HomeMy WebLinkAboutTen Mile Development RZ-04-017 CUP-04-054
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 CoG (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 CoG Zone, by Hansen-Rice, Inc.
Case No(s). RZ-04-017, CUP-04-054
For the City Council Hearing Date of: March 29, 2005
A. Findings of Fact
1. 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-O4-017,CUP-O4-051 -PAGE 1 015
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) of record at the time of issuance of these
findings is Elixir Industries of Gardena, CA (represented by Robert Cuthbertson).
(Ten Mile Development, LLC has an option to purchase the property.)
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 (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II 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
§ ll-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
CASE NO(S). RZ-O4-017. CUP-O4-051 - PAGE 2 015
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:
1. The applicant's CUP Conceptual Site Plan (dated 1/31/05, rev.) is hereby conditionally
approved as follows:
a. The conceptual layout on the property west of the N. Rosario Street driveway
extension is not approved as shown. The applicant presented a hand drawn,
cross-hatched copy of the layout at the 3/29/05 public hearing which labeled
this area as being developed with mostly non-retail uses. Specific uses will be
reviewed as part of future detailed CUP applications. The future uses include,
but are not limited to, office, flex space, clean industry, multi-family residential,
showroom space, processing, and education.
b. The Pine Avenue extension and expansion shall be completed as part of Phase I
(recognizing no detailed phasing plan is approved at this time and will be
submitted with the first detailed CUP application).
c. The Eagle RoadiSH 55 street buffer shall be designed in accordance with ITD's
standards for street lighting, sidewalk width, and other design features as
anticipated in the 2004 Eagle Road Arterial Study.
d. The City Council understands that the landscaped median in Eagle Road will
not be constructed by the developer but that it will be constructed as part of a
future ITD project. However, this does not relieve the developer of providing
some type of right-inlright-out traffic control device at the Commercial
driveway if the Eagle Road median is not constructed at the time the new
driveway is constructed.
e. It is agreed that the future transit station along the Union Pacific Railroad, while
not required to be constructed or bonded for by the developer at this time, is an
area to be preserved and incorporated into future detailed site plans.
2. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-017, CUP-O4-05I - PAGE 3015
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 ll-17-4.B.)
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 ofthe 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
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
Approved Conceptual Site Plan
Exhibit B:
Exhibit C:
Rezone CommentslDevelopment Agreement Conditions of Approval
Conditional Use Permit Conditions of Approval
Exhibit D:
Exhibit E:
Exhibit F:
Rezone Findings
Conditional Use Permit Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-017, CUP.O4-05I - PAGE 4 015
zG.f!:::. dayof
B~/o.?he Cit: ;ooo~~ci1 at its regular meeting held on the
,
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL VOTED ~
VOTED /Ii ~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED.fr
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED -
and City Attorney.
B~ (l wJN.ifY\
City Clerk's Office
Dated: 5-5-0:;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-017, CUP-04-05I - PAGE 5 015
EXHffiIT A
Ten Mile Development
RZ-04-017 & CUP-04-051
Legal Description
~
~
UNLIMITED BOUNDARIES. INC.-oSA
Bergey Land Surveying
1103 W. Main St.
Middleton, ID 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 the SE V. ofSectioo 8, T.3N., R.JE., B.M., Meridian, Ada
County, Idaho and being more particularly described as follows:
Commencing at a brass cap markIng the Southeast comer of said SE V. of Section 8, thence along
the Easterly boundary of said SE v., North 01°29'03" East 1298.35 feet to the Northerly right-of-
way line of the Union Pacific Railroad, the REAL POINT OF BEGINNING;
Thence along said 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 tbe 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 parallel with said Northerly rigbt-of-way line of the Union Pacific Railroad,
North 88°28'27" West 1219.64 feet to Westerly boundary of said SE V. of Section 8;
Thence aloog said Westerly boundary, North 00°32'01" East 837.00 feet to a brass cap at the
Northwest comer of said SE v.;
Thence along the Northerly boundary of said SE v., South 89°54'01" East 2615.04leet to a brass
cap a{the Northeast comer of said SE v.;
Thence along the Easterly boundary of said SE v., South 01"29'03" West 1351.89 feet to the point
of beginning, comprising 6627 acres, more or less.
G:
SUBJECT TO:
Any easemenls of record or appearing on the above described parcel of land.
"7;. W AP,;"°t'4.1..-- ~
BV -
.ERIOJA" "UBLIC
,"ORKS DEPT.
EXHffiIT B
Ten Mile Development
CUP-04-051
Approved Conceptual Site Plan
EXHIBIT C
Ten Mile Development
Rezone Application, RZ-04-017
Comments & Development Agreement Conditions
1.
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.
2.
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 applicant shall contact the City Attorney. Bill Narv. at
888-4433 to initiate this process. The DA shall require that:
a. 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
The future allowed uses on the property west of the N. Rosario Street driveway
extension include, but are not limited to, office, flex space, clean industry, multi-
family residential, showroom space, processing, and education. Specific uses will
be reviewed as part of future detailed CUP applications.
b. All future uses within the property boundaries shall be required to obtain detailed
Conditional Use Permit approval prior to construction.
c. 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
right-of-way for those and any future improvements. The developer shall submit
written verification from ITD that this condition is complied with at the time of
the first detailed CUP application on the site.
d. A maximum of one (I) 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.
Ten Mile Development- RZ-O4-017 -Findings of Fact and Conclusions of Law- Exhibit C
Page 1 of2
e. 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.
f. 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.
g. 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.
h. The Eagle Road street buffer area shall be designed in accordance with ITD's
standards for street lighting, sidewalk width, and other design features as
anticipated in the 2004 Eagle Road Arterial Study.
It is agreed that the landscaped median in Eagle Road will not be constructed by
the applicant but that some right-inlright-out traffic control device is required.
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.
5.
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-04-017 - Findings of Fact and Conclusions of Law- Exhibit C
Page 2 of 2
EXHIBIT D
Ten Mile Development
Conditional Use Permit Application, CUP-04-051
Conditions of Approval
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/pm
I. 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 An (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 his/her assigns if changes to the plan are requested.;
d. Per MCC 12-13-11-2.B., provide a minimum five (5) foot wide landscape strip
along the entire south property line.
e. The conceptual layout on the property west of the N. Rosario Street driveway
extension is not approved as shown. The applicant presented a hand drawn, cross-
hatched copy of the layout at the 3/29/05 public hearing which labeled this area as
being developed with mostly non-retail uses. Specific uses will be reviewed as
part of future detailed CUP applications. The future uses include, but are not
limited to, office, flex space, clean industry, multi-family residential, showroom
space, processing, and education.
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 CUPIPD
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.
5.
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.
Ten Mile Development- CUP-04-051 - Findings of Fact and Conclusions of Law- ExhibitD
Page 10f7
6.
7.
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 ofthe 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.
b. A minimum lO-foot wide multi-use pathway that generally extends from the
northwest comer of the site to the rail transit station in the southeast comer.
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.
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.
11.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D
Page 2 of?
12.
13.
14.
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho 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 Idaho Department of
Water Resources regarding Shallow Injection Wells.
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.
No Parking signs and painted curbs will be required for all Fire Lanes. Paint the
curb red and provide signage "No Parking Fire Lane".
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 ll-12-1.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 I.!se on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
16.
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.
17.
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
ml.!st be obtained prior to the start of development.
18.
The Pine A venue extension and expansion shall be completed as part of Phase I
(recognizing no detailed phasing plan is approved at this time and will be
submitted with the first detailed CUP application).
Ten Mile Development- CUP-O4-051- Findings of Fact and Conclusions of Law- Exhibit D
Page 3 of7
20.
19.
The developer shall provide some type of right-in/right-out traffic control device
at the Commercial driveway if the Eagle Road median is not constructed at the
time the new driveway is constructed.
It is agreed that the future transit station along the Union Pacific Railroad, while
not required to be constructed or bonded for by the developer at this time, is an
area to be preserved and incorporated into future detailed site plans.
GENERAL REQUIREMENTS (CONDITIONAL USE PERMIT/pm
I. 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 ll-13-4.C.
2.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
3.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
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 AGENCYIDEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT CONDITIONS
I. All Fire Department Connections (FDC) must be within 100 feet of a fire hydrant.
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.
3.
Applicant shall coordinate with the Meridian Fire Department and prepare an
addressing plan for the site.
4.
All driveways located behind buildings (as depicted on the conceptual site plan)
shall be posted as "No Parking."
5.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
6. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
Ten Mile Development - CUP-O4-05I - Findings of Fact and Conclusions of Law- ExhibitD
Page 4 of?
c.
d.
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 comers.
Fire hydrants shall not have any vertical obstructions.to outlets within 10'.
e.
f.
7.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
8.
Provide a 20' wide fire lane for all internal and external roadways.
9.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
10. 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.
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 of 300' apart.
13. Maintain a separation of 5' 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.
Ten Mile Deve10pment- CUP-O4-051 - Findings ofFaet and Conclusions of Law - Exhibit D
Page 5 of7
SANITARY SERVICE CO. CONDITIONS
1. 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
I. 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
with bike lanes on the south side, as well 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.
Ten Mile Development- CUP-O4-051 - Findings of Fact and Conclusions of Law - Exhibit D
Page 6 of7
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.)
1.
No direct access will be allowed to Eagle Road. This section of SH-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.
2.
3.
4.
5.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
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-O4-05 I - Findings of Fact and Conclusions of Law - Exhibit D
Page 7 of7
EXHffiIT 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 sit!;. 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-O4-017 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit E
Page 1 of5
residential area turning 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 CoG 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 CoG 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
Avenue, 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 Avenue, 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 ofthe majority ofthe land in the general vicinity.
F.
Will the proposed uses not be hazardous or disturbing 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-O4-017 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit E
Page 2 of5
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 Avenue. East of Eagle Road, Pine Avenue is already widened to 5 lanes.
G.
Will the area be served adequately by essential public facilities and services
such 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-O4-017 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit E
Page 3 of5
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 ill!Y 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 of the subject parcel.
Ten Mile Development - RZ-O4-017 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit E
Page 4 of 5
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 C-G 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 CUPIPD 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
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 (11-
17-3).-
A.
C.
D.
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 ofthe applicant's proposed amendment
to the 2002 Future Land Use Map to change the western 22 acres of the site from
"Industrial" to "Mixed Use-Regional." We fmd 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 fmds the design, construction, operation and maintenance ofthe
development will be compatible with other uses in the area. To help ensure
compliance with this rIDding, 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 I of3
Rezone applicationlfmdings.
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 of3
will increase with the approval of ID!Y 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-O4-051 - Findings of Fact, Conclusions of Law & Decision and Order-
Exhibit F
Page 3 00