HomeMy WebLinkAboutSt. Alphonsus Ambulatory Care Center RZ-00-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-20-01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 8.88 ACRES
FOR PROPOSED
AMBULATORY CARE CENTER,
LOCATED AT THE
SOUTHEAST CORNER OF TEN
MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO
ST. ALPHONSUS REGIONAL
MEDICAL CENTER,
APPLICANT
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Case No: RZ-O0-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 8.88 acres
having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clock
p.m., and CoUncil having received the report of Brad Hawldns-Clark, Planner for the
Planning and Zoning Department and Bruce Freckleton, Engineering Technician III,
and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and
appearing and testifying on behalf of the Applicant were Mike Ondracek, Darrell
Fugate, Doug Racine and Wes Smith, and appearing in favor of the application was
Dennis Durant, and those appearing in opposition, with comments and/or concerns
were Dwayne Lingel, Penny Hanson, Brian Ydndell, and Robert Morrision, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CAKE CENTER/(RZ-O0-010)
-1
Council having received the record of this matter made before the Planning and
Zoning Commission, and having received their Recommendation to the City Council,
and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law,
Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weelcs prior to said public hearing scheduled for
February 20, 2001, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within
three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the February 20, 200 I,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-OIO)
-2
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City
Code §§ 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title 12,
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 -- }anuary 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 8.88 acres in size. The property
is generally located at the southeast corner of Ten Mile Road and Cherry Lane,
Meridian, Idaho, and is described as follows:
A parcel of land located in Section I 1, Township 3 North, Range 1
West of the Boise Meridian, Ada County, Idaho more particularly
described as follows:
Commencing at the corner common to Sections 2, 3, 10 and 11 of
Township 3 North, Range 1 West of the Boise Meridian, Ada County,
Idaho from which point the North 1/4 corner of said Section I 1 bears
South 89003'40'. East a distance of 2653.23 feet; thence South
00°00'00'' West along the westerly boundary line of said Section 11 a
distance of 300.00 feet; thence leaving said Section line South 89°03'40"
East a distance of 45.01 feet to the TRUE POINT OF BEGINNING;
thence South 89003'40'' East a distance of 681.14 feet; thence South
00°00'00'' West a distance of 274.92 feet; thence South 89020'00'' East a
distance of 416.35 feet; thence North 00°00'00" East a distance of
522.38 feet to a point on the southerly right-of-way line of Cherry Lane;
thence along said southerly right-of-way line, North 89°07'31" West a
distance of 1067.02 feet; thence South 44°30'45" West a distance of
43.47 feet to a point on the easterly right-of-way line of Ten Mile Road;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-OO-010)
-3
thence along said easterly right-of-way line South 00°00'00'' West a
distance of 216.74 feet to the POINT OF BEGINNING.
Said parcel contains 386,613 square feet or 8.88 acres more or less.
5. The owner of record of the subject property is St. Alphonsus
Regional Medical Center, Boise, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is fallow agricultural.
8. The Applicant requests the property be rezoned to L-O.
9. The proposed site is surrounded by a church and residential
subdivision to the north, a church and residential subdivision to the south, a
residential subdivision to the east and retail uses to the west.
i0. The subject property is within city limits of the City of Meridian.
1 I. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: construction of an ambulatory care center.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Existing
14. There are no significant or scenic features of major importance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
-4
that affect the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 l for the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
15.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be
rezoned in the future;
15.3
The proposed use will 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,
subject to the conditions of the conditional use process;
15.4
The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
15.5
The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
15.6
The 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;
15.7
The use will 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-O10)
-5
15.8
15.9
15.10
excessive production of traffic, noise, smoke, fumes, glare or
odors;
The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
The proposed zoning will be in the best interest of the City of
Meridian.
15.2 Staff conditions provide as follows:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
15.2.1 The Applicant shall be required to enter into a Development
Agreement with the City.
15.2.2The following conditions pertaining to the proposed bank site
shall be included in the Development Agreement:
The bank parcel, as configured, has been shown for
conceptual approval within the context of the proposed
rezone. If there are significant modifications, as
determined by staff, at the time a specific bank and site
configuration are determined, such modifications shall
require application for a modification of the current
CUP/PUD application. As a modification, the bank parcel
shall be reviewed on its own merit and either approved or
denied without jeopardizing or compromising the approval
of the current CUP/PUD application for Saint Alphonsus
Medical Office Building. Significant modifications shall
include, but not be limited to, expansion of the total
building square footage, addition of any drive-thru aisles,
change in building height (e.g. anything above single
story), etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-OIO)
-6
Additionally, in the event a bani< project does not
materialize, then applicant shall be allowed to develop any
other principally allowed L-O use on that parcel, subject to
staffs review and approval. If the nature of such a
development were determined by staff to exceed the
conceptual intent of the current CUP/PUD, then that
change would also be require a modification as noted
above. To clarify, any such modification shall be reviewed
on its own merit.
To clarify, the bm~k parcel is conceptual at this point. Any
future development or action on this parcel is intended to
be independent of the current application and approvals,
specifically the ambulatory care/medical office building
portion. The banic parcel, in no way, shall jeopardize the
ability to proceed with the balance of the development.
The construction materials for the proposed bank must
include metal roofing and either brick or brick veneer. The
material color palette presented are conceptual at this time.
Applicant has freedom to modify colors in the future,
subject to staffs review.
All required parking stalls and landscaping must be located
within the boundaries of the future banic parcel. As
proposed, the row of nine (9) stalls along the east
boundary of the bank parcel have no access to the bank.
Applicant has updated the Master Site Development Plan
providing an access point through the landscape berm
along the east property line of the bank parcel to allow
more direct access from these (9) parking stalls to the
bank.
15.2.3Any existing domestic wells and/or septic systems within this
project will have to be removed from their 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.
15.2.40ff street parking shall be provided in accordance with the city
of Meridian ordinance 11-13 for use of undeveloped lots.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-OIO)
-7
15.2.5 Outside lighting shall be designed and placed in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
15.2.6A 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-I-91) for all off-street parldng areas. All site
drainage shall be contained and disposed of on-site.
15.2.7All signage shall be in accordance with the standards set forth in
Section I 1-14 of the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs
will be permitted.
15.2.8Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.K.
15.2.9All construction shall conform to the requirements of the
Americans with Disabilities Act.
follows:
Adopt the Recommendations of the Ada County Highway District as
15.2.10Construct a 30 to 35-foot wide right-in/right-out driveway on
Ten Mile Road located approximately 220-feet south of the
signalized intersection at Cherry Lane as proposed. Construct a
six-inch raised median in the center of Ten Mile Road, from a
point 10-feet south of the stop bar at the intersection to a point
approximately 40-feet south of the southern edge of driveway.
The median shall be constructed to NOT restrict the existing
driveways on Ten Mile Road. Coordinate the design and location
of the median with District staff. Submit a design of the median
to the District's Traffic Service's Supervisor for review and a
letter of approval.
15.2.11Construct a 30 to 35-foot wide right-in/right-out driveway on
Cherry Lane located approximately 230-feet east of the signalized
intersection at Ten Mile Road as proposed. Construct an on-site
median to restrict the driveway to right-in/right-out operations.
Submit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of approval. Sign the driveway
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-O1 O)
-8
for right turn movements. The applicant may construct this
driveway a maximum width of 40-feet to accommodate the on-
site median.
15.2.12Construct a 46-foot wide driveway on Cherry Lane located to
align or offset a minimum of 150-feet from any existing or
proposed driveways. Submit a site plan that indicates existing
driveway locations on the north side of Cherry Lane to verify that
the proposed driveway meets District policy. The eastern most
driveway on Cherry Lane shall be shifted approximately 60 feet
to the east to accommodate this policy. The revised Master Site
Development Plan reflects this change. An island is required
within the driveway and should be constructed a minimum of 4-
feet wide and located outside of the public right-of-way.
15.2.13Construct a 30 to 35-foot wide driveway on Cherry Lane located
to align or offset a minimum of 150-feet from any existing or
proposed driveways. Submit a site plan that indicates existing
driveway locations on the north side of Cherry Lane to verify that
the proposed driveway meets District policy.
15.2.14Pave all of the driveways their full width and at least 30-feet
into the site beyond the edge of pavement with 15-foot ctzrb
radii.
15.2.15Replace any unused curb cuts on Ten Mile Road or Cherry Lane
with standard curb, gutter and concrete sidewalk to match
existing improvements.
15.2.16Replace any damaged curb, gutter and/or sidewalk on Cherry
Lane or Ten Mile Road with new curb, gutter and/or concrete
sidewalk to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services
staff.
15.2.17Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
15.2.18Other than the access points specifically approved with this
application, direct lot or parcel access to Ten Mile Road or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-O1 O)
-9
Cherry Lane is prohibited.
Adopt the additional action of the Council from their February 20,
2001, meeting by incorporating the Applicant's letter of 02/12/01 as follows:
15.2.19Pertaining to the site lighting, the applicant shall comply with
the ordinance requirements, and specifically, the site lighting
shall be designed so that light does not directly reflect or spill
over into adjacent residential districts, that the site lighting
arrangement shall be approved by the City Engineer and that
applicant comply with the listed site lighting standards. A
Conceptual Site Lighting Plan has been submitted to show the
proposed site lighting arrangement, light levels and fixture types,
and is on file with the City Clerk's office.
15.2.20The "Hours of Business Operation" shall be defined as "Hours
during which the facility is actually open for business and
patients are on the premises being seen or treated." Additionally,
to clarify facility maintenance, before or after hours staff
preparation or other similar activities occurring when the facility
is not open for business are not subject to "Hours of Business
Operation" restrictions.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Plam~ing Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
3. The requested zoning of Limited Office District, (L-O) is defined in
the Zoning Ordinance at 11-7-2 G as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-OIO)
-i0
(L-O) Limited Office District: The purpose of the L-O District is
to permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic,
public service and similar uses. Research uses shall not involve
heavy testing operations of any kind or product manufacturing of
such a nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this District. The L-O District
is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus
a transitional use. Connection to the Municipal water and sewer
system of the City is a requiremem in this District.
Idaho Code § 67-6511 provides and requires that the City shall
establish by ordinance one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan and the ordinance establishing zoning districts can be
amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The
governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and
termination of conditional commitments.
The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
-11
that an owner or developer make a written commitment concerning the use or
development of the subject property.
§ 11-6-1 ZONING DISTRiCT MAP provides in part as follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter
thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the
zoning districts as shown on the Official Zoning Map, the
following shall apply:
7.1
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-
way lines, streams, lakes or other bodies of water, the
centerline shall be construed to be such boundary;
7.2
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
7.3
7.4
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of
streets, or the centerlines or right-of-way lines of highways,
such district boundaries shall be construed as being parallel
thereto and at such distance therefrom as indicated on the
Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale
shown on the Official Zoning Map; and
Where the boundary of a district follows a railroad line,
such boundary shall be deemed to be located in the middle
of the main tracks of said railroad line.
8. § 11-15-1 1 of the Meridian City Code GENERAL
STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
- 12
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of
the following standards and shall find adequate evidence
answering the following questions about the proposed zoning
amendment:
8.1
The new zoning will be harmonious with and in
accordance with the Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3
8.4
The area is intended to be developed in the fashion that is
allowed under the new zoning.
There has been no change in the area or adjacent areas
which would dictate the area should be rezone&
8.5
The proposed uses will 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;
8.6
8.7
8.8
8.9
The proposed uses will not be hazardous or disturbing to
existing or future neighboring uses;
The area will be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
The 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;
The proposed uses will not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-010)
- 13
8.10
8.11
8.12
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
The proposed zoning amendment is in the best interest of
the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 8.88 acres for
construction and development of an ambulatory care center is granted, subject to the
terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and
development relate to this application to-wit:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
2.1 The Applicant shall be required to enter into a
Development Agreement with the City.
2.2 The following conditions pertaining to the proposed bani<
site shall be included in the Development Agreement:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
-14
The bank parcel, as configured, has been shown for
conceptual approval within the context of the
proposed rezone. If there are significant
modifications, as determined by staff, at the time a
specific bank and site configuration are determined,
such modifications shall require application for a
modification of the current CUP/PUD application.
As a modification, the bank parcel shall be reviewed
on its own merit and either approved or denied
without jeopardizing or compromising the approval
of the current CUP/PUD application for Saint
Alphonsus Medical Office Building. Significant
modifications shall include, but not be limited to,
expansion of the total building square footage,
addition of any drive-thru aisles, change in building
height (e.g. anything above single story), etc.
Additionally, in the event a bank project does not
materialize, then applicant shall be allowed to
develop any other principally allowed L-O use on
that parcel, subject to staff's review and approval. If
the nature of such a development were determined
by staff to exceed the conceptual intent of the
current CUP/PUD, then that change would also be
require a modification as noted above. To clarify,
any such modification shall be reviewed on its own
merit.
To clarify, the bank parcel is conceptual at this
point. Any future development or action on this
parcel is intended to be independent of the current
application and approvals, specifically the
ambulatory care/medical office building portion.
The bank parcel, in no way, shall jeopardize the
ability to proceed with the balance of the
development.
b4
The construction materials for the proposed bank
must include metal roofing and either brick or brick
veneer. The material color palette presented are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
-15
2.3
2.4
conceptual at this time. Applicant has freedom to
modify colors in the future, subject to staff's review.
Ail required parking stalls and landscaping must be
located w/thin the boundaries of the future bank
parcel. As proposed, the row of nine (9) stalls along
the east boundary of the bank parcel have no access
to the bank. Applicant has updated the Master Site
Development Plan providing an access point
through the landscape berm along the east property
line of the bank parcel to allow more direct access
from these (9) parking stalls to the bank.
Any existing domestic wells and/or septic systems w/thin
this project will have to be removed from their 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.
Off street parking shall be provided in accordance with the
city of Meridian ordinance 11-13 for use of undeveloped
lots.
2.5
2.6
2.7
2.8
Outside lighting shall be designed and placed in accordance
w/th City Ordinance Sections 11-13-4.C. and 12-5-2.M.
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. Ail site drainage shall be contained and
disposed of on-site.
All signage shall be in accordance w/th the standards set
forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
Provide five-foot-w/de sidewalks in accordance with City
Ordinance Section 12-5-2.K.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-010)
-16
2.9 All construction shall conform to the requirements of the
fia~ericans with Disabilities Act.
Adopt the Recommendations of the Ada County Highway
District as follows:
2.10
Construct a 30 to 35-foot wide right-in/right-out driveway
on Ten Mile Road located approximately 220-feet south
of the signalized intersection at Cherry Lane as proposed.
Construct a six-inch raised median in the center of Ten
Mile Road, from a point 10-feet south of the stop bar at
the intersection to a point approximately 40-feet south of
the southern edge of driveway. The median shall be
constructed to NOT restrict the existing driveways on Ten
Mile Road. Coordinate the design and location of the
median with District staff. Submit a design of the median
to the District's Traffic Service's Supervisor for rev/ew and
a letter of approval.
2.11
Construct a 30 to 35-foot wide right-in/right-out driveway
on Cherry Lane located approximately 230-feet east of the
signalized intersection at Ten Mile Road as proposed.
Construct an on-site median to restrict the driveway to
right-in/right-out operations. Submit a design of the
median to the District's Traffic Service's Supervisor for
review and a letter of approval. Sign the driveway for right
turn movements. The applicant may construct this
driveway a maximum width of 40-feet to accommodate the
on-site median.
2.12
Construct a 46-foot wide driveway on Cherry Lane located
to align or offset a minimum of 150-feet from any existing
or proposed driveways. Submit a site plan that indicates
existing driveway locations on the north side of Cherry
Lane to verify that the proposed driveway meets District
policy. The eastern most driveway on Cherry Lane shall be
shifted approximately 60 feet to thc east to accommodate
this policy. The revised Master Site Development Plan
reflects this change. An island is required within the
driveway and should be constructed a minimum of 4-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-OIO)
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wide and located outside of the public right-of-way.
2.13
Construct a 30 to 35-foot wide driveway on Cherry Lane
located to align or offset a minimum of 150-feet from any
existing or proposed driveways. Submit a site plan that
indicates existing driveway locations on the north side of
Cherry Lane to verify that the proposed driveway meets
District policy.
2.14
Pave all of the driveways their full width and at least 30-
feet into the site beyond the edge of pavement with 15-
foot curb radii.
2.15
Replace any unused curb cuts on Ten Mile Road or Cherry
Lane with standard curb, gutter and concrete sidewalk to
match existing improvements.
2.16
Replace any damaged curb, gutter and/or sidewalk on
Cherry Lane or Ten Mile Road with new curb, gutter
and/or concrete sidewalk to match existing improvements.
Segments to be replaced shall be determined by ACHD
Construction Services staff.
2.17 Utility street cuts in pavement less than five years old are
not allowed unless approved in writing by the District.
2.18
Other than the access points specifically approved with
this application, direct lot or parcel access to Ten Mile
Road or Cherry Lane is prohibited.
Adopt the additional action of the Council from their February
20, 2001, meeting by incorporating the Applicant's letter of 02/12/01 as follows:
2.19
Pertaining to the site lighting, the applicant shall comply
with the ordinance requirements, and specifically, the site
lighting shall be designed so that light does not directly
reflect or spill over into adjacent residential districts, that
the site lighting arrangement shall be approved by the City
Engineer and that applicant comply with the listed site
lighting standards. A Conceptual Site Lighting Plan has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-OIO)
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2.20
been submitted to show the proposed site lighting
arrangement, light levels and fixture types, and is on file
with the City Clerk's office.
The "Hours of Business Operation" shall be defined as
"Hours during which the facility is actually open for
business and patients are on the premises being seen or
treated." Additionally, to clarify facility maintenance,
before or after hours staff preparation or other similar
activities occurring when the facility is not open for
business are not subject to "Hours of Business Operation"
restrictions.
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the re-designation of the zoning for the real property
which is the subiect of the application to (L-O) Limited Office District (Meridian
City Code § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 3 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the offidal Zoning Maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION
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 rezoning may, within twenty-eight (28) days after the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-00-O1 O)
-I9
date of this decision and order, seek a judicial rexdew as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of /~t~/t F-~-' , 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
VOTED
VOTED
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTED
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~ -- ~ '" tS)/
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
~ity Clerk
Dated:
msg/Z:\W or kWNMeridianCderidia n 15360iVNStAIs RZ010CUP056~FfsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 8.88 ACRES FROM R-4 TO L-O
ST. AL'S AMBULATORY CARE CENTER/(RZ-O0-OIO)
8EAI
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