HomeMy WebLinkAboutJacksons Food Stores Findings
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-L to C-G
zone and a Conditional Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-05-004, CUP-05-012
For the City Council Hearing Date of: May 24 2005
A. Findings of Fact
l. 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')
ofthe external boundaries ofthe 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.
b.
The matter was duly considered by the City Council at the May 24, 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.
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.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
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.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-O04, CUP-O5-0I2 - PAGE I of4
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 are VJ Joint Ventures, Ronald Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for each type of application.
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 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received fÌ'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 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 Site Plan Dated
January 10, 2005 as shown in Exhibit B, and Site Specific and Standard Conditions of
Approval in Exhibit E.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
l. The applicant's rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-004. CUP-O5-012 - PAGE 2 of4
2. The site specific and standard conditions of approval are as shown in Exhibit D.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval ofthe final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
l. 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Exhibit B:
Legal Description - Survey
Approved Rezone Map/Site Plan
Exhibit C:
Exhibit D:
Findings Zoning/Rezone
Findings Conditional Use Permit
Exhibit E:
Standard and Site Specific Conditions of Approval
By action of the City Council at its regular meeting held on the ~4-t1--.
m~ ' 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED UPð.
0
COUNCIL MEMBER CHRISTINE DONNELL
VOTED _b.ßSsl'h
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED --1f-2'=-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-004, CUP-O5-0I2 - PAGE 3 of4
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYORTAMMYdeWEERD
(TIE BREAKER)
-----'"
VOTED~
Attest:
and City Attorney.
By: ~ ()J\. (\ r\l~J~" ~ lJ1r-.
'city Clerk's Office
Dated: 5-2lb-{)c'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-O04, CUP-O5-012 - PAGE 4 of4
Exhibit A
EXHIBIT A
Jacksons Food Store RZ-05-006
Legal Description/Survey
!IIIIg- Jllcksol1s ¡'ood Stonos, I fll'
~ ~ Conditional US!' ApplÍl'lIlÎ(1[I
....----....-
EXHIBIT A
P"" 1 DøcrlpIfon far Ran8ld Vm AQer. Inc.
Jab NIl. Ml88 NIMllllb8r II, IGII
1And- 1118 SIÆ, afSoorlon 8, 11N, R1E, - Molidlan,CII¥afMìñllln, Ad.CautIy,
IdeIto -1dow8;
CClMMSNCNhl1lw ~ 114_01181<1_1. -by. Þ-œp--
...... - IIw eat-Wal eonr.~.. 01- S- e, -18"11Y44'1õàI. :!(fUO II1I8I:
=- --==:r-..:.:.c:=: ===:.~ ~nt
101081875, . HI IIIØ - """,,, ... .. CIIII1 O p/a& cop - "TVEII'UI 111182" he-
.... iI...PII- . '8ot II1II blOb"""', ond... POINT OF BI!IiIINNINIJ;
!hIIa"""1IO'IIIJO8" W8f. :¡fUll"", fit. HI 518_""'- an .. ........, IIno of
eon.- Pod< 8ubdhtofar¡, .. ...,... plot_In BaaIc 4S,1I1'Ig. 3721, Ada ~ Pf8I
"""""""
--ÓIIIIII8I<I """""" 1Il1O, - 81'6AW WoeI, 218.821ìoe1; '" .""IUII"'" tebar,
-Souih ~t'l4" Wool. :lUlllioaI. "'.1811118- -......~ ~aI
StIIo ~ .(I/oo8IoRaod , u po""""""dgmonIand lIoGNaolCclndomnollon Ir8I.
Nø.1I8IIGGN; - CIounIr -.
-....181<1~. - -/SuI, 34UO IìoeI; "'.... ullI8l11c11_.on
.. ~ ore: PlMA\Ò8.U~ In WOIr8nf¥ DoocI, I~ No. tOtO81875;
-along .Id~. _44_- ,25.1141081, 10.". uI &18 1nd1-
~~ OIniI8ld~, - iD"tO'44" EooI, 22O,6t t'8oI. "'... POINT OF
~ 2.00 -. or II1tZi Squo.. Fool, 1!1018 or I0Io.
Q
Exhibit A
~~r_-
-.--
.-
::::""r-J....
~
MIIVI!III'.. =rolllU WJII'lY!'
---
---
-----------
---
--
------------
.
"
----
-...-
-...-
1!1N,&'L'\III,-
--
--
RBCORD OF SUJIVEY' FOR AN
ADmJSTR.I.TIVI! LOT SPLIT
...... .... ..". or or """""" 8,
r...... " -. ...... , """', - ,""""',
10ft ... """"', .... CO1JIiTT. ......
-
IIõii
.....
-¡¡;¡¡;
" ~
.1ft ,
-~-----O'........r-ïõüi'--~'-"""'"
---"""0'1
~.r.
------'-~J\
=r:=
-
-
&I====~=
EXHIBIT B
Jacksons Food Store
CUP-05-012
Approved Site Plan
--- --rt------~-"---"--"-"--__"--Q_.!L9______-------+-------
~~:..:~::.... PIn '"-20' ~
.1
"
,I
"I
.'
-I
I
1
"
,I
:i
(
i
i
i
¡
!
<¡ it
I AI'~~K
-""'-IJIOIN
II :E:SB I
EXHIBIT C
Jacksons Food Store Rezone
RZ-O5-004
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular Jacts and circumstances oJ each proposed zoning
amendment in terms oJtheJoliowing standards and shall find adequate evidence answering theJoliowing
questions about the proposed zoning amendment (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;
Staff finds that the requested General Commercial (C-G) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7-
2.r. states the purpose of the CoG district is "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." The following Comprehensive Plan policies also support the annexation
and proposed retail/fuel service use:
. "Permit new. . .commercial developments only where urban
services can be reasonably provided at the time of final approval
and development is contiguous to the City." (Chapter IV, pg. 26,
Goal I, Obj. A, #6)
Sanitary sewer, municipal water, solid waste and other services
exist to this area of Meridian.
.
"Require all new parking lots to provide landscaping in internal
islands." (Chapter V, pg. 43, Goal III, Obj. D, #3)
The Site Plan submitted with the CUP application for this
property shall show internal planters, as required.
.
"Locate new community commercial areas on arterials. . .near
residential areas in such a way as to complement with adjoining
residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3)
The proposed commercial use is located at the intersection of a
minor arterial roadway and a state highway. A 25-foot wide
street buffer is shown along Pine Ave and a 35-foot wide street
buffer is shown along Eagle Road SH55, designed in part to
mitigate potential negative impacts upon the vehicular traffic
on Eagle Road.
Exhibit C
.
"Restrict curb cuts and access points on collectors and arterial
streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2)
ACHD is requiring the applicant to locate the two curb cuts to
Pine Ave, one right-inlright-out and one shared access allowing
travel towards the west/Eagle Road. A cross access agreement
with the property at the future property boundaries will be
required so the cuts can be shared with adjacent development.
In addition, access to Eagle Road is prohibited in compliance
with lTD.
B.
Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that the proposed rezone and accompanying development plans
comply with the requested zone and staff does not anticipate that the property will
be rezoned in the future. The area designated as "Future Development" east of the
Jacksons Food Store site is anticipated to be developed under a general concept
plan in accordance with the Mixed Use Regional Comprehensive Plan
Designation with the appropriate zoning in the future. A Master or Concept plan
for the 27.59 acres will be required with the development agreement for the
rezone to address the future of rezoning on the subject property.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for a
Conditional Use Permit for the automobile washing facility on the property. Staff
further finds that the proposed convenience store use is allowed with the approval
of a Conditional Use Permit in this mixed use area.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the immediate vicinity is a mix of undeveloped parcels that are
designated for a mix of uses in the future, existing urban density residential uses
(Meridian Crossroads), and property annexed and zoned as commercial and
industrial property. The southwest corner of Eagle and Pine (approx. 62 acres)
was annexed and zoned C-G (General Commercial) in February 2005 as part of
the Ten mile Development planned development. Immediately south of the parcel
is an industrial subdivision with warehousing/sales/various industrial uses. The
widening of Pine Ave to 5 lanes, the construction of the High School east of the
site, the signalization of the intersection, and the Eagle/I-84 on ramp are all
indicators of a need for a mix of cornmercial services in the area.
3
Exhibit C
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;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood.
The proposed retaiVfuel service/auto washing facilities are listed uses in harmony
with the intended uses in the C-G district. The eastern edge of the proposed
Jacksons Food Store development (Pine Ave western entrance driveway) is
approximately 207 feet east of the 2-acre site, requiring a cross access agreement
to be entered into. The application does not indicate potential future uses on the
eastern remainder of the 27.59 acre parcel. However, any future use will be
consistent with the existing zoning or only allowed through a public hearing/CUP
or platting process in compliance with the Future Land Use Map. The landscaped
street buffers, lighting standards and building setbacks as required by the Zoning
Ordinance are intended to ease impacts of these commercial uses on nearby
residences.
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested annexation and zoning to C-G should not be
disturbing to existing or future neighboring uses. Any future change of use on the
property that may have a significant impact on the surrounding properties will
require conditional use approval under current ordinances, and adjoining property
owners will have an opportunity to comment.
Staff anticipates that the proposed commercial use will not be hazardous or
disturbing to the neighboring uses as long as lighting and noise ordinances are
adhered to. The Commission and Council should consider all public testimony,
oral and written, before making this finding.
G.
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
service;
Staff finds that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will need to be retained on site.
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;
4
ExhIbit C
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I.
Will not involve uses, activities, processes, materials, equipment, and
conditions 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 finds that the proposed C-G zoning of the property does not inherently allow
uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community. Permitted uses in the
C-G zone include gas stations facilities, banks, professional offices, clinics, dry
cleaning, hotels, restaurants and retail stores. However, as noted above, all future
uses will require a mix of use applications consistent with the Future Land Use
Map. Future uses and/or platting will allow for public testimony and site specific
conditions, if necessary, to mitigate uses that may be detrimental to any persons,
property or the general welfare.
J.
Will have vehicular approaches to the property which shaD be so designed as
not to create an interference with traffic on surrounding public streets;
The accompanying CUP application shows vehicular access to the property via
two (2) proposed curb cuts that have been authorized by ACHD and widened to
40 feet. The property owner negotiated the locations and design of these
ingress/egress points to Pine Ave with ACHD. To help prevent interference with
westbound Pine Ave traffic and southbound Eagle Road traffic, left turns are
prohibited out of the site, unless at the designated access. In compliance with ITD
and in support of the Meridain Comprehensive Policies on access to principle
arterials, no direct access to Eagle Road ,will be allowed. Please see the ACHD
and ITD staff reports for more information regarding vehicular approaches and
traffic.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic features will be lost or damaged by the
project.
L.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed annexation would be in the best interest of the City
by increasing the supply of land zoned for neighborhood and vehicular oriented
commercial/retail uses North of 1-84. The proposed zoning complies with the
Future Land Use Map, is not proposing any variances or exceptions to Meridian
5
Exhibit C
City Code and will allow for the improvement of land at a high visibility
intersection in the Area of Impact.
6
EXHIBIT D
Jacksons Food Store
CUP-05-012
Required Findings for Conditional Use
STANDARDS FOR CONDITIONAL USES
The Commission and Conncil shall review the particular facts and circumstances of each
proposed conditional nse in terms ofthe following, and may approve a conditional use
permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-
3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this
ordinance;
Staff finds that the subject property, as depicted, is large enough to accommodate the
required parking, open spaces and landscaping required by the ordinance for a car wash!
convenience store and fuel service use. The minimum number of required off-street
parking spaces required is 22 (Carwash -2 per service bay (4) and Retail store I per 200
sq/ft (3500/200) = 18) the site plan shows (33), along with the 25-foot and 35-foot wide
street buffers and drive aisles. While the western connection to Eagle Road driveway cut
is actually outside the proposed annexed area, staff does not believe this is a problem
since the remaining parcel is owned by Van Auker and a cross access agreement is a
condition of approval.
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 current Comprehensive Plan Land Use Map designates the property as Mixed Use-
Regional. Staff finds that if the modifications required in this report are done, the
application will meet the requirements of the Planned Development and other Zoning
Ordinances. See items A and C under the Zoning Amendment Analysis.
C. 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 finds the design concept to be compatible with the intended character of the area.
See item E under the Zoning Amendment Analysis.
D. That the proposed use, ifit complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Exhibit D
Staff does not anticipate that the proposed development will have an adverse impact on
the surrounding property, However, the Commission and Council should consider any
testimony given at the public hearings before making this finding. See item F under the
Zoning Amendment Analysis.
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;
See comments under the Zoning Amendment Analysis item G.
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;
See comments under the Zoning Amendment Analysis item H.
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;
See comments under the Zoning Amendment Analysis item I.
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;
See comments under the Zoning Amendment Analysis item J.
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.
See comments under the Zoning Amendment Analysis item K.
EXHmIT E
Jacksons Food Store
RZ-05-004, CUP-05-012
Standard and Site Specific Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1.
The legal description submitted with the application is accurate, places the
property contiguous to existing city limits, and meets the requirements of the City
of Meridian and Idaho State Tax Commission. The legal description will be
finalized upon submission of a final plat in compliance with RP-04-001
2.
Public works shall certify the requirements of the reduction in platting have been
met to allow the creation of the 2.0 acre parcel fÌ'om the original 27.59 acre parcel
(SIl09325470). RP-04-00l
3.
The subject property is within the Urban Services Planning Area.
4.
At the time of annexation, the applicant is proposing to develop/improve
approximately 2 acres of the parcel described in the annexation legal description.
Prior to developing the remaining acres of the parcel (SIl09325470), the
applicant/owner is hereby informed that a development agreement must be
approved on the eastern portion of the site. The site lies entirely in one Future
Land Use Designation of Mixed Use Regional which requires a master or
conceptual plan for a combination of compatible land uses with surrounding
properties.
SPECIAL CONSIDERATIONS
1.
Shmage: The Site Plan shows one (1) Main ID sign/free-standing sign at the
northwest corner of the site. MCC 11-14-10 (Table D) allows a maximum of one,
15-foot high sign oer street fÌ'ontage. Also, MCC 11-14-9-D.3 requires the signs
be located "as near the primary access driveway as practical." If the sign is
located at the corner as shown, away fÌ'Om both access drives, staff recommends
the P&Z Commission restrict the site to only the one fÌ'ee-standing sign. If the
signs are shifted to be clearly on both fÌ'ontages and not at the corner, two (2)
signs would be permitted,
2.
Reduction in Platting: The site is currently approved for a reduction in Platting
Requirements as a resubdivision (MCCI2-3-l.B) the following conditions of
approval RP- 04-001 apply:
1.
Applicant must comply with all subdivision improvements as required by
MCC 12-5-2.
Exhibit E
2.
Applicant shall comply with all improvements as required by Ada County
Highway District.
A cross-access agreement between the two proposed parcels is required to
be submitted prior Certificate of Zoning Compliance issuance.
Applicant shall submit a recorded copy of the Record of Survey signed by
the City Engineer prior to Certificate of Zoning Compliance issuance on
the Parcell.
Future development must comply with MCC 11-9-1 regarding building
setbacks, lot coverage, and height restrictions.
No building permit will be issued for Parcel 2. The applicant shall
include Parcell and Parcel 2 in a future subdivision. Parcel 2 will not be
eligible for a building permit until a final plat has been recorded for the
entire property.
3.
4.
5.
6.
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
I.
The building and site improvements shall be constructed per the approved plans
with all modifications required by the City Council.
2.
If a tree-standing sign is located at the corner of the parcel (as shown on the
approved CUP Site Plan), the 2.0 acre parcel is limited to only one (I) tree-
standing sign. If the signage is shifted to be clearly on both frontages and closer to
the primary access drives, two (2) tree-standing signs would be permitted on the
site.
3.
Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded,
perpetual vehicular cross-access easement shall be submitted in favor of the
parcel to the east (Ada Co. Parcel No. S II 09325470), currently owned by Ronald
W. Van Auker. Said easement shall cover the 40-foot wide driveway for access to
west Pine Ave and extend along the north property line approximately 214 feet
into the site as depicted on Sheet S-In, 1110/05.
4.
The applicant shall revise the Landscape / Site Plan (Sheet S-In dated January 10,
2005, by Dale Binning Architect.) to reflect the following changes:
a. Widen the attached sidewalk abutting Pine Ave to a minimum of Seven
(7) feet or provide a 5' detached sidewalk as per ACHD Conditions of
approval.
b. Add one (I), two-inch caliper deciduous tree to the three (3) landscape
planters on the west and north sides of the building
c. Ensure that the inside dimension of said planters is a minimum of five (5)
feet
d. Add a 5' wide landscape buffer east of the Car Wash
e. Add a landscape island to the parking stalls on the south property line with
one (I) two-inch caliper deciduous tree.
- 2-
Exhibit E
f. Add a minimum of eight (8) two-inch caliper deciduous trees to the
eastern property boundary, I tree per 35 feet(270/35=7.71)
g. Add a minimum of Seven (7) two-inch caliper deciduous trees to the
southern property boundary, 1 tree per 35 feet (261/35=7.45)
h. Add One (1) additional two-inch caliper deciduous tree to the northern
property boundary, 1 tree per 35 feet (221/35=6.31)
i. Remove the curb cut on Eagle Road and provide the required landscaping.
j. Any other changes required by the Commission.
Submit 10 copies ofthe revised plan to the City Clerk's office at least 10 days
prior to the next hearing on this application.
5.
The Preliminary Site/Landscape Plan (Sheet S-ln dated January 10, 2005, by
Dale Binning Architect.)is not approved as submitted. Revise the plan to match
the Site Plan and make the corrections as noted in condition #4. Submit a detailed
landscape plan with Certificate of Zoning Compliance application.
6.
Sanitary sewer service to this site shall be via main line extensions fÌ'om an
existing main installed adjacent to the property. The applicant has not submitted a
conceptual design for the sewer system, however, the applicant will be
responsible to construct sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
7.
Domestic water service to this site shall be via main line and/or service line
extensions fÌ'om mains installed adjacent to the property. The applicant has not
submitted a conceptual design for the water system, however, the applicant shall
be responsible to construct water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
forms of easements, for any mains that are required to provide service.
8.
All storm and drainage water must be retained on site. 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 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.
9.
Underground pressurized irrigation must be provided to all landscape areas on
site. Applicant has not indicated who will own the pressurized irrigation system
- 3 -
Exhibit E
within this development. The applicant shall state which irrigation district will
own the system, or if the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan
approval.
10.
Coordinate fire hydrant placement with the City of Meridian's Public Works
Department.
II.
Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a minimum of 3-feet above the highest
established normal groundwater elevation.
STANDARD CONDITIONS OF APPROVAL (CUP)
13,
14.
15.
16.
12.
This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per
Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet
wide.
All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in
compliance with Federal accessibility guidelines.
One hundred watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit fÌ'om the Public Works Department prior commencing
installations.
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
-4-
20.
21.
22.
23.
24.
25.
26.
Exhibit E
17.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
18.
All grading of the site shall be performed in conformance with MCC 11-12-3H.
19.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
All signage shall be in accordance with the standards set forth in this report and
Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided 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. Iflateral users association approval can't be obtained,
plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature.
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
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.
Certificate of Occupancy: All required improvements must be complete prior to
- 5 -
Exhibit E
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.
FIRE DEPARTMENT
I. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 \1," 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.
c. Fire hydrant markers shall be provided per Public Works spec.
d, Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
5. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
6. 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 per Appendix D.
7. The xx office/commercial lots lot will have an unknown transient population and
will have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in the year 2003.
According to a report completed by Fire & Emergency Services Consulting Group
- 6-
Exhibit E
our requests for service are projected to reach 2800 in the year 2005 and 3800 by the
year 2010,
8. Maintain a separation of 5' fÌ'om the building to the dumpster enclosure.
9. Provide a Knoxbox entry system for the complex prior to occupancy.
10. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the reqnired intersection(s).
II. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
12. Provide exterior egress lighting as required by the International Building & Fire
Codes.
13. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) fÌ'om a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
Sanitary Services Comment:
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
- 7 -