HomeMy WebLinkAboutEl Dorado Business Campus MIBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/22/04
IN THE MATTER OF THE
REQUEST TO AMEND EXHIBIT D
(LIST OF USE PERMISSIONS AND
RESTRICITONS) TO THE
DEVELOPMENT AGREEMENT
(AZ-O1-018) FOR BONITO
SUBDIVISION AND MARKETED
AND APPROVED A5 EL DORAGO
BUSINESS CAMPUS FOR EL
DORADO BUSINESS CAMPUS,
LOCATEDAT THE SOUTHWEST
CORNER OF OVERLAND ROAD
AND EAGLE ROAD IN SECTION
20, TOWNSHIP 3 NORTH, RANGE
1 EAST, MERIDIAN, IDAHO
CASE NO. MI-04-006
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING MISCELLANEOUS
APPLICATION
W.H. MOORE COMPANY,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City
Council on June 22, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East
Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and
Jonathan Seel, appeared and testified, and no one appeared in opposition, and the City Council
having received a report from Brad Hawkins-Clark of the Planning and Zoning Department, and
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDNISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 1 OF 7
the City Council having received as part of the record of this matter the recommendation to City
Council of the Planning and Zoning Commission, makes the following:
FINDINGS OF FACT
The subject property is located at the southwest corner of Overland Road and
Eagle Road in Section 20, Township 3 North, Range 1 East, Meridian, Idaho.
2. The owner of record is Kimball Properties, L.P. Winston Moore, who is a
registered agent for Kimball Properties, and he has submitted notarized consent for the subject
application.
Applicant is W.H. Moore Company whose address is 600 N. Steelhead Way,
Suite 144, P.O. Box 8204, Boise, Idaho 83704.
4. Chapter 2 of the Zoning Ordinance ("Definitions") has been reviewed to
determine if conformance would be allowed within the DA. Below is the definition of "Nursing
Home" as listed in Title 11-2-2:
"Nursing Home: A private establishment that provides living quarters and care for the
elderly or the chronically ill. "
Additionally, Section 11-2-2 also defines "Convalescent or Nursing Home, Rest Homes"
as follows:
"Any home, place or institution which operates or maintains facilities providing
convalescent or chronic care, or both, for a period in excess of twenty four (24)
consecutive hours for two (2) or more patients not related by blood or marriage to the
operator, and said patients, who by reason of illness or inf rmity, are unable to properly
care for themselves. "
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS, AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 2 OF 7
Therefore, "Residential care facilities," the other use proposed by W.H. Moore Co. to be
permitted under the DA, is not specifically defined under Meridian City Code 11-2-2. When a
use is not listed as a permitted use, that use requires a CUP application for approval unless a
similar use already listed is identified. That being said, it does not seem like a significant
distinction between a "nursing home" and a "residential care facility." Both terms imply assisted,
24-hour type care where health professionals are available on the premises.
The most significant difference between a standazd L-O use/operation and nursing homes
or residential Gaze facilities is probably the hours of operation. There will presumably be
employee shift changes and some limited outdoor activities occurring after normal business
hours as well as seven (7) days a week. Also, if the residents/patients have access to rear patios
with lights, this could create some potential complaints from Thousand Springs property owners.
It is believed that this use, stated in the application to comply with the 35-foot maximum
height restriction, is consistent with the other allowed uses in the "Ridenbaugh Section." Since
this section is the more restrictive of the two areas, it would therefore be a consistent use in the
"Main Section" as well.
5. The proposed application requests a modification to the recorded development
agreement for Bonito Subdivision (marketed and approved as El Dorado Business Campus).
W.H. Moore Company is proposing to amend Exhibit D (List of Use Permissions and
Restrictions) of the Development Agreement, entered into as a condition of File AZ-O1-018.
They aze proposing to allow skilled nursing homes and residential care facilities as permitted
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 3 OF 7
uses, as the Development Agreement expressly prohibits nursing homes and sanitariums in either
the C-C or C-G zone. The addendum to the original development agreement would allow
nursing homes and residential care facilities as Permitted Uses to Exhibit D. The Development
Agreement, dated January 21, 2003, was recorded on February 7, 2003, as Instrument No.
103020830, records of Ada County, Idaho. As detailed in Section 4 of the Development
Agreement, uses within the development are divided into two main sections -the "Ridenbaugh
Section" and the "Main Section." The "Ridenbaugh Section", which is comprised of six
buildable lots located between the Ridenbaugh Canal and E. Copper Point Drive, is zoned C-G
but is restricted to L-O type uses and flex uses as the only permitted uses. All other uses listed in
Exhibit D as permitted or conditional are allowed in this section only as conditional uses. While
this application specifically states the nursing home /residential care facility would be located in
the "Ridenbaugh Section", only amending Exhibit D would mean this use becomes a permitted
use in both sections (unless otherwise specified).
6. The subdivision is 87.79 acres in size and is located at the southwest corner of
Overland Road and Eagle Road. The subdivision is split zoned -approximately 35 acres as C-C
and approximately 52 acres as C-G.
Exhibit D (List of Use Permissions and Restrictions) of the recorded development
agreement (Instrument No 103020830) for this site (AZ-O1-018) shall be amended for (MI-04-
006) and which amended Exhibit D list is attached hereto as Exhibit A, and consisting of three
(3) pages, and by this reference incorporated as set forth in full herein.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 4 OF 7
8. The City Council acknowledges the letter, placed in public record in this matter,
from Ed and Barbara Strickfaden dated June 22, 2004.
CONCLUSIONS OF LAW
Approval of this request to amend Exhibit D (List of Use Permissions and
Restrictions) of the recorded Development Agreement for AZ-O1-018 for Bonito Subdivision
(marketed and approved as EI Dorado Business Campus) is based on the information and
testimony provided at the public heating by the applicant's representative.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The applicant is hereby granted amendment to Exhibit D (List of Use Permissions
and Restrictions) of the recorded Development Agreement for AZ-01-018 for Bonito Subdivision
(marketed and approved as El Dorado Business Campus), based upon the information and
testimony provided by the applicant's representative.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDNISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 5 OF 7
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 fmal 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.
By action of the City Council at its regular meeting held on the day of
~64,t°~ , 2004.
Attest:
C?~ ~ptwa~,9 tFo
By: ~~i•~--'~~'~ i ~- . ,~ SEAL
William G. Berg, Jr., City Cl r~.~ 9 Gc~r tst •1~ ~~~
Copy served upon Applicant, the Plann}x} g tment, Public Works Department
and City Attorney. ~~~"~~ ~n r ~~"``~~~
By: Dated: ~ ' Z~J` 0~
y Clerk
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 6 OF 7
ROLL CALL
COUNCILMAN WARDLE VOTED~a-
COUNCILMAN NARY VOTED~-
COUNCILMAN ROUNTREE VOTED~~'
COUNCILMAN BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:~~~~ Dated: ~~3 .
City Clerk
Z:1Work\M\Meridian~IvIeridian 15360M~EI Dorado Business Campus MI-04-0061FfClsOrd MI-04-006.doc
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE
PERMISSIONS AND RESTRICTIONS) FROM AZ-O1-018 BONITO
SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS
FOR EL DORADO BUSINESS CAMPUS FOR MI-04-006
PAGE 7 OF 7
EXHIBTI' D
List of Use Permissions and Restrictions
Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use
Control, as maybe amended from time. The following use may also be developed as
permitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Repair Shop -Minor; Car Wash and Service
Station.
Bank, Financial Institution
Microbrewery Type Bottling and Distribution Plant
Bus Station
Church
Clinics (Medical, Dental, Optical)
Club, Lodge, Social Hall
Convenience Store w/ Gasoline Services
Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop;
Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Cettters -Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers -Outdoor: Amusement Parr Ball Park (baseball, football,
soccer); Water Park, Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already permitted)
Grocery Stores
Hospitals
Indoor Firing Range
Laboratories (Medical, Denial, Optical)
Laundry, Clothes Cleaning, Pressing Business
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Molded Plastic Products
Mortuary
Newspaper and Printing Establishment
Offices
Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking
Garage/Structure
Parks and Plazas
Personal Services: Barber Shop; Massage Parlor; Beauty Salon.
Pharmacy
Post -Secondary Educational Facilities
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Fublic and Quasi-Public Uses
Radio and Television Stations (except exterior communications facilities districts)
Restaurant
Personal Service: Barber Shop; Massage pazlor; Beauty Salon
Photography Studio
Private Commercial Schools (Business, Art, Dance, Music, Medical/Dental
Technician, Martial Arts)
Retail
Restaurant
Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery
Seed and Garden Supply
Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy
Hotels
Self-Service Storage
Standby Generators
Theater (Excluding Drive-ins)
Vocational, Trade, Industrial Schools
Warehouses Storage
Utility Facility -- Major
Utility Facility -- Mmor
Wholesale Business
The following uses maybe allowed upon application and approval of a conditional use:
Automobile Repair Shops-Major
Child Caze Facilities
Communication Towers
Drive-ins, Drive-through Establishmems
Missions; Food Kitchens
Residential (Planned Unit Developments)
Sales Lots
Schools, Private (vocational, trade and industrial schools are permitted)
Sheher Homes
The following uses, in addition to those included in the Meridian Ordinance Section 11-
8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditionaluse above)
are expressly prohibited.
Adult Business (bookstore, theater, performance)
Alcoholic Establishments )other then combined with restaurant services or
6;~ NA" a o~'~
hoteUmotel facilities)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
H~alf~way Houses ~je;~a~
~Re "~ ~~e~~S~ ~
Truck Terminal
Truck Stop Uses.
~~ i f ~Cb~J,~6n On e7ux~ S~?Aa~