Loading...
HomeMy WebLinkAboutAZ, CUP, MI Findings for Bonito ~ Nfl ì.Jo ~/ cYWJ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/22/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE MATTER OF THE REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICITONS) TO THE DEVELOPMENT AGREEMENT (AZ-OI-O18) FOR BONITO SUBDIVISION AND MARKETED AND APPROVED AS EL DORAGO BUSINESS CAMPUS FOR EL . DORADO BUSINESS CAMPUS, LOCATEDATTHESOUTHWEST CORNER OF OVERLAND ROAD AND EAGLE ROAD IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO CASE NO. MI-O4-006 FrNDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MISCELLANEOUS APPLICATION W.H. MOORE COMPANY, APPLICANT The above entitled matter coming on regularly for public hearing before the City CoWlcil on JWle 22, 2004, at 7:00 o'clock p.rn. at the Meridian City Hall located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jonathan Seel, appeared and testified, and no one appeared in opposition. and the City Council having r¡~ceived a report from Brad Hawkins-Clark of the Planning and Zoning Department, and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHJBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-OI-O18 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI-O4-O06 PAGE 1 OF7 the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Conunission. makes the following: FINDINGS OF FACT 1. The subject property is located at the southwest corner of Overland Road and Eagle Road in Section 20, Township 3 North, Range 1 East, Meridian, Idaho 2. The owner of record is Kimball Properties, L.P. Winston Moore, who is a registered ageni for Kimball Properties, and he has submitted notarized consent for the subject application. 3. Applicant is W.H. Moore Company whose address is 600 N. Steelhead Way, Suite 144, P.O. Box 8204, Boise, Idaho 83704. 4. Chapter 2 of the Zoning Ordinance ("Definitions") has been reviewed to determine if conformance would be allowed within the DA. Below is the definition of "Nursing Home" as listed in Title 11-2-2: "Nursing Home: A private establishment that provides living quarters and care for the elderly or the chronically ill. " Additionally, Section 11.2.2 also defines "Convalescent or Nursing Home, Rest Homes" as follows: "Any home, place or institution which operates or main/ains facilities providing convalescentor chronic care, or both, for aperiod in excess of twenty four (24) consecutive hours for two (2) or 11Wre patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves." FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHffiIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-OI-OI8 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI-O4.()()6 PAGE 2 OF 7 Therefore, "Residential care facilities," the other use proposed by W.H. Moore Co. to be permitted under the DA, is ni!.! specifically defined under Meridian City Code 11-2-2. When a use is not listed as a permitted use, that use requires a CUP application for approval unless a similar use already listed is identified. That being said, it does not seem like a significailt distinction between a "nursing home" and a "residential care facility." Both terms ímply assisted, 24-hour type care where health professionals are available on the premises. The most significant difference between a standard 1-0 use/operation and nursing homes or residential care facilities is probably the hours of operation. There will presumably be employee shift changes and some limited outdoor activities occurring after normal business hours as well as seven (7) days a week. Also, if the residents/patients have access to rear patios with lights, this could create some potential complaints ftom Thousand Springs property owners. It is believed that this use, stated in the application to comply with the 35-foot maximum height restriction. is consistent with the other allowed uses in the "Ridenbaugh Section." Since this section is the more restrictive of the two areas, it would therefore be a consistent use in the "Main Section" as well. 5. The proposed application requests a modification to the recorded development agreement for Bonito Subdivision (marketed and approved as 51 Dorado Business Campus). W.H. Moore Company is proposing to amend Exhibit D (List of Use Permissions and Restrictions) of the Development Agreement, entered into as a condition of File AZ-OI-018. Tiley are proposing to allow skilled nursing homes and residential care facilities as permitted FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (UST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-0l-Ot8 BONITO SUBDlVISrON AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI-O4-006 PAGE 3 OF 7 uses, as the Development Agreement expressly prohibits nursing homes and sanitariums in either the C-C or C-G zone. The addendum to the original development agreement would allow nursing homes and residential care facilities as Permitted Uses to Exhibit D. The Development Agreement. dated January 21, 2003, was recorded on February 7, 2003, as Instrument No. 103020830, records of Ada County, Idaho. As detailed in Section 4 of the Development Agreement, lL!!es within the development are divided into two main sections - the "Ridenbaugh Section" and the "Main Section." The "Ridenbaugh Section", which is comprised of six buildable lots located between the Ridenbaugh Canal and E. Copper Point Drive, is zoned C-G but is restricted to L-O type uses and flex uses as the only permitted uses. All other uses listed in Exhibit D as permitted or conditional are al1owed in this section only as conditional uses. While this application specifically states the nursing home I residential care facility would be located in the "Ridenbaugh Section", only amending Exhibit D would mean this use becomes a permitted use in both sections (unless otherwise specified). 6. The subdivision is 87.79 acres in size and is located at the southwest comer of Overland Road and Eagle Road. The subdivision is split zoned - approximately 35 acres as C-C and approximately 52 acres as C-G. 7. Exhibit D (List of Use Permissions and Restrictions) of the recorded development agreement (Instrument No 103020830) for this site (AZ-Ol"'()18) shall be amended for (MI-04- 006) and which amended Exhibit D list is attached hereto as Exhibit A, and consisting of three (3) pages, and by this reference incorporated as set forth in full herein. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-OI-O18 BONITO SUBDIVISION AND MARKETED AS E1 DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI-O4-006 PAGE 4 OF 7 8. The City Council acknowledges the letter, placed in public record in this matter, from Ed and Barbara Strickfaden dated Jooe 22, 2004. CONCLUSIONS OF LAW 1. Approval of this request to amend Exhibit D (List of Use Permissions and Restrictions) of the recorded Development Agreement for AZ-OI-018 for Bonito Subdivision (marketed and approved as El Dorado Business Campus) is based on the information and testimony provided at the public hearing by the applicant's representative. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-~-5 and based upon the above and foregoing Findings of Fact which are herein adopted; IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The applicant is hereby granted amendment to Exhibit D (List of Use Permissions and Restrictions) of the recorded Development Agreement for ÅZ-Ol-018 for Bonito Subdivision (marketed and approved as El Dorado Busin<::ss Campus), based upon the information and tesrimony provided by the applicant's representative. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that purswmt to Idaho Code. 67-8003, the Owner may request a regulatory taking analysis. Such request mwt be in writing, and must b<:: filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (liST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-OI-013 BONITO SUBDMSION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI-O4-006 PAGE 5 OF 7 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be a:dversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / 1~ay of JuL:f ,2004. Attest: BY:~ 0. J\ Il , DJYU Clerk Dated: "1 ~23-o4 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ-Ol-()18 BONITO SUBDMSION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR :MI-Q4-006 PAGE 6 OF 7 ROLL CALL COUNCILMAN WARDLE VOTED~ COUNCILMAN NARY VOTED~ COUNCILMAN ROUNTREE VOTED~ COUNCrLMAN BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Copy served upon Applicant, the Planning and Zoning Department, Public Worb Department and City Attorney. . Dated:--.l1~ 1J4 Z:\Work\M\MeriaianlMeridian lS360MlEL Dorado Business Campus Ml-O4~06\ftC1sOnI MI.a4.o06.doc . FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXIDBIT D (UST OF USE PERMISSIONS AND RESTRICnONS) FROM AZ-Ol-OIS BONITO SUBDIV[SION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR Ml-O4-006 . PAGE 7 OF 7 EXHIBIT D List mUse Permissions and RestrictionA !J.g will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Contro~ as may be amended ftom time. The following use may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Repair Shop - Minor, Car Wash and Service Station. Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store wi Gasoline Services CODslJuction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers - Outdoor: Amusement Park. Ball Park (baseball, football, soccer); Water Park, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permined) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industria.! Laundry, Self-Service Mausoleum Medical Research Facilities Molded Plastic Produas Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking Garage/Structure Ex./t,'b:'¡ '11" / 01.3 Parb and Plazas Personal Services: Barber Shop; Massage Pulor; Beauty Salon. Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Radio and Television Stations (except exterior comlDlUlications facilities districts) Restaurant Personal Service: Barber Shop; Maasage parlor; Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance. Music, MedicallDental Technician, Martial Arts) RetBiI Restaurant Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply . Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self-Service Storage Standby Generators Theater (ExcIuding Drive-iDs) Vocational, Trade, Industrial Schools Warehouses Storage Utility FlI(:ility -. Major Utility Facility -. Minor Wholesale Business The following uses maybe aJIowed upon application and approva1 of a conditio1UÙ use: Automobile Repair Shops-Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (planned Unit Developments) Sales Lots SchooIs, Private ( vocational, trade and industrial sçhools are permitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section It- S-I as prohibited uses in the C-C and C-G ZOIIeS (unless pennittedlconditio1UÙ use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or ExJ,.1" b ,'f PjJ¡ It .;l. ðÇ~ . hoteVmote1 tàcilltiei) Boarding and Rooming House Bottling and Distribution Pla.u1 Composting Facility Halfway Houses ~)it5~(od..hJ. fBr~iI a,eb;lJn 0)1 Ju.ae.~éI Recreational Ve1úde Park Truck Terminal Truck Stop Uses. ExJa;b:fdfi" .3 0.[1.;3 ~ ~ BEFORE THE MERIDIAN CITY COUNCIL Q'C 03-19-02 Revised 04/02/02 IN THE MATTER OF THE ) APPLICATION OF W.H. ) MOORE COMPANY, THE ) APPLICATION FOR ) ANNEXATION AND ZONING) OF 85.36 ACRES FOR ) PROPOSED Et DORADO ) BUSINESS CAMPUS, LOCATED) AT THE SOUTHWEST ) CORNER OF E. OVERLAND ) ROAD AND S. EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-OI-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 19,2002 at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Jonathan Seal, Joseph Waters, Fraruc Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-0I8) FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509,and 67-65 II, and Meridian City Code §§ 11-15-5 and 11-I6-1. 2. The Oty Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and I2, Meridian City Code, and all current zorung maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 85.36 acres in size, is located at the southwest comer of E. Overland Road and S. Eagle Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, and the Applicant is W. H. Moore Company. 5. The property is presently zoned RUT and consists of vacant land. 6. The Applicant requests the property be zoned as C-C and C-G, wi.th the intent to develop and construct 34 building lots and 17 other lots for a proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) commercial development known as the E1 Dorado Business Campus, consisting of a mix of uses such as office, retail, restaurants, and hotels/motels, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Development. 7. The subject property is bordered to the north and west by County zoned residential property, to the east by the Silverstone Corporate Center, and to the south by Thousand Springs Subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council has taken into consideration the concerns of Bradley Miller, a neighboring property owner, and Thomas and Nancy Connol1y, residents of a neighboring subdivision. 10. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall.require that certain uses FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-Ol.OI8) 2. within the subdivision shown as conditional in the attached exhibit be approved though the Conditional Use Permit process. The list of permitted uses shall include all those listed in the exhibit submitted with the application, with any modifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit Wlless professional office or flex uses are proposed. which were defined by the Commission to be "uses pennitted in the 1-0 zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. A condition of the Development Agreement shall be to construct a multi-use pathway adjacent to the Ridenbaugh Canal's north bank in accordance with the design and alignment requirements of the Meridian Parks & Recreation Department proposed standards under CUP Site SpecifIc Conditions, item #1) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zone boundaries shall be submitted. 4. Zoning of C-C is restricted to all property north of Goldstone Way and east of King Salmon Way. The southern boundary of property along the Canal and south of Copper Point shall be zoned CoG. The remainder of the property shall be zonedC-G. Adopt the Recommendations of the ACHD as follows: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management OrgaIÚzation (TMO) that is formed with a boundary that includes this site or is adjacent to tills development. FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) 3. 4. The OverlandlEagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the IOO most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic shall exacerbate the tr.úfic problems at these intersections. Based on development patterns in this area and the reswting traffic generation, staff anticipates that the transportation system shall not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. 5. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required pennits), whichever occurs first. 6. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a w:manty deed prior to issuance of a building pemút (or oilier required pemúts) , whichever occurs first. 7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way. provide an easement for the sidewalk 8. Const!uct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right- of-way, provide an easement for the sidewalk. 9. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to detennine a means to restrict this driveway to a right-in/right-out driveway only (i.e. raised median, internal island, etc.). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNINGIEL DORADO BUSINESS CAMPUS (AZ.OI-OI8) IO. 11. 12. 13. 14. 15. 16. Construct the proposed driveway on Overland Road approximately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. Construct the proposed public roadway access point located on Overland Road approximately 950.feet west of Eagle Road as a collector roadway. This location is granted amodification of policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved with this application. Construct the proposed driveway on Eagle Road located approximately 1,150- feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. Construct the proposed public roadway on Eagle Road approximately 1,700- feet south of Overland Road. This roadway meets District policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 2,400- feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 17. Construct the proposed roadway on Eagle Road located approximately 1,700- feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70-feet of right.of- way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 18. Construct the proposed roadway on Eagle Road located approximately 700- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-018) I9. 20. 21. 22. 23. 24. 25. 26. 27. feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parldng shall be restricted on the proposed street, and the appliamt shall subnùt a signage plan prior to final plat approval. Construct center turn lanes on Overland Road and Eagle Road for the proposed pubIic street intersections and for all of the full access driveways. Construct a left turn bay at the main entrance on Eagle Road. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a property owners' association. Notes of this shall be required on the final plat. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the soUth property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. Any existing irrigation facilities shall be relocated outside of the right-of-way. Utility street cuts in pavement less than five years old are not allowed uIÙess approved in writing by the District. If utility relocation is necessary to construct improvemeJ:1ts required with this development, then all utility relocation costs associated with improving street FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) 2&. frontages abutting the site shall be borne by the developer. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 2. 3. 4. 1. A fire-flow consistent with Appendix III-A of the Unifonn Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. Final approval for fire hydrant location shall be by the Meridian Fire Department. s. All turning radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Narnpa & Meridian Irrigation District. 1. Applicant shall apply for a'land use change/site application. 2. If a pressure urban irrigation system will be owned, operated and maintained by the District, then the Developer shall contact the District concerning the installation of the pressure system. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the owner or developer and the District, for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. 11. It is found that if the developer pays for the requested improvements and complies with the conditíons set foM in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additiona11andscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 13. It is found that the zoning of the subject real property as Community Business District (C-C) and General Retail And Service Commercial (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MixedIPlanned Development. 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan IS. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CAMPUS (AZ-0l.OI8) request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area. of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may talœ judicial notice of government ordinances, and policies. and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use PlaruùngAct of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629. January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals I through 10, inclusive. 5. The zoning of Commurùty Business District (C-C) and General Retail and Service Commercial (C-G) are defined in the Zorung Ordinance at § 11-7-2 I and K as follows: (C-C) Communi1;y Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage me development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ.Ol.OIB) and encourage the clustering of commerdal enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. AND (CoG) General Retail And Service Commercial District: The purpose of the CoG District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zorung of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the aty of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-O1-0I8) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING fiNDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 85.36 acres to Community Business District (C-C) and General Retail And Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of85.36 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shan conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall require that certain uses within the subclivision shown as conditional in the attached exhibit be approved though the Conditional Use Permit process. The list of permitted uses shall FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 13 AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CAMPUS (AZ.OI.O18) 2. include all those listed in the exhibit submitted with the application, with any moclifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit urness professional office or flex uses are proposed, which were defined by the Commission to be "uses permitted in the 1-0 zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. A condition of the Development Agreement shall be to construct a multi-use pathway adjacent to the Ridenbaugh Canal's north bank in accordance with the design and alignment requirements of the Meridian Parks & Recreation Department proposed standards: under CUP Site Specific Conditions, item # I) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zpne boundaries shall be submitted. Zoning of C-C is restricted to al~ property north of Goldstone Way and east of King Salmon Way. The southem boundary of property along the Canal and south of Copper Point shall be zoned CoG. The remainder of the property shall be zoned CoG. . 4. Adopt the Recommendations of the ACHD as follows: 1. In order to reduce trips to and f~om this development it is recommended that tenants occupying the proposed ;building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee pårticipation. Commuteride staff shall coordinate the Alternative Trans,portation Program with the applicant 2. In order to reduce trips to and f~om tills development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 3. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical FlNDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) 4. 5. 6. intersections in Ada County. Access control witlùn the operating area of the intersection is vital to the safe operations of the intersecûon. The subject site's additional traffic shall exacerbate the traffic problems at these intersections. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system shall not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. Dedicate 54 to 4B-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required permits), whichever occurs first. Dedicate 52 to 4B-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2. feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk 8. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2.feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right- of-way, provide an easement for the sidewallc 9. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-inJright-out driveway oruy and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a means to restrict this driveway to a right-in/right-out driveway only (Le. raised median, internal island, etc.). 10. Construct the proposed driveway on Overland Road approximately 5S0-feet west of Eagle Road as a fl.Ùl-access driveway. This driveway meets District FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-0lB) 11. 12. 13. 14. 15. 16. policy and is approved with this application. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved with this application. Construct the proposed driveway on Eagle Road located approximately 1,150- feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. Construct the proposed public roadway on Eagle Road approximately 1,700- feet south of Overland Road. This roadway meets District policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 2,400- feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 17. Construct the proposed roadway on Eagle Road located approximately 1,700- feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters .and sidewalks within 70-feet of right-of- way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 18. Construct the proposed roadway on Eagle Road located approximately 700- feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-018) 19. 20. 21. 22. 23. 24. 25. 26. constructed as a 46-foot street section with curbs, gutters and sidewalks within 70.feet of right-of-way. Parlditg shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways, Construct a left turn bay at the main entrance on Eagle Road. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Construct a stub street to the west property line. The appliC$t has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub sueet with a temporary easement provided to the District. The applicant shalI be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. The turnarounds shall be constnlcted to provide a minimum turning radius of 55-feet. Any existing irrigation facilities shall be relocated outside of the right-of-way. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 17 AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-018) 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 1. 2. 3. 4. A fire. flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to seIVice the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use chang~site application. 2. If a pressure urban irrigation system will be owned, operated and maintained by the District, then the Developer shall contact the District concerning the installation of the pressure system. 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the owner or developer and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CMvlPUS (AZ-OI-O18) District, for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central wat.er plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Storrnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to grOtU\dwater and surface water quality. 4. 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. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-C) Commercial Business District and (C-G) General Retail and Service Commercial, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordillance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-O18) MOTION: APPROVE~ISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Publ~c Works Department and the City Attorney. ,AY'~F"~:'~":~:> ;. ,l';¿.o{ "",,~:;:,,:;:,;;.,,¡;:::, ~Á '.'~'<" 'A"'.",O;'t,A'-~~ '", '-.~. .,y' '<ô<:). ',p. By: . ~é} Dated: 4--/Ç-(}2-:~, 'I. ,.'1":"".. ;:r.~.::. CIty Clerk 'f"'" 1;.' - ~AL ".." ,:.~ ._" "'; ,'. "!.. " %'. .(jj~. f';' .<.:/ ~",,""'.:'..~,.,'¡¡¡'r,~,,/, i<.\'~,";'i' ~~;?;.iii' """";;';'-'<~:~': ,ir .'~','"' (';~~t,-, ,'. ."',.df" '~:"'..",,~, ~ ' ...'~'" \\:!O4.229.127.194\SERVERZlWork\M\MeddianlMoridian 15360M\E1 Dorado Bus Campus AZO].Q18 .'iTi¡;>~J';\1~;imWOI. 03MZFIO&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DEOSION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) ~fÙ --fD - ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval for a Drive-Through Coffee Shop in an Existing Building, by WH Moore Company Case No(s). CUP-O4-038 For the City COUDell Hearing Date of: November 16,2004 A. Findings ofFaet 1. Hearing Faets a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the fll"St 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 November 16, 2004 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). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. 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 MaiIing, 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). CUP-()4-O38 - PAGE IoU 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 ofissuance of these findings is Kimball Properties Limited Partnership. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for thè findings required for this application. B.,Conclusions of Law 1. The City of Meridian shall exercise the powers confelTed 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 al1 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, wwch 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 fi-om the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed deve10pment 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 norice. 7. That tbis approval is subject to the Legal Description in Exhibit A, the Site Plan prepared by Larson Architects,labe1ed El Dorado Retail Building, SP-l, dated 4-15-04, as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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, CONCLUSJONS OF LAW AND DECISION & ORDER CASE NO(S). CUP..04-038 -PAGE2 of4 Pursuant to the City Council's authority as provided in Meridian City Code § I2-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 4-15-04, is hereby conditionally approved; and . 2. The site specific and standard conditions of approval are as shown in Exhibit C. 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 wùess 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 buiIding 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 ITom the original date of approval by the council. Ifthe succ<:ssive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MBRIDJAN FINDINGS Of'FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-038 - PAGE 3 of4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings ~ction o~e City Council at its regular meeting held on the 'etA- !A., ,2004. / 4-..f~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ¡¡f¡,f~ COUNCIL MEMBER CHRlSTINE DONNELL VOTEDfr VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ Attest: and City Attorney. By: iìlGlfI\ ~ City Clerk's Office Dated; 12- 2.0-CA CITY OF MERIDIAN FJNDJNGS OF FACT, CONCLUSIONS OF LAW AND DECISION &; ORDER CASE NO(S). CUP-O4-03 S - PAGE 4 of 4 EXHIBIT A Legal Description WH "OORE co .,./ "'18-3Z3-7523 ~I i PARCELl I A parcel "f land located in 1110 Nolthll8S! QtWter and SDUI!Iea$t d""rler of Seed on 20, TOWlUlhip 3 Nenh, Range 1 East, Boi&e Meri_, Ada Counly, I~ahe, the same being depicted 00 Record ofSuzvey No. 5441 recorded lull' 2, 2001 .. fn!ItJUment No. I 01065642, ~rdI ef A4a CO'nlY, Idaho, mere particularly 'Cribcd as fellows: Comm-ing at !be NOlthelat COmer of said Seclion 20, ofwlUcblthe Southeast comer of 8Ilid Nortlleast Quarter belU'&Soulb 00"14' 4S' Wesl, 2651.89 re;l. Ihenc...long ine Northerly line of aaid Nonbeul Quart«. ~ Soud189" 46' IS" West, 132&.41 feet 10 IhePOINTOP BEG G &.n<J the NorthwciI <:em.. of the East !4 of !be Northeas. QuUter of said Section 20; nee along Ihe Woafmy line of Hid SuI %, I Soulb 00" 19' 52" W-. 55.DO feet; thence atollS a line paralIel1tb IU'Id 55.00 feet southerly of said Nanber¡y 1ine of Seelion 20, North 811" 46' 13" £..11213.49 iioeUo apoio' 55,00 fell W1IBIer1>r or the Easterly line of said Noriheesl Quarter, 1h000C<O.S a line 55.00 reel WOII8riy Ofi and parallel with said ElSterly line, . SOUIb 00" 14' 45" West, 594.66 ftet.lhcnce Nertll 89" 56' 06" But. ",00 feet!O. pain! on the B...torty line 1. ,aid Ncnheast Quarter; Ihonoe aJona aaid line South 00' 14' 45" Wellt. 2002.07 re,! 10 the Southellll c:omerof .d Nonheasl Q"arler~ thence atong lb. Buterly line of ihe Southoast QuWr of a!lid Soc\;on 20 SoUth 00' 00' OJ" Well, 196.19 feet; thence r North6S" 2&09" W-.t26.90 f_lolIte NOJthew¡I_OfLot~, Blo~k4 ofThou.and Springs Subdivision No. I iii sbownoo!he official plat 1bcnofretjorded in Book 78 ar P8jCO 8248 lbrouSb 8249, Ada County R.ocorda; thence aIonø lit. Not1bcrly boundary of said Subdivision tho folJowins J:OUrses: l Norlb 68' 20' 09" WHI..39,38 [cello lb. begj¡mjng of a W\s=nt c "'0; Ihcnce Along said curve to tho lefIllaVÎllS' radius of2S0.00 fuel,.., arc l\math of222.33 fee;, a contral angle of SO" 57' IS". end aChoJd b-;na and clialance oIS?UIh 86" 11' 12" West, 215.08 feet; thenC.tan¡m11ilml said curve I South 60" 42' 3.." Wee\ 121.50 ttct 10 lb. bOBinniogofa fan&ent ewvo; lItence AleDgsaid curve to the left I1I\vinsarodiuacI200,OO mot,8D arc Ifngth of 116.45 fetl, a œnlml allele 0030 21' 36", "!II!. cIwrd bearing and d!aIance cIS nth 7]' 23'2[" West, 114.81 feet: 111_. Uogen1 IioJn said curve Norlh &5' 55' 51' Weal, 561.11 feet 10 the W_ly line of the E V, of the Soú/heast Quarter ofsaidSeatioo 20; thence leevinaaaid SubdivilliOlilill.. a! n¡ said Westerly line Norlh 00" Il' 26" Bas~ !I 8.03 fuel Ia the Soathweatool1ll>l' oilb. ¡.¡ of the Northeasl Quarœr ofuid Section 20¡ Ihonçc aIonr th. Southerly line of the est Yo of the NcrIhoael Qlalrtcr South 89" 54' 44' W HI, S4.07 feci; Ibenc. Ioavina saùlliue NMtII 01° 42' 52' East, 2649.75 feet 10 the Northerly line oflhe N rthesst Quarter of said ~on 20; lbeuc. along oIJItd line . NorIh89" 46' 17" BNI, 20.10 fcet III the POINT OF BEGINNJNO.¡ I p.4 EXHIBIT B Site Plan ..__. ........... "'.'-".'------.'..."-.'. . --- -~---_. -. -_._--_._-~-_...- . ~=-... ,---- -.------..-.-..- .-----...-.....----- '."- EXHŒIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of tbe Planning and Zoning and Engineering staff and P & Z Commission as follows: SITE SPECIFIC CONDITIONS OF APFROY AL (CUP) 1. All conditions of the previously approved El Dorado Business Campus, AZ-OI-018, CUP-Ol-O37, PP-Ol-O20, FP-03-010, and CZC-O4-029 shall also be considered conditions of the Conditional Use Permit (CUP-O4-038) application. 2. To prevent vehicles from entering the drive-through fium the wrong direction, and to allow drivers to visually see the barrier, plant some low-lying landscaping or some other type of visual feature within the 7-foot wide planter island separating the drive-through lane and the driveway to Overland Road. 3. To prevent vehicles from entering the drive-through from the wrong direction, a traffic control sign shall be installed in the landscape planter located between the drive-thru aisle and the parking stalls on the north side of the building lease area. Said sign should read "Do not enter," "Wrong way," or a similar cautionary statement. 4. The site plan prepared by Larson Architects, labeled SP-l, and dated 4-15-04, showing a drive through on the eastern portion of the l8K building is approved with the changes/additions listed herein. 5. The landscape plan prepared by Sterling Landscape Architecture, labeled 11.0, and dated -16-04, modified on 4-28-04 and 5-28-04 is approved as submitted with the following change: . Plant some low-lying landscaping or some other type of visual feature within the 7-foot wide planter island separating the drive-through lane and the driveway to Overland Road. 6. The number of off-street parking stalls is approved as shown on the submitted site plan, In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet by 19-feet minimum and the drive aisles shall be at least 25-feet wide. 7. An underground, pressurized irrigation system sball be installed to all landscape areas per the approved specifications and in accordancl: with MCC 12-13-8 and MCC 9-1-2. 8. Comply with the conditions and comments of all City Departments, and other agencies. 9. 10. 11. .12. B. No additional buildings or other structures 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) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). All req1;rired 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. If construction has not begun within 18 months of City Council approval, a new conditional use pennit must be obtained prior to the start of development, 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. 13, All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. 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 llie conditional use permit. Adopt the recommendations of the Meridian Fire Department as follows: 1. Comply willi the plan review comments provided by Rich Green for CZC-Q4-029. 2, Provide exterior egress lighting as required by the International Building & Fire Codes. 3. Provide 6" suite number over the en1rance to llie building. Post suite numbers on the exterior rear exit. EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES 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. That the site is large CIlOUgh to accommodate the proposed use and aU yards, open spaces, parking, landscaping alld other features as may he required by this ordinance; Parking stalls are required at the rate of one space per 200 d. of gross floor area for restaurants (MCC ll-13-S.B). Per this requirement, 94 stalls are required if this whole building were a restaurant use(s). There are 112 parking stalls provided on this site, exceeding the City's minimumparIdng stall ratio, Staff finds that the project should have ample parking. The proposed site plan shows a single drive-through window on the eastern end of the existing building. There is a 7-foot wide planter proposed that separates the one-way drive-through lane ftom the two-way drive lane coming off of Overland Road. The drive-through lane will be able to stack approximately J to 4 cars, before idle vehicles would block through traffic. Staff is supportive ofthe proposed drive-through lane as it should not interfere with internal traffic flows or traffic flows on Overland Road. Staff is supportive of the physical barrier proposed that separates the drive-through lane and the driveway &om Overland Road, To further prevent vehicles ftom entering the drive-through from the wrong direction. and to allow drivers to visually see the barrier, staff recommends that some type oflow-lying landscaping or visual feature be installed within the 7.foot wide planter island. See Site Specific Condition #2 below. All existinglproposed building setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance. B. That the proposed use and development plan will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinum:e; The Comprehensive Plan Land Use Map designates the property as "Mixed Use - Regional." This designation is intended to "provide for a combination of c. compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encomaged." MCC 11-8-1, Schedule of Use Control, allows for drive-through establishments through the conditional use process in C-C zone. Staff finds that the requested coffee shop with a drive-through is in compliance with the Comprehensive Plan and that if approved as a CUP the project will be in compliance with Meridian City Ordinances. 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; Staff is supportive of the site plan design. This area is part of a larger mixed-use commercial area. which staffbelieves the applicant has designed to accommodate. Staff believes that a drive-through coffee shop will be compatible with other uses/buildings in the area. There is a significant amount of landscaping being provided (approximately 20% of the gross land area), and the proposed use is consistent with the previously approved uses within El Dorado Subdivision. Staff finds that if the applicant coTI\Plies with the conditions outlined in this report. the eeneral desien. construction. oneration. and maintenance should be comDatible with other uses in the general neilÙ1borhood and with the existing and intended character of the area. D. That the proposed use, ü it Ç( mpües with all conditions of the approval imposed, will Bot adversely affect other property in the vicinity; Staff finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other propertY in the vicinity. 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; Sanitary sewer and water are currently provided to the subject building. On January 16, 2002, the Ada County Highway District Board ofConunissioners acted on AZ-OI-Ol 8 I Cup-al-O37, El Dorado Business Campus. The conditions, F. G. requirements and restrictions for El Dorado Business Campus also apply to CUP- 04-038. On September 24, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property (see end of staff report for comments). Based on the joint agency/department meeting and other comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed use. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. That the proposed use will Dot create excessive additional requirements at public cost for public faeilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. That the proposed Wie will not involve B.Ctivities 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; Staff recognizes that traffic and noise will iDcrease with the approval of a drive- through in ills location; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke. fwnes, glare, or odors. Staff finds that the proposed drive-through use will not be detrimental to poople, property or the general welfare of the area. 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; The applicant is not proposing to construct any new vehicular approaches int%ut of the property. ACHD considers vehicular approaches in their analysis of projects and has previously. approved the access points for this parcel. The applicant is proposing to utilize these previously approved access points, one on Overland Road, and one on Bonito Way. The proposed site plan shows a single drive-through window on the eastern end of the existing building. There is a 7-£00t wide planter proposed that separates the one-way drive-through lane íTom the two-way drive lane coming off of Overland Road. The drive-through lane will be able to stack approximately 3 to 4 cars, I. before idle vehicles would block through traffic. Staffis supportive of the proposed drive-through lane as it should not interfere with internal traffic flow or traffic flows on the abutting roadways. 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. Staff is unaware of any natural of scenic features of major importance on this site and finds that no Wltural or scenic features of major importance will be lost or damaged by approvin¡ the armexation and zoning applicàlion. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.