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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 ~ ~ 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