HomeMy WebLinkAboutWalgreens RZ-05-008 CUP-05-029
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C-G AND Conditional Use
Permit Approval for a New 14,490 Square-Foot Retail/Pharmacy Building with Two Drive-
Through Lanes, by Hawkins Companies.
Case No(s). RZ-OS-008, CDP-05-029
For the City Council Hearing Date of: August 9, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the August 9,2005, 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
ofthe 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 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-O5-004, CUP-O5-012 - PAGE I of 4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is the Idaho Conference of Seventh-day Adventists, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibits E and F 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 (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D.
C. Decision and Order
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 rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6,
2005 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 of 4
3. The site specific and standard conditions of approval are as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use pennit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfY the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. Ifthe 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 proj ects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.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 [mal 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, Titl~ 67, Idaho
Code.
F. Exhibits
Exhibit A:
Legal Description
Approved Site Plan
Exhibit B:
Exhibit C:
Rezone Comments
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-004, CUP-O5-0 12 - PAGE 3 of 4
Exhibit D:
CUP Conditions of Approval
Zoning Amendment Findings (Rezone)
Exhibit E:
Exhibit F:
CUP Findings
By action ofthe City Council at its regular meeting held on the '111--..
A.~, t'\~ ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED Lf1L
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED \~~-
COUNCIL MEMBER KEITH BIRD
VOTED 100.
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
Attest:
an:.k ttom ey
B . :~Q l.JY'
City Clerk's Office
Dated:
g- \l-OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-004, CUP-O5-012 - PAGE 4 of 4
EXHIBIT A
Walgreens on Ten Mile Road
RZ-OS-008
Legal Description
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SURVEY
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P-hO'le ,JOB) B4b-85m
F"" '(20BI O~- .;J~9
Project No. 05-013
Aprir 15, 2005
DESCRIPTION FOR
TEN MILE AND CHERRY LANE PARCEL RE-ZONE
HAWKINS COMPANIES
A parcel of land located in the SW1/4 of ttle SW1/4 of Sedion 2, T,3N.. R-1W.,
S.M_, Meridian, Ada County, Idaho more particularly described as follows:
BEGINNING at the SW comer said Section 2:
thence along the Was! boundary line of said Section 2 North 00'>19'07" Ea:¡t,
345.50 feet: -
thence leaving saId East boundary line South 88°38'31" East, 317.50 feet;
thence South 00'19'07" West, 50.00 feet;
thence South 88°38'31'" East. 100_00 feet;
thenCe South 00"19'07" West, 295.50 feet to a point on the South boundary line
of said Section 2;
thence along the South boUndary line of :¡aid Section 2 North 88"38'31" West,
417.50 feet to the REAL POINT OF BEGINNING, containing 3.:20 acres, more or less.
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EXHIBIT B
Walgreens on Ten Mile Road
CDP-OS-029
Approved Site Plan
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EXHIBIT C
Walgreens on Ten Mile Road
RZ-OS-008
Rezone Comments
Recommended deletions are strikothroughs and additions are in bold and underlined.
ZONING AMENDMENT COMMENTS (Rezone)
1. The subject property is within the Urban Services Planning Area. The Public
Works Department has confirmed that the submitted legal description meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors.
. That all future uses on the property shall be required to obtain a Conditional
Use Permit prior to construction/operation.
. That the hours of operation on this property shall be limited to 6 a.m. to 44-11
p.m., unless otherwise modified through a future Conditional Use Permit.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
2.
EXHIBIT D
Walgreens on Ten Mile Road
CUP-05-029
CUP Conditions of Approval
SITE SPECIFIC CONDITIONS
1. The site plan prepared by Hawkins Companies, labeled ID 692£ LE-l, dated fr.:1--
~ 7-26-05 is approved as submitted. The landscape plan prepared by South
Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as
submitted. With the Certificate of Zoning Compliance (CZC) application, submit
a reyised site plan and a revised landscape plan that show the requested right-of-
way dedication and reflect the other changes noted in the conditions below.
2.
Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the
applicant shall submit written documentation that includes consent from the
property owner to the north (currently Vance) to construct an off-site driveway to
Ten Mile Road. Documentation providing reciprocal cross-access for both
property owners to use said driveway shall also be provided. Further, the
applicant shall approach the other property owner to the north (Parcel No.
S1202336314) about removing the southern driveway they have to Ten Mile
Road and utilizing the proposed shared driveway as well. If the proposed shared
driveway to the north does not get built for any reason, an all weather access road
must still be maintained to provide access for City of Meridian maintenance crews
to the well house.
3.
The submitted landscape plan prepared by South Landscape Architecture, P.C.,
dated 3-11-05 is not approved as submitted. The applicant should submit 10 full
size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk
at least 10 days prior to the City Council hearing. The following modifications
should be included in the revised plan:
a. Construct a 25-foot wide landscape buffer along Ten Mile Road and
Cherry Lane, located entirely outside of the right-of-way. The
sidewalk for Cherry Lane and Ten Mile Road may not be counted as
part of the landscape buffer width. In accordance with MCC 12-13-10,
install one tree within said buffer for every 35-feet of frontage on the
Cherry Lane and Ten Mile Road. -,
b. Construct a 25-foot wide landscape buffer along the east property line.
The easternmost edge of the driveway to Cherry Lane shall be located
a minimum of 25-feet from the east property line, and not encroach
into the landscape buffer. Said buffer shall contain materials in
accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and
construct a six-foot tall CMU wall, as proposed. Construct a four-foot
tall CMU wall along the north landscape planter, as proposed.
Exhibit D
d. Construct a M~9-foot wide landscape buffer with trees and shrubs
between the retail use and the existing home to the north, as proposed.
Said landscape buffer is approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13
or more continuous parking stalls. Each interior planter shall be
landscaped with at least one tree and shall be covered with low shrubs,
lawn, or other vegetative ground cover (MCC 12-13-11-3).
f. Construct a minimum 5-foot wide landscape strip from the north
property line and the drive aisle (adjacent to the City well lot). Plant a
minimum of one tree per thirty-five feet and shrubs, lawn, or other
vegetative ground cover within said landscape strip (MCC 12-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection/mitigation plan for
the existing trees on site.
h. The applicant shall construct additional screening for the White
property to north, including a 4- foot fence along the southern property
line ofthe White property (Parcel No. SI202336314), as proposed.
4.
The area shown for future development on the submitted site plan shall be
maintained free of combustible vegetatiofl (vleeds). Improved with e:rass until
further use is determined. This future pad site does not currently have its own
lot and a division ofthe property will be required prior to issuance of a building
permit for a second principal structure on this site.
5.
No signs are approved with this CUP application. All business signs require a
separate sign permit in compliance with the sign ordinance. 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.
6.
Meridian City Code requires that this site be served with a pressurized,
underground irrigation system. Use of non-potable irrigation water is required
when detennined to be available by the City Public Works Department as
regulated by MCC 9-1-28. If a creek or well source is not available, a single-
point connection to the municipal water system shall be required. If a single-point
connection is used, the developer shall be responsible for the payment of
assessments for the irragable common areas prior to signature on the final plat by
the Meridian City Engineer.
7.
At the public hearing, the applicant shall update the Commission on the outcome
of the meeting with the Meridian Police Department regarding means of
increasing visibility to the drive-through facility.
8.
Sanitary sewer service shall be from the city of Meridian's existing systems
adjacent to the site. Upgrading of existing service lines may be necessary to
provide a level of service different from the current church use. The future pad
site is being shown to be served by a stub from an existing main in W. CheITY
- 2 ~
15.
Exhibit D
Lane. No sewer main exists at this location. The applicant will be required to
install any new mains that may be required to provide service. The applicant shall
coordinate main sizing and routing, for any needed main, with the City of
Meridian Public Works department, or submit detailed design plans for how the
applicant proposes to service the future pad site with sewer.
9.
Water service to this site is being proposed via an extension of service lines from
water mains located in the private drive abutting the north side of this project.
The applicant shall construct any water mains necessary to service this proposed
development. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Coordinate main
size and routing with Public Works.
10.
Any future change of use on the property shall require conditional use permit
approval.
11.
Comply with the conditions and comments of all City Departments, and other
agencIes.
12.
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
13.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
14.
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.
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 Çatalog
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.
- 3 -
Exhibit D
16.
Applicant's (or successor's) failure to comply with any of the terms of approval
ofthe conditional use permit shall be cause for revocation of the conditional use
pennit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
I. All development improvements, including but not limited to sewer~ fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2. 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.
3. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Pennitting that may be required by the Army Corps of Engineers.
6. All grading ofthe site shall be performed in confonnance with MCC 11-12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
8. Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. 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 shall be approved by
the appropriate irrigation/drainage district, or lateral users association. (ditch
owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, plans shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
10. 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 stonn events, and
- 4-
Exhibit D
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3; I. 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 detennining 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. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
11. One hundred watt, high-pressure sodium streetlights shall 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 from the Public Works Department prior to commencing
installations.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The .standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN FIRE DEPARTMENT
1. 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 W' 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 comers when spacing pennits.
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.
- 5 -
Exhibit D
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix 0 Section DI03.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
mature landscaping.
8. 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.
9. 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.
10. The 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 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 201 O.
II. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from 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).
- 6 -
Exhibit D
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).
16. There shall be a fire hydrant within 100' of all fire department connections.
17. This project has no fire department concerns.
MERIDIAN POLICE DEPARTMENT
1. The proposed drive through has limited visibility from a public street. Prior to the
next public hearing, the applicant shall meet with the Police Chief to discuss
methods of increasing visibility to the facility.
SANITARY SERVICES COMPANY
1. 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. Nampa & Meridian Irrigation District has no facilities that will be impacted by
this proposed project. If all storm drainage is retained on-site there will be no
impact on Nampa & Meridian Irrigation District and no further review will be
required. However, if any surface drainage leaves the site, the Nampa & Meridian
Irrigation District requires that a Land Use Change Application is filed for review
prior to final platting.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805.
4. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
SETTLERS' IRRIGATION DISTRICT -
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Settlers Canal (40' easement)
located along the south boundary of the property.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities, or within its easements.
- 7-
Exhibit D
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All stonn drainage must be retained on-site.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPRav AL
1. Dedicate 54-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground.
Compensation will be non-impact fee eligible.
OR
The applicant may dedicate 48-feet from centerline and provide a 6-foot wide
sidewalk/utility easement beyond the 48-feet.
2. Dedicate 6-feet of right-of-way from the existing right-of-way line abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of
application prior to breaking ground. Compensation will be non-impact fee
eligible.
OR
The applicant may provide a 6-foot wide sidewalk/utility easement in lieu of
right-of-way. ,
3. Construct a 24 to 30-foot wide curb return right-in/right-out driveway on Cherry
Lane located at the west property line. Construct a median in Cherry Lane from
Ten Mile Road to a point approximately 50-feet east of the driveway. The
median should be constructed to restrict this driveway, but should not interfere
with the full access movements of the driveway to the south and east. The
driveway may shift westward, no more than 50-feet, to provide a larger buffer to
the residence to the east.
- 8-
Exhibit D
4. Construct a 30 to 35-foot wide curb return driveway on Ten Mile Road located at
the north property line as proposed; provided that the adjoining property owner
(Vance) has agreed to a portion of the driveway being cOnstructed 011 his property.
Submit written documentation from that owner for consent and cross access. If an
agreement is not reached with the adjacent owner, then the driveway will need to
be shifted to the south and the applicant will need to submit revised drawings and
the driveway location and function will need to be re-evaluated.
5. Close any curb cuts or driveways that have not been approved with this
application, with curb, gutter and sidewalk to match existing improvements.
6. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF APPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
- 9 -
Exhibit D
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change fi-om the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
- 10 ~
EXHIBIT E
Walgreens on Ten Mile Road
RZ-O5-008
Zoning Amendment Findings (Rezone)
STANDARDS FOR ZONING AMENDMENTS
The Commission and Council shall review the particular facts and circumstances of
each proposed zoning amendment in terms of the following standards and shall fmd
adequate evidence answering the following 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;
City Council finds that the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Public/Quasi-Public." Public, Quasi-Public,
and Open Space areas are designated to preserve and protect existing private,
municipal, state, and federal lands for area residents and visitors (Page 99,
Comprehensive Plan). However, the Comprehensive Plan was recently amended
with Resolution No. 04-454, which states that upon redevelopment of properties
designated for public, quasi-public, and open space, a change in designation and
use may be appropriate. The redevelopment of these areas should be guided by
the intensity of the existing use, the underlying zoning of the property, the
surrounding land uses, the location of the property, and transportation issues
associated with the proposed development of the property. The appropriate land
use designation and accompanying zoning for these areas will be determined by
City Council on a case by case basis.
While the Comprehensive Plan Future Land Use Map does not explicitly support
a commercial zoning of this property, City Council finds that there are several
Comprehensive Plan policies that support evaluating this site for a zone not
specifically envisioned by the Map (see below).
"The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the community. It
indicates, in a general way, how the community may develop in the next
five to ten years." (Chapter I, Section B of the Comprehensive Plan)
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the Impact Area. The areas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation of a zoning map."
Exhibit E
City Council believes that the public/quasi-public designation was placed on this
property in 2002 when the Comprehensive Plan was adopted because it was
functioning as a church. The Comprehensive Plan did not originally anticipate any
churches redeveloping with non-public/quasi-public uses; Resolution No. 04H454
does accommodate for redeveloping churches. Further, the other three comers of
the Ten Mile Road/Cherry Lane intersection have developed with non-residential
uses. Due to the development patterns of the surrounding area, City Council
believes it would be appropriate to extend the commercial designation from the
southwest (Albertson's) to this property. City Council further finds that a
commercial zone/use could harmoniously co-exist with the residential uses to the
north and east as well as the commercial uses to the south, west and southwest.
However, due to the close proximity of the single-family homes, City Council is
recommending that any future use on this site be required to obtain CUP approval.
The applicant has requested C-G zoning (General Retail and Service Commercial
District) for this property. The purpose of the C-G zone 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." MCC 11-7-2 City
Council finds that the requested C-G zoning designation and subsequent retail
use with a drive-through is consistent with the definition of the zone.
City Council believes that the quasi-public area that will be converted to
commercial with the approval of this application will be relocated to Black Cat
Road where the church intends to construct a new building. The church has
submitted an annexation application to the City requesting that 5 acres of land
located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L-O
for a new church (AZ-05-024). City Council believes that if both zoning
amendments are approved, the designated public/quasi-public area designated on
the Future Land Use Map for this site will be preserved, just in an area
approximately one mile to the west.
City Council also finds the following Goals, Objectives, and Action items
contained in the 2002 Comprehensive Plan to be applicable to this application
(analysis is in italics below policy):
.
"Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted site plan, the applicant is proposing direct access to Cherry
Lane and Ten Mile Road, both arterial streets. The ACHD has tentatively
approved a right-in/right-out only access to Cherry Lane and a full access to
Ten Mile Road. The full access approval to Ten Mile Road is conditioned on
3
Exhibit E
the applicant obtaining consentfrom the property owner to the north (Vance)
to construct a portion of the driveway on his property. See comments from
ACHD jor jùrther analysis.
.
"Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
By City Ordinance, a 25-foot wide landscape bu.fJèr is required adjacent to
Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-fivefoot wide
buffers, exclusive of right-ol-way, should be constructed adjacent to the
arterial streets.
.
"Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
In order to operate a commercial business on this site, the applicant will be
required to construct landscaping along Ten Mile Road, Cherry Lane,
adjacent to the single-family residences, and internally. The applicant has
asked for an alternative to compliance with the standard 25-foot wide
landscape buffer requirement to the north.
.
"Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4)
On May 27, 2005, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no
deficiencies of public services to serve this property were raised.
. "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goall, Objective B)
City Council believes that the proposed zone does contribute to the variety of
uses in this area.
B.
Is the area included in the zoning amendment intended to be re-zoned in the
future;
4
E.
F.
Exhibit E
City Council finds that the proposed re-zone and accompanying development
plans generally comply with the requested zone and City Council does not
anticipate that the property will be rezoned in the future.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning-for example, a
residential area turning into a commercial area by means of conditional use
permits;
Retail uses are principally permitted (allowed) in the requested C-G zone.
However, drive-in/drive-through establishments require CUP approval in all
commercial zoning districts of the City (MCC 11-8-1). City Council finds that the
applicant has concurrently submitted detailed development plans for a
Conditional Use Permit for the proposed dual drive-through lanes with the rezone
request. City Council further finds that the proposed retail use with a drive-
through will only be allowed with the approval of the requested CUP (CDP-05-
029).
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to five lanes adjacent
to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently
within ACHD's Five-Year Work Program for reconstruction. City Council finds
that the other three comers have been developed in a fashion similar (non-
residential) to the proposed development. Further, the recent annexation and
zoning of several residential subdivisions in this area have made the current
church building too small for the growing congregation. City Council finds that
these factors dictate that the subject property be rezoned and developed
commercially.
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;
City Council has included conditions related to design, construction, operation
and maintenance that City Council believes will allow the proposed use(s) to be
consistent with the existing character of the general vicinity. City Council
believes that the character of the area will change with the approval of the subject
applications; however, City Council believes that the change is appropriate.
Will not be hazardous or disturbing to existing or future neighboring uses;
5
Exhibit E
City Council finds that a 24-hour drive-through pharmacy may be disturbing to
the existing residents in the area. However, if landscape buffers and access points
are installed, and the hours of operation are limited, City Council finds that the
requested rezone and subsequent commercial uses and drive-through should not
be disturbing to the existing or future neighboring uses. To ensure that any future
use on this site will not be hazardous or disturbing, any future change of use on
the property will also require conditional use permit approval, and adjoining
property owners will have an opportunity to comment.
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;
On May 27,2005, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development.
Sanitary sewer and water are currently available to this site. Water mains are
located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in
N. Ten Mile Road. The applicant and/or future property owners will be required
to pay any applicable park and highway impact fees as well as construct on-site
storm water drainage facilities.
City Council finds that the proposed uses can be adequately served by all essential
public services and facilities.
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;
City Council finds that the requested zoning/uses will not create excessive
additional requirements at public costs for public facilities and services.
Additionally, City Council 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;
If the subject rezone application is approved, the applicant intends to construct a
retail building with a drive-through and a future retail/bank building on this site.
6
L.
Exhibit E
Based on the traffic impact study prepared for this development, the site is
anticipated to add 1,115 new vehicle trips to the road network at full build out.
City Council finds that the proposed use and zone will generate additional traffic
on adjacent roadways above and beyond the existing church. City Council
recognizes that traffic and noise will increase with the approval of this
development; however, City Council does not believe that the amount generated
will be detrimental to the general welfare of the public.
City Council does not anticipate the proposed zone and subsequent use(s) will
create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval
are complied with, City Council finds that the proposed zoning/use should not be
detrimental to people, property or the general welfare of the area.
J.
Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
On June 8, 2005, the ACHD Board of Commissioners approved two vehicular
access points for this site. Although neither of the access points meets the
District's policy for location, the Board approved a right-in/right-out driveway to
Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that
the approved vehicular approaches to the property should not interfere with
general traffic patterns on the adjacent public streets. Please refer to the ACHD
report for more details on access to this property.
The proposed site plan shows two drive-through lanes and an escape lane on the
east side of the proposed building. City Council is supportive of the layout for the
proposed drive-through lanes and proposed traffic flow pattern for this lot, as
stacking vehicles should not interfere with internal traffic flows or traffic flows on
the adjacent streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
City Council is unaware of any natural of scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the rezone application.
Is the proposed zoning amendment in the best interest of the City;
In accordance with the findings listed above, City Council fmds that the proposed
zoning of this property would be in the best interest of the City.
7
EXHIBIT F
Walgreens on Ten Mile Road
CUP-O5-029
CUP Findings
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 fmd evidence presented at the hearing(s) is
adequate to establish (l1-17~3):
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;
All proposed building setbacks meet the minimum standards outlined in Titles 11,
Meridian City Code.
City Ordinance requires one (1) off-street parking space per 200 square feet of
retail use. The proposed retail building is 14,490 square feet. Thus, the project
requires seventy-two (72) spaces for the retail use; 80 spaces are proposed.
The required landscape buffer between the proposed retail use and the residences
to the north and east is 25-feet. A 25-foot wide buffer is proposed to the east.
Meridian City Code requires that within three (3) years, sixty percent (60%) or
more of the vertical surface is closed and prevents the passage of vision through
it. The applicant is requesting alternative compliance to the required landscape
buffer to the north. The applicant originally proposed to retain the wood fence
along the east boundary. At the neighborhood meeting, an adjacent neighbor,
stated that the three residences to the east would prefer to have a CMU wall. The
applicant has agreed to replace the existing wood fence and construct a CMU wall
along the east property line, up to the well lot.
City Council 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 for retail uses. However, the applicant is requesting
alternative compliance for the land use buffer to the north.
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;
Please see Standards for Zoning Amendment "A". The proposed site plan shows
two drive-through lanes and an escape lane on the east side of the proposed
building. City Council is supportive of the layout for the proposed drive-through
G.
H.
Exhibit F
lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not
interfere with internal traffic flows or traffic flows on the adjacent streets. City
Council finds that if the applicant complies with all conditions of approval noted
in this report, the development will be hannonious with the Melidian
Comprehensive Plan and in accord with the requirements of the Zoning
Ordinance.
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;
Please see Standards for Zoning Amendment "A".
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
If the applicant complies with all conditions of approval, City Council does not
anticipate that the proposed development will have an adverse impact on 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;
Please see Standards for Zoning Amendment "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;
Please see Standards for Zoning Amendment "H".
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; .
Please see Standards for Zoning Amendment "I".
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;
3
Exhibit F
Please see Standards for Zoning Amendment "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.
City Council does not believe that the proposed development will result in the
destruction, loss or damage of a natural, scenic or historic feature of major
importance.
4