Ten Mile Development CUP
A
clfcrldi!C "
IIWID
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
RECEIVED
MAR 25 2005
qty Of Meridian
CIty Clerk Office
Date of Recommendation: March 24, 2005
Project Name:
Ten Mile Development
Case No(s):
RZ-04-017, CUP-04-051
Applicant:
Hansen-Rice, Inc.
P&Z Commission Hearing Dates: January 20,2005 & February 17,2005
A. Recommendation:
Approve (Four ayes; One nay)
B. Summary of Public Hearing:
January 20.2005
*Note: The Commission made a final motion on the CPA application at this hearing (see separate
P&z Commission Recommendation) but there was no substantive discussion that occurred on 1-
20-05 regarding the RZ and CUP applications. Rather, the Commission instructed the applicant to
meet with staff to work out the nine (9) issues outlined in the 1-18-05 staff report and continued
the hearing to 2-17-05. The two hearings were opened but most of the discussion focused on
noticing and process matters.
I. In favor: Dave McKinnon (representing applicant)
2. In opposition: None
3. Commenting: Bill Nary (regarding application process issues)
4. Staff presenting application: Brad Hawkins-Clark
February 17. 2005
I. In favor: Dave McKinnon
2. In opposition: None
3. Commenting: None
4. Other staff: Bill Nary
C. Key Issues of Discussion by Commission:
February 17.2005 Hearing
1. Amount of non-residential building area (the motion ended up as a hotel plus at least
50,000 sq. ft. of office or non-retail use)
2. ITD's requirements and existing/proposed access points to Eagle Road
3. Hickory Drive connections and intersections with Fairview Avenue and Pine Avenue
4. The amount of Mixed Use and Commercial land already designated and/or built along
the Eagle Road corridor and the appropriateness ofIight industrial uses at this location.
Concern was also voiced about the timing of the project being premature.
D. Key Commission Changes to Staff Recommendation:
1. Staff recommended denial of the RZ and CUP applications (see the 1-18-05 staff report
for arguments); the Commission is recommending approval.
2. The Commission amended RZ Condition #3, bullet point one, to require the developer
to incorporate a minimum of 50,000 square feet of professional office or non-retail
uses in addition to the hotel use.
3. The Commission deleted RZ Condition #3, bullet point five, regarding the
relinquishment of the McCall Property easement. (This is because the revised site plan
preserves the 50-foot ingress-egress easement to Eagle Road.)
4. The Commission amended CUP Condition #2.c. to allow a phasing plan to be
submitted with the first detailed CUP application (rather than on the conceptual plan,
as staff originally recommended).
E. Outstanding Issue(s) for City Council:
I. Clarification on Application Process: As a reminder, MCC 11-15-4.B requires that the
CPA application be approved prior to any action being taken on the RZ application. If
the CPA application is approved, the City Council should instruct staffto prepare a
resolution to amend the 2002 Comprehensive Plan Future Land Use Map. The City
Attorney should clarify if the RZ and CUP findings can be adopted by City Council
prior to the CPA resolution being adopted.
2. Mix of Uses: On March 23rd, two ofthe project developers (Joe Stafford and Russ
Hunnemiller) and their representative, Dave McKinnon, met with staff (Bill Nary, Brad
Hawkins-Clark and Cheryl Brown) to review some of staff's original concerns about
the CPA application and the removal of existing I-L zoned land from the city
inventory. The discussion centered around the mix of uses, especially in light of the
pending Pinebridge Subdivision application (Dennis Baker) to the west ofthis site.
Staff reiterated concerns about the amount of retail being proposed.
The developers stated they did not intend to construct all 615,430 sq. ft. of retail as the
application originally proposed. They emphasized the development would be market-
driven and that non-retail uses would be targeted to the west end of the site with retail
remaining on the eastern end. No specific uses or floor areas were committed to at the
meeting other than they understand the Commission's motion to incorporate at least
50,000 sq. ft. of non-retail uses.
Staff recommends RZ condition #3.a (first bullet) be amended to further clarify the
maximum amount of retail use floor area permitted on the propertv (in light of the
developer's commitments made at the 3-23-05 meeting with staID. Staff expects that a
revised conceptual site plan mav be needed.
3. Pine Avenue Extension: During the 2-17-05 P &Z Commission presentation, staff made
a new recommendation (not previously discussed with the applicant) that a DA
condition be added which restricts site construction to 300,000 sq. ft. of building area
until Pine A venue is connected to Nola A venue to the west. The Traffic Impact
Statement submitted with the application shows a significant reduction of vehicle trips
accessing Eagle Road when this connection is made (20,452 trips using Eagle vs.
16,114 trips using Eagle if Pine is connected). The 300,000 sq. ft. figure was chosen
because this threshold already applies to the non-retail uses. The P&Z Commission did
not discuss this issue or include it in their motion.
This recommendation assumed a 100% retail build-out ofthe site. However, assuming
the amount of retail is reduced (per #1 above), the trip generation will likely decrease-
depending, of course, upon the ultimate mix of uses. If so, our concern about Pine
A venue being connected before this build-out is lessened to some degree. Staff
recommends the applicant be prepared to address this issue at the Citv Council hearing
and. if possible. have Mr. Funkhouser (traffic engineer) testify on anticipated trip
reductions assuming a new mix of uses.
4. Transit Station: The future UPRR transit station called-out on the site plan received
very little discussion at the P&Z Commission hearings by either the applicant or the
Commission. However, staff believes the transit station needs more discussion and
clarification for the public record prior to the hearings being closed. Specifically, is the
applicant intending and/or should be required to participate financially in any future
transit station improvements? What mechanisms, if any, should be put in place now to
ensure any future commuter rail capital projects can be tied into this development?
As noted in staff's CPA report, transit improvements to the rail corridor are not in
adopted Valley Ride or COMPASS transportation plans and conversion of the rail for
transit is likely several years away. The applicant is proposing two (2) amenities above
and beyond the transit station. That being said, since the station is shown on the master
plan and the application narrative identifies it as a central feature of the development,
we think more discussion needs to occur at the council level.
5. Proiect Name: It is staff's understanding that the "Ten Mile Development" name on the
application form is not intended as the ultimate marketing name ofthe project; it's the
LLC name ofthe developers only. However, if the City Council approves the
applications, we recommend the applicant clarify for the record that a different project
name will be used to market the development.
F. Exhibits
Exhibit A - Findings of Fact, Conclusions of Law and Decision & Order for Approval
EXHmIT A
Ten Mile Development
RZ-O4-017 & CUP-O4-051
Legal Description
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UNLIMITED BOUNDARIES, INC.'OBA
Bergey Land Surveying
1103 W. Main St.
Middleton, ill 83644
Walt Neitz, PLS
Doug Bergey, PLS
Phone: 208.585.5858
Fax: 208.585.9001
DESCRIPTION FOR ELIXIR INDUSTRIES
FOR ANNEXATION & ZONING APPLICATION
A PORTION OF THE SE v.. OF SECTION 8, T.3N., R.IE., B.M.
MERIDIAN, ADA COUNTY, IDAHO
A parcel ofland being a portion of theSE v.. of Section 8, T.3N., R.IE., B.M., Meridian, Ada
County, Idaho and being more particularly described as follow",
Commencing at a brass cap marking the Southeast comer of said SE v.. of Section 8, thence aloug
Ibe Easterly boundary ofswd SE v.., North 01 '29'03" East 1298.35 feet to the Northerly right-of-
way line oflbe Union Pacific Railroad, the REAL POINT OF BEGINNING;
Thence along swd Northerly right-of-way line, North 88'28'27" West 70.00 feet to an iron pin;
Thence continuing along said Northerly right-of-way line, North 88'28'27" West 1303.29 feet to an
iron pin;
Thence along the Easterly boundary of that certain parcel ofland conveyed by Elixir Industries to
Upland Industries Corporation, as recorded in Instrument No. 8226773, Official Records of Ada
County, Idaho, North 00'32'01" East 450.00 feet to an iron pin at the Northeast comer of said Elixir
to Upland Industries conveyance;
Thence along a line panillel wilb said Northerly right-of-way line of the Union PaciÍlc Railroad,
North 88'28'27" West 1219.64 feet to Westerly boundary ofswd SE v.. of Section 8;
Thence along swd Westerly boundary, North 00'32'01" East 837.00 feet to a brass cap at the
Northwest comer of swd SE v..;
Thence along the Northerly boundary of said SE v.., South 89'54'01" East 2615.04 feet to a brass
cap at'the Northeast comer of swd SE v..;
Thence along the Easterly boundary of said SE v.., South 01'29'03" West 1351.89 feet to the poiot
ofbeginniog, comprising 66.27 acres, more or less.
SUBJECT TO,
M'RIOIAN PUBClC
WORK> OEPT.
Any easements of record or appearing on the above descrihed pared of land.
:"~!W APP-"-°f~'1o-- ~
D ?(ilI"
Exhibit A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for a Rezone of 61.63 Acres from I-L (Light Industrial) and L-O
(Limited Office) to a C-G (General Commercial) Zone AND for a Conditional Use Permit
for a Conceptual Planned Development for Commercial/Retail Uses for Approx. 615,430
sq. ft. of Building Area in a Proposed C-G Zone, by Hansen-Rice, Inc.
Case No(s). RZ-04-017, CUP-O4-054
For the City Council Hearing Date of: March 29, 2005
A. Findings of Fact
I. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the March 29, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for approval to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ.O4-O17, CUP-04-051 - PAGE I of5
3. Application and Property Facts
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) ofrecord at the time of issuance ofthese
findings is Elixir Industries of Gardena, CA (represented by Robert Cuthbertson).
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit E for the findings required for the Rezone application.
See Exhibit F for the findings required for the Conditional Use Permit application.
b.
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6, That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site
Plan dated 1/31/05 as shown in Exhibit B and the Conditions of Approval in Exhibits C
and D. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-04-017,CUP-04-051 -PAGE2of5
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 that:
I. The applicant's CUP Conceptual Site Plan (dated 1/31/05, rev.) is hereby conditionally
approved; and
3. The site specific and standard conditions of approval are as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
I. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground, In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void, However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.8.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. 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 the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-0I7, CUP-O4-051 -PAGE 3 of5
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Conceptual Site Plan
Exhibit C: Rezone Comments/Development Agreement Conditions of Approval
Exhibit D: Conditional Use Permit Conditions of Approval
Exhibit E:
Rezone Findings
Conditional Use Permit Findings
Exhibit F:
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED-
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED-
COUNCIL MEMBER KEITH BIRD
VOTED-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
Mayor Tammy de Weerd
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-04-017,CUP-O4-051 -PAGE40f5
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-O4-0I7,CUP-O4-051 -PAGE50f5
EXHIBIT B
Ten Mile Development
CUP-04-051
Approved Conceptual Site Plan
,,=
1.
2.
EXHIBIT C
Ten Mile Development
Rezone Application, RZ-04-017
Comments & Development Agreement Conditions
The legal description submitted with the application appears to meet the
requirements of the City of Meridian and State Tax Commission and places the
parcel contiguous to existing city limits.
Prior to the Rezone ordinance approval, the property owner shall be required to
enter into a Development Agreement (DA) with the City of Meridian as a
condition of rezone. The DA shall require that:
. Uses shall be restricted to those allowed in the CoG zone and as follows: The
developer shall be required to incorporate a minimum of 50,000 square feet of
professional office or non-retail use in the development, in addition to the
hotel. No more than 300,000 square feet of retail use shall be constructed
before the developer receives detailed CUP approval to demonstrate
compliance with this condition. 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
.
All future uses within the property boundaries shall be required to obtain
detailed Conditional Use Permit approval prior to construction.
.
Based on the submitted Traffic Impact Study, a continuous right-turn lane is
needed on Eagle Road for the proposed access points. ITD should require a
turn lane for any access that is approved on Eagle Road, and should acquire
sufficient riglJt-of-way for those and any future improvements. The developer
shall submit written verification from lID that this condition is complied with
at the time of the first detailed CUP application on the site.
.
A maximum of one (1) right-inlright-out access to Eagle Road is permitted (in
addition to the existing E. Pine Ave access). All access on Eagle Road shall be
restricted to right-inlright-out operations only, and that medians be installed in
Eagle Road to restrict the access points, including the Commercial Court
access.
.
The current layout of the site requires trucks to access Eagle Road to serve the
proposed uses. The applicant shall design the site to eliminate the need for
Eagle Road access for trucks.
. All roof-mounted HV AC and other mechanical equipment shall be screened
so as not to be visible from either Eagle Road/SH 55 or E. Pine Avenue
abutting the property.
Ten Mile Development -RZ-O4-017 - Findings of Fact and Conclusions of Law- Exhibit C
Page 10f2
5.
.
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.
3.
Any existing domestic wells will have to be removed from their domestic service
per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8,
when service becomes available to this site. Wells may be used for non-domestic
purposes such as landscape irrigation.
4.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
Any future subdivision, uses and construction on this property shall comply with
the City of Meridian ordinances in effect at the time.
Ten Mile Development-RZ-O4-017 - Findings ofFaet and Conclusions of Law- Exhibit C
Page 2 of2
5.
6.
EXHlBIT D
Ten Mile Development
Conditional Use Permit Application, CUP-04-051
Conditions of Approval
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/pm
1. All conditions of the accompanying Rezone application (including the
Development Agreement) shall also be considered conditions of the Conditional
Use/PD application.
2.
The Conceptual Master Site Plan labeled "Option A" (updated 1/31/05 by
Hansen-Rice, Inc.) is hereby approved, with the following modifications:
a. Increase the amount of outdoor open space/patio area around the hotel site;
b. Clearly depict/label the continuous pathways throughout the site;
c. An overall phasing plan shall be submitted with the first detailed Conditional Use
Permit application for this project. Revisions to the phasing plan may be approved
by the Planning Director or hislher assigns if changes to the plan are requested.;
d. Per MCC 12-13-11-2.8., provide a minimum five (5) foot wide landscape strip
along the entire south property line.
3.
Prior to the first detailed CUP application being submitted, the applicant shall
submit an easement or other legal document that preserves the area between the
UPRR right-of-way and the main street boulevard area as a public pedestrian area
to allow for use of the potential transit station. Coordinate said document with the
Planning & Zoning and Legal Department staff.
4.
No new buildings are approved for construction under this conceptual CUP/PD
application (File No. CUP-04-051). All future buildings shall require approval of
a detailed CUP prior to submittal of any Certificate of Zoning Compliance
application and/or building permit.
The developer shall be responsible to create a system for tracking all required
parking and open space throughout the course of the development and submit an
update with each Certificate of Zoning Compliance.
Provide at least two amenities, as approved by the City Council, for the Planned
Development. The Planning & Zoning Commission recommends the following
amenities be required of the developer:
a. A minimum of 10% of the gross area of the site (or 6.2 acres) shall be improved
as open space at site build-out, exclusive of the Eagle Road and E. Pine Avenue
street buffers. This open space may include all outdoor patio/plaza areas that are
beyond the standard 5-foot sidewalk required by Meridian City Code.
Ten Mile Development - CUP-04-05! - Findings ofFac! and Conclusions of Law- Exhibit D
Page I of?
b. A minimum I O-foot wide multi-use pathway that generally extends from the
northwest corner of the site to the rail transit station in the southeast corner.
c. If the developer constructs or posts surety for the future bus stop on E. Pine
A venue, this shall be deemed a project amenity.
7.
Off-street parking shall be provided in accordance with Section 11-13 of the City
of Meridian Zoning and Development Ordinance. All vehicular use areas shall be
paved in accordance with Meridian City Code.
8.
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The applicant has not indicated who will own
and operate the required pressurized irrigation system within this development.
The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water (MCC 12-13-8.3). The applicant should be required to
utilize any existing surface or well water for the primary source. If a surface or
well source is not available, a single-point connection to the culinary water
system shall be required, If a single-point connection is utilized, the developer
will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized
irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with MCC 12-13-8 and MCC 9-1-28.
9.
Unless a waiver is specifically granted by City Council, all irrigation ditches,
laterals or canals, exclusive of natural waterways, intersecting, crossing or lying
adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
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.
10.
All fencing shall be installed in accordance with MCC 12-4-10. If no permanent
fencing is provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit.
II.
A drainage plan designed by a State of Idallo licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idallo Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idallo Department of
Water Resources regarding Shallow Injection Wells.
Ten Mile Development- CUP-O4-051 - Findings of Fact and Conclusions of Law- Exhibit D
Page 200
16.
17.
12.
The applicant will be responsible to construct the water mains to and through this
proposed development (looped). Project designer to coordinate main sizing and
routing and new easements with the Public Works Department. Please provide the
Public Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site. Flow and pressure from the existing
mains should be monitored with the Meridian Water Department.
13.
No Parking signs and painted curbs will be required for all Fire Lanes. Paint the
curb red and provide signage "No Parking Fire Lane".
14.
The applicant shall coordinate the location and design of trash dumpsters with
Sanitary Services Company (SSC) staff. Trash enclosures must be built in the
location and to the size approved by SSC. Prior to Certificate of Zoning
Compliance (CZC) submittal, the applicant shall submit a revised site plan,
stamped approved by SSC, for the proposed trash enclosure location and design.
All dumpster(s) must be screened in accordance with MCC 11-12- I.C.
15.
No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit
must be obtained prior to the start of development.
GENERAL REOUIREMENTS (CONDITIONAL USE PERMIT/PD)
1. Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.C,
2.
3.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Ten Mile Development- CUP-04-0Sl - Findings of Fact and Conclusions of Law- Exhibit D
Page 3 00
4,
Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCYffiEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT CONDITIONS
I. All Fire Department Connections (FDC) must be within 100 feet of a fire hydrant.
6. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'l'," outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
4.
5.
7,
8.
9.
10.
2.
Applicant shall comply with Appendix D of the International Fire Code for access to
all building walls with a height of 30 feet or greater (including parapets). It may be
necessary to increase fire lane widths to 26 feet.
Applicant shall coordinate with the Meridian Fire Department and prepare an
addressing plan for the site.
All driveways located behind buildings (as depicted on the conceptual site plan)
shall be posted as "No Parking."
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
b.
c.
d.
e.
f.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
Provide a 20' wide fire lane for all internal and external roadways.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
II. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
Ten Mile Development - CUP-O4-05 I - Findings ofFaet and Conclusions of Law - Exhibit D
Page 4 of7
12. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of300' apart.
13. Maintain a separation of5' from the building to the dumpster enclosure.
14. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
15. Fire Sprinklers will be required for all buildings associated with this project.
16. Provide exterior egress lighting as required by the International Building & Fire
Codes.
17. Provide a Knoxbox entry system for the complex.
18. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. This cost
of this installation is to be borne by the developer,
19. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb
red and provide signage "No Parking Fire Lane".
20. Please contact the Fire Marshal at 888-1234 to work specific issues associated with
this project.
SANITARY SERVICE CO. CONDITIONS
I. SSC has no comments related to this application at this time.
PARKS & RECREATION DEPARTMENT CONDITIONS
I. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation System
Plan, pgs. 3-2 and 3-3, sections B & C.
2.
Standard for City to assume Maintenance of a section of Pathway: The pathway must
connect from one major arterial to another, and either an easement or ownership deed
must be granted before the city will assume the maintenance of any section of pathway.
ADA COUNTY HIGHWAY DISTRICT
A. Site Specific Conditions of Approval
1. Construct Pine Street abutting the site and dedicate sufficient right-of-way to
accommodate the improvements. The applicant will not be compensated for any
improvements or right-of-way. The roadway shall be improved to a 5-lane section
Ten Mile Development - CUP-O4-051 - Findings ofFaet and Conclusions of Law - Exhibit D
Page 5 of7
with bike lanes on the south side, as weIl as curb, gutter, and a 7-foot attached
sidewalk, or a 5-foot detached sidewalk separated from the roadway by a minimum
5-foot wide landscape strip. At the intersection of Eagle Road, additional turn lanes
will be required on Pine Street to provide a 7-lane street section (2 westbound
through lanes, 2 northbound turn lanes, 2 eastbound through lanes, 1 southbound
right turn lane). The roadway shall be improved abutting the entire site.
2. The proposed driveway on Pine Street in alignment with the Regence driveway on
the north side of the street, located 320-feet west of Eagle Road, is not approved.
The driveway shall be located a minimum of 470-feet west of Eagle Road, to
provide sufficient offset from the intersection, and a minimum ISO-feet of offset
from the Regence driveway.
3. Construct a driveway in alignment with Rosario Street, as proposed.
4. Construct a driveway in alignment with Hickory Street, as proposed.
5. The proposed public street off of Pine Street intersecting Hickory is not approved.
A driveway may be constructed in this location,
6. Provide a $105,000 road trust deposit for the cost of the signal at Hickory and Pine.
7. Stacking requirements at the Hickory/Pine intersection shall be as recommended by
the supplement to the traffic impact study. Single left turns will be sufficient at this
intersection, and for eastbound traffic a through-right is sufficient for as-lane
roadway.
8. Comply with all Standard Conditions of Approval.
IDAHO TRANSPORTATION DEPARTMENT
(The following conditions were submitted to the City Clerk in a 12-17-04 letter from Dan
Coonce, District Traffic Engineer.)
I.
No direct access will be aIlowed to Eagle Road, This section ofSH-55 has been
designated a Principal Arterial Type IV. ITD would like the City of Meridian to help
us preserve this corridor.
2.
Noise abatement (berms, fences, etc.) will be the responsibility of the applicant and
will be constructed off of the State Right of Way, See enclosed Noise Abatement
Measures.
CENTRAL DISTRICT HEALTH DEPARTMENT
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
Ten Mile Development- CUP-04-051 - Findings of Fact and Conclusions of Law- Exhibit D
Page 6 of?
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of HeaIth & Welfare, Division of Environmental
Quality.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Ten Mile Development- CUP-O4-051 -Findings ofFac! and Conclusions of Law- Exhibit D
Page 7 of7
EXHIBIT E
Rezone Findings
Ten Mile Development
(File RZ-04-017)
The City Council hereby approves the following findings of the Planning & Zoning
Commission:
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment. "
The following is the list of standards found in 11-15-11:
"A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The proposed C-G rezone is harmonious with and in accordance with the Future
Land Use Map of the Comprehensive Plan for the site. The applicant has
submitted an application for a Comprehensive Plan map. amendment for the
western 22 acre portion of the property (currently designated "Industrial"). The
proposed CoG zone is harmonious with the Mixed Use-Regional (MU-R)
designation for the eastern portion of the site, The purpose of the MU-R
designation is to provide for a combination of compatible land uses that are
typically developed under a master or conceptual plan and to identify key areas
which are either infill in nature or situated in highly visible or transitioning areas
(Page 97, 2002 Comprehensive Plan). The conceptual site plan shows a mix of
uses, which is not in conformance with the intent of the MU-R designation.
The proposed future transit center along the railroad is harmonious with the
Future Land Use Map, which designates a "floating" center in this general
location.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
If the subject Rezone application (RZ-04-0 17) is approved, the Commission does
not anticipate that the applicant intends to rezone the subject property in the
future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning - for example, a
Ten Mile Development - RZ-O4-01 7 - Findings of Fact, Conclusions of Law & Decision and Order-
ExhibitE
Page 1 of5
residential area tnrning into commercial area by means of conditional use
permits;
The applicant is proposing to construct a retail center in the proposed CoG zone;
retail uses are a permitted use in the C-G zone. No other uses are shown on the
master site plan. Assuming all future uses are constructed in accordance with
adopted city ordinances, the Commission finds the area would be developed per
the C-G district.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The Commission finds that the signalized intersection of Eagle Road/Pine
A venue, if improved per ACHD and ITD standards and per the TIS submitted
with the application, is a change in the vicinity that could support retail uses. In
addition, Presidential Subdivision at the northeast corner of Eagle and Pine is
currently being improved with services and retail uses. Pine Avenue is not in the
current ACHD Five-Year Work Program for widening but is proposed to be
improved with this application (to their west boundary - not to Locust Grove).
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Under the existing I-L zoning and under the Future Land Use Map (for the
western 22 acres), the intended character of approximately 50-60% of the
immediate vicinity is industrial-oriented. The existing uses south and west of the
site are light industrial. Gemtone Center Subdivision north of Pine A venue, while
I-L zoned, is permitted to construct professional office, which would blend with
retail development.
The intended uses within the eastern half of the subject property are both retail
and office (and other possible uses). The applicant's master site plan shows retail
uses and a hotel as well as potential office uses above the retaiL The Commission
finds that the proposed use(s) will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the existing and
intended character of the majority of the land in the general vicinity.
F.
Will the proposed uses not be hazardous or distnrbing to existing or future
neighboring uses;
In general, the Commission finds the proposed retail center will not be hazardous
or disturbing to existing or future neighboring uses. The primary impacts created
Ten Mile Development - RZ-O4-0l7 - Findings of Fact, Conclusions of Law & Decision and Order-
ExhibitE
Page 2 of 5
by the development will be traffic and light related. The nearest residential uses
are in Crossroads Subdivision, approximately 1,000 feet east on the north side of
Pine A venue. East of Eagle Road, Pine A venue is already widened to 5 lanes.
G.
Will the area be served adequately by essential public facilities and services
snch as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The Commission finds that the project can be provided sanitary sewer and water
service via the existing mains on and adjacent to the project site. The Public
Works Department must have an opportunity to review further civil drawings for
the sewer re-routing plan.
On December 3, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. See detailed
conditions from these agencies at the end of this report. All public services and
facilities noted above appear to be adequate to serve this property. The
Commission and Council should rely upon comments submitted by the ACHD,
the Meridian Fire Department, the Meridian Parks Department and any other
agency providing service to this parcel when determining serviceability.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water,
utilities and irrigation services to serve the project. In addition, ACHD is
requiring the developer to construct a new traffic signal at the Pine/Hickory
intersection. The primary public costs to serve the project will be fire and police
services. Staff finds there will not be excessive additional requirements at public
cost for public facilities and services.
The Rezone application (and CUP) makes several references to a future UPRR
transit center as an asset to this development. This is in general conformance with
the Comprehensive Plan which identifies this location for a transit stop as well. If
the CUP/PD application and concept plan are approved, including the transit
center, there will likely be public funds involved in the construction of said transit
center.
I.
Will the proposed uses 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;
Ten Mile Development - RZ-O4-0l7 - Findings ofFoet, Conclusions of Law & Decision and Order-
Exhibit E
Poge30f5
As noted in more detail under Finding J, the proposed uses will generate
significant levels of new traffic. The Commission recognizes that traffic and noise
will increase with the approval of ¡my development on this parcel. The
Commission believes that the amount of traffic generated by the proposed use(s)
will not be detrimental to the general welfare of the traveling public if all traffic
controls and mitigation standards recommended by ACHD are enforced/
constructed.
J.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
As currently proposed (with three vehicular access points on to Eagle Road), the
Commission finds the approaches will be designed as not to create an interference
with Eagle Road traffic. (See ITD's recommendation from the Eagle Road
Arterial Study below.) The applicant's traffic engineer, Gary Funkhouser,
prepared a Transportation Impact Study and a detailed supplement to the study
which outlines the proposed vehicular approaches, traffic impacts and proposed
roadway improvements. A summary of the TIS was included in the ACHD staff
report. ACHD believes the need for a new signal at the Pine Street/Hickory Street
intersection is solely related to the development of this property and that the
developer would need to provide a $105,000 road trust deposit for the signal.
ACHD has made several "Special Recommendations" to the City of Meridian and
ITD in their report. They also believe the proposed truck access to Eagle Road
should be eliminated and relocated to Pine Ave.
At their January 11, 2005 meeting, the Meridian City Council signed a letter of
support for the ITD Eagle Road Arterial Study (dated April 2004, by Cambridge
Systematics). Specifically, the report contained three (3) recommendations that
impact the segment of Eagle Road between Franklin Road and Fairview Avenue:
Section 3,2, #1. page 3: "Where a single large parcel is developed. . .,
municipal planning and zoning procedures should require
identification of a feasible internal (i.e. off the state highway)
circulation plan to minimize the number of direct access points to the
state route, and to identify local road construction or modification
needs to provide the level of access required by the new development."
Section 3.2. #2. page 3: "Secondary access," as used in the ITD access
management policy, should be defined as access to cross streets, rather
than to Eagle Road itself. Wherever possible, secondary access should
be directed to signalized locations on those cross streets."
Appendix B. Segment 2 map: Recommends adding a landscaped
median, median/sidewalk lighting and other features with no break
(except Pine Ave.) in front ofthe subject parcel.
Ten Mile Development - RZ-O4-017 - Findings of Fact, Conclusions of Law & Decision and Order-
Exbibit E
Page 4 of5
With any future detailed CUP applications, the applicant should comply with ITD
and ACHD policies in order to preserve the capacity and movement on the
adjacent roadways.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The Commission finds that the proposed development will not result in the
destruction, loss or damage of natural features.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
The Commission finds that the rezoning of the subject property to CoG would be
in the best interest of the City for the reasons listed in this report, as long as the
conditions listed in the Development Agreement and CUP/PD application are
complied with.
~,
Ten Mile Development - RZ-O4-017 -Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit E
Page 5 of 5
C.
D.
EXHIBIT F
Conditional Use Permit Findings
Ten Mile Development
(File CUP-04-051)
The City Council hereby approves the following findings of the Planning & Zoning
Commission:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (J1-
ll-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The Commission finds that the site is large enough to accommodate all of the
proposed uses, parking, setbacks, landscaping, etc.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The Commission recommends approval of the applicant's proposed amendment
to the 2002 Future Land Use Map to change the western 22 acres ofthe site from
"Industrial" to "Mixed Use-Regional." We find the applicant's analysis of the
Comprehensive Plan text policies to be valid. The Commission is recommending
a minimum of 50,000 square feet of non-retail uses plus a hotel be constructed in
addition to the proposed retail uses to comply with the mix of uses required of the
Comprehensive Plan.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
The Commission finds the design, construction, operation and maintenance of the
development will be compatible with other uses in the area. To help ensure
compliance with this finding, we are requiring future detailed CUP applications
be submitted prior to any building permits being issued on the site.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Please see the findings in sections "I" and "J" of the Ten Mile Development
Ten Mile Development - CUP-O4-051 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit F
Page 1 00
Rezone application/fmdings.
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
The Commission finds that the project can be provided sanitary sewer and water
service via the existing mains on and adjacent to the project site. The Public
Works Department must have an opportunity to review further civil drawings for
the sewer re-routing plan.
On December 3, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. See detailed
conditions from these agencies at the end of this report. All public services and
facilities noted above appear to be adequate to serve this property. The
Commission and Council should rely upon comments submitted by the ACHD,
the Meridian Fire Department, the Meridian Parks Department and any other
agency providing service to this parcel when determining serviceability.
F.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water,
utilities and irrigation services to serve the project. In addition, ACHD is
requiring the developer to construct a new traffic signal at the Pine/Hickory
intersection. The primary public costs to serve the project will be fire and police
services. Staff finds there will not be excessive additional requirements at public
cost for public facilities and services.
The Rezone application (and CUP) makes several references to a future UPRR
transit center as an asset to this development. This is in general conformance with
the Comprehensive Plan which identifies this location for a transit stop as well. If
the CUPIPD application and concept plan are approved, including the transit
center, there will likely be public funds involved in the construction of said transit
center.
G.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
As noted in more detail under Finding J, the proposed uses will generate
significant levels of new traffic. The Commission recognizes that traffic and noise
Ten Mile Development - CUP-O4-051-Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit F
Page 2 00
will increase with the approval of @X development on this parcel. The
Commission believes that the amount of traffic generated by the proposed use(s)
will not be detrimental to the general welfare of the traveling public if all traffic
controls and mitigation standards recommended by ACHD are enforced!
constructed.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
As currently proposed (with three vehicular access points on to Eagle Road), the
Commission finds the approaches will be designed as not to create an interference
with Eagle Road traffic. (See ITD's recommendation from the Eagle Road
Arterial Study below.) The applicant's traffic engineer, Gary Funkhouser,
prepared a Transportation Impact Study and a detailed supplement to the study
which outlines the proposed vehicular approaches, traffic impacts and proposed
roadway improvements. A summary of the TIS Was included in the ACHD staff
report. ACHD believes the need for a new signal at the Pine Street/Hickory Street
intersection is solely related to the development of this property and that the
developer would need to provide a $105,000 road trust deposit for the signal.
ACHD has made several "Special Recommendations" to the City of Meridian and
ITD in their report. They also believe the proposed truck access to Eagle Road
should be eliminated and relocated to Pine Ave.
I.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the
destruction, loss or damage of natural features.
Ten Mile Development - CUP-O4-05l - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit F
Page 3 00