause
some disturbance to existing residential uses to the east and south. These and other future uses can
be mitigated through appropriate screening and buffering techniques.
16. It is found that roadway improvements will be required on Ustick Road to handle the
additional traffic generated by future development. The Public Works Department recently
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 14 OF 30
completed construction of the South Slough Trunk extension in the vicinity of this annexation. The
project extended the trunk to the Eagle /CTstick Road intersection. Municipal water is currently
available in Ustick Road in front of the property. A new fire substation was opened earlier this year
to serve this azea. All other public services and facilities appear to be adequate to service this
property.
17. It is found that this development will not cause excessive additional requirements at
public cost. The South Slough Trunk extension was funded by the City of Meridian but will not
create new demands on the public coffer for this development. Other required site improvements will
be funded and constructed by the developer. It is also found that the annexation and zoning alone
will not be detrimental to the corrununity's economic welfare.
18. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire
hazazds, bulk storage, and contractor's yazds. In addition, a DA could establish use parameters that
would prevent detrimental effects. To comply with this finding, is recommended that a DA be
entered into which addresses specific uses.
In terms of traffic generation, this site has approximately 1,230 feet of frontage on Ustick
Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to
ACHD estimates the site, at 2010 build-out, to generate 10,825 additional vehicle trips per day with
an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles per hour. Approximately 35%
of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road
destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CIP for roadway
widening within the next 15 years. ACHD is allowing two driveways, aright-in/right-out and a full-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) PAGE 15 OF 30
access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east
property line. Final determination will be made upon submittal of a development application
(building permit).
On April 23, 2004, a joint agency/department comments meeting was held with
representatives ofkey service providers to this property. The Meridian Fire and Police Departments
submitted a list of conditions and needs in order to adequately serve the project, including restricted
access to Eagle Road/SH 55 (see Finding H). The applicant should coordinate the location and
design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions
from the Fire and Police Departments and other agencies/departments are addressed in number
paragraph 11 hereinabove.
19. It is found that the proposed and future uses will impact the level and flow of traffic
on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg.
107), staff finds that the number of vehicular access points to Eagle Road/SH 55 should be restricted
and comply with ITD Type iV access policies in order to preserve the capacity and movement on this
roadway at build-out. City staff, including the Meridian Fire and Police Departments, is
recommending no new approaches be allowed to Eagle Road/SH 55.
20. There is an existing house on the eastern parcel (3580 E. Ustick) which is listed inthe
Ada County Historic Sites Inventory as eligible for the National Register of Historic Places.
However, it is found that this is not a scenic feature of "major" importance and this finding is
technically met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 16 OF 30
21. It is found that the annexafion of this property would be in the best interest of the
City for the following reasons:
• increased commercial land base supply for development along a primary corridor;
• increased property tax revenue;
municipal services are available to the area; and
• application substantially complies with the Comprehensive Plan.
It is also found that during previous public hearings, the current property owner was led
to believe that once an annexation path and municipal services were available to this site the City
of Meridian would likely annex the property. This is especially pertinent given the fact that Boise
City currently has services available and is contiguous to the north and east.
22. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
23. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 17 OF 30
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following aze found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter IV, Goal I, Obj. A, #6
Chapter V, Goal III, Obj. B, #8
Chapter VI, Goal I, Obj. A, #3
Chapter VI, Goal II, Obj. A, #6
Chapter VII, pg. 98
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal IV, Obj. A, #6
Chapter VII, pg. 98
5. The zoning of (C-G) General Retail and Service Commercial is defined inthe Zoning
Ordinance at § 11-7-2 K as follows:
(C Gl General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 18 OF 30
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
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:
1. The applicant's request for annexation and zoning of approximately 36.93 acres to
General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this
Order hereinafter stated.
2. The application is for annexation and zoning of 36.93 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009) pAGE 19 OF 30
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Special Recommendation of the Plarming & Zoning Commission as follows:
Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report,
to read as follows: "The 12 acres shown as "Commercial" on the north end of the
site shall be required to incorporate some professional office or another non-retail
use.
2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following
activities/uses: compactor and emervencv venerator.
Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence
which reads: "All such activities shall be confined between the hours of 6:00 am
and 8:00 pm." (Per action of the City Council taken at their June 15, 2004
meeting, hours shall be 6:00 a.m. to 8:00 p.m.)
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The legal description submitted with the application meets the requirements of the City
of Meridian and State Tax Commission and places the parcel contiguous to existing city
limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending
annexations prior to approval of this application.)
2. The subject property is within the Urban Service Planning Area. Essential City services
are or will be made available to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 20 OF 30
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and developer. The DA shall incorporate the following:
a. Include the detailed and conceptual site plan (received by the City Clerk on Apri116,
revised) as an exhibit of the DA, noting approval with the following exceptions:
i) Only the new, north-south road location and profile, Baldcypress, and the
large retail building footprint with associated parking receive detailed
approval at the time of annexation. All other representations on the site plan
are conceptual and shall require separate detailed approvals through the City
of Meridian in accordance with the Zoning and Subdivision Ordinances in
effect at the time of development;
ii) The 12 acres shown as "Commercial" on the north end of the site shall be
required to incorporate some professional office or another non-retail use.
The Zoning Administrator is granted authority through this DA to determine
whether a future use and/or site plan complies with the intent of this
agreement;
iii) The vehicular access points shown on the site plan to Eagle Road/SH 55 and
Ustick Road are not approved and must be approved separately through
ACHD and ITD;
iv) The 20-foot wide buffer between land uses on the east property line shall be
constructed along the entire boundary prior to CO's being issued for any new
building on the property. Additionally, the developer shall ensure a 6-foot
sound wall is constructed along the entire east property line;
v) The parking ratio for the bulk retail use in the southeast corner shall be
allowed to be one parking space per 250 sq. fr. of gross floor area;
vi) A minimum 7-foot wide pedestrian walkway shall be added to the site plan,
extending north of the Ustick Road sidewalk on the east side of the middle
driveway and across the drive aisle.
b) Include the four (4) buildine elevations, drawn by SSOE, Inc., as an exhibit of the
DA, noting approval with the following modifications:
i) All roof-mounted HVAC and other mechanical equipment shall be screened so as
not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the
property;
ii) The free-standing sign shown on the east elevation in the garden center is not
approved. Only one free-standing sign shall be allowed on the Ustick Road
frontage.
c) Include the "Permitted Conditional and Prohibited Uses" list as an exhibit ofthe DA,
noting the following modifications:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 21 OF 30
1. List the following proposed "Permitted Uses" as "Conditional Uses":
• Bottling and Distribution Plant (Microbrewery Type)
• Hospitals
• Molded Plastic Products
• Utility Facility -Major
. Warehouse Storage
2. Define "Standby Generators"
Add "Anv structure over 50 000 square feet shall require a conditional use
permit for site plan review only and not for permitted uses. which are
listed separately under the application." (Per action of the City Council
taken at their June 15, 2004 meeting.)
4. Add a footnote to the exhibit which states:
"This list is not an exhaustive inventorv of all possible uses. When/if a use
is proposed that is not specifically listed such use shall be expressly
prohibited unless by application and authorization it is determined by the
Planning and Zoning Administrator that said use is similar to and
compatible with a listed permitted use Such use(s) may then only be
permitted as a conditional use regardless of the proposed site location."
d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscape design so that the visual and acoustic impacts of said functions are
minimized. All such activities shall be confined between the hours of 6:00 am and
8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.)
e. The DA shall also cite the following Comprehensive Plan policies (from Chapter
VI and VII) as being applicable to all future development within the boundaries of
this annexation:
Transportation Policies Applicable to the Market Square Annexation:
"Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all forms of transportation
such as transit, walking, and cycling.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 22 OF 30
• New development should not rely on cul-de-sacs since they provide poor fire
access, wallcability, and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling.
In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-street
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
• Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location of private
driveway access connections to this important roadway."
Mixed Use Development Policies Applicable to the Market 5auare Annexation:
• "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
• Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on
the scope of the development, prior to a formal development application being
submitted;
• In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of
common, usable area, such as a plaza or green space;
Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. 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, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 23 OF 30
5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55
sidewalk and landscape buffer. Provide a written response to staff outlining the results of
said discussions and any specific design standards ITD may request as part of this
development.
C. Adopt the Recommendations of ACRD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 60-feet ofright-of--way from centerline along Ustick
Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and
48 feet ofright-of--way from centerline along Ustick Road abutting the remainder of
the site, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 58 feet from centerline at the intersection of Ustick Road and
Eagle Road and 41-feet from the centerline of Ustick Road on the remainder of the
site.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at
the intersection of Ustick Road and Eagle Road and 41-feet from the centerline of
Ustick Road on the remainder of the site, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet from any existing roadway (measured centerline to
centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting
the site and should construct a 5-foot concrete sidewalk on the south side of the
roadway abutting the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 24 OF 30
4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road
intersection a minimum of 440 feet from the signalized intersection for afull-access
driveway and a minimum of 220 feet from the signalized intersection for aright-
in/right-out only driveway.
5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230-feet from any existing or proposed driveway or street.
6. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and
collector streets shall be identified as having no access.
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street from the east property line into the site.
9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-
8300.
10. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
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 specifically waived
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 25 OF 30
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.
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.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least 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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 26 OF 30
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
3. Provide a 20' wide Fire Lane for all internal & external roadways.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
6. Commercial and office occupancies will require afire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 300' apart.
7. The commercial project will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the yeaz 2005 and 3800 by the yeaz 2010.
8. Maintain a sepazation of 5' from the building to the dumpster enclosure.
9. All processes & storage practices shall be required to comply with the International Fire
Code.
10. Fire Sprinklers will be required for all buildings associated with this project.
11. No Parking signs and painted curbs will be required for all Fire Lanes.
12. Provide exterior egress lighting as required by the Intemational Building & Fire Codes.
E. Adopt the Recommendations of the Meridian Police Department as follows:
1. Please contact the Police Chief for detailed review of any development proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 27 OF 30
F. Adopt the Recommendations of the Sanitary Services Co. as follows:
Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows:
For clazification:
1. The Applicant shall not be required to construct vehicular access to the southernmost stub
street from Heather Meadows Subdivision located at the eastern boundary of the property,
but shall construct a pedestrian pathway to connect to the stub street.
2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the
property in place of the fencing.
3. The Applicant shall the the Leighton Lateral with thirty inch concrete pipe.
4. The Applicant shall be required to comply with the ITD landscaping requirements for the
frontage on Eagle Road.
5. The Applicant shall be required to provide a public plaza within the development.
6. Pertaining to the Staff Report, and in particulaz to sections B.3.c.3. and B.3.d., and said
sections shall now read as follows:
B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site
plan review only and not for permitted uses, which are listed separately under the
application.
B.3.d. The following standard shall apply to all development on the subject property: "All
loading docks, compactors, emergency generators, trash collection, outdoor storage
or similar facilities and functions shall be incorporated into the overall building
and/or landscaping design so that the visual and acoustic impacts of said functions
are minimized. All such activities shall be confined between the hours of 6:00 a.m.
to 8:00 p.m.
7. The Applicant agreed at the June 15, 2004 public heazing, and will be required, to comply
with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 28 OF 30
8. With the provision of a sound wall on the east boundary, the Applicant shall only be required
to meet the current Meridian City Code requirements pertaining to landscaping east of the
Lowe's building. In other words, a berm is not required.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHING5 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 fmal 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.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
PAGE 29 OF 30
By action of the City Council at its regulaz meeting held on the
ROLL CALL
2004.
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DA
MOTION:
APPROVED: DISAPPROVED:
day of
VOTED
VOTED
VOTED
VOTED
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By:
City Clerk
Dated:
Z:\Work\IvIWleridian\[vIeridian I5360M~Mazket Squ~e A7.04-009WZFfC1&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MARKET SQUARE
(AZ-04-009)
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