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HomeMy WebLinkAbout10-20-98 City Council Item Packet u MERIDIAN CITY COUNCIL MEETING: OCTOBER 20. 1998 APPLICANT: DAKOTA COMPANY INC. ITEM NUMBER: 16 REQUEST• CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS FROM P&Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~~ ~~ Y~u~ ~ ~ ~~ C~~~_d'i G/~~ v~ (~ ,;,p I~ ~' INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNI~AND ZONING COMMISSION ME~G OCTOBER 13, 1998 PAGE 12 MacCoy: Commissioner Nelson? Nelson: I have no comments. MacCoy: Do you want to read the approval of findings? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. ROLL CALL: Borup -yea, Smith -abstain, De Weerd -yea, Nelson -yea. MacCoy: Decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditions, the conditional use set forth for these uses, set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. MacCoy: Motion passes. ITEM NO. 7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND FAIRVIEW: MacCoy: Commissioners? De Weerd: Mr. Chairman, I have a couple of things that I would like to amend. Item 12, letter A on page 11. MacCoy: Which page are you on now? De Weerd: Page 11. MacCoy: Item 12? MERIDIAN PLANNI~AND ZONING COMMISSION ME~NG OCTOBER 13, 1998 PAGE 13 De Weerd: 12 A. If we could add in the last sentence that the final design shall not have more than 100 feet between landscaped areas per parking row. 150 feet. (Inaudible) De Weerd: I'm sorry, I still have that. I meant a 150 feet. I just wanted the addition to specify that is per parking row. MacCoy: Oh, I see what you are saying. De Weerd: And then on the next page, B, 12 B. That would be a 20 foot wide berm. I don't want it a 20 foot berm, I'd like it 20 foot wide. Borup: You don't want it 20 foot high? De Weerd: Or high, just wide. That would be the same on D. Then on D, the second sentence says, I guess I was confused by that sentence. That the residential community located to the east, it's also located to the south. Rossman: Where are you at here, Commissioner De Weerd? De Weerd: 12 D, It would be the first sentence second row. MacCoy: Oh, I see what you are saying. De Weerd: Between the project and the residential community located to the east of the project. Located to the east and south. MacCoy: Okay, what else do you have? De Weerd: I guess I didn't see any reference there as far as setting some kind of time line as far as the masonry wall and the landscape berm. MacCoy: So since I didn't attend this one, what was the conclusion or had you--- did you come by that time. De Weerd: We had that in discussion but we didn't have it in the specific motion. Borup: What was your recollection of the discussion commissioner? Prior to occupancy? De Weerd: Yeah. I think-I believe that Mr. Durkin mentioned that prior to occupancy that they would have a landscape berm in. At the time we discussed MERIDIAN PLANNI~AND ZONING COMMISSION ME~G OCTOBER 13, 199$ PAGE 14 it, we didn't know for sure if we had a masonry wall, so that particular time was not discussed. Borup: So you are proposing to add to D prior to any occupancy permit being issued? De Weerd: That would be my suggestion. Rossman:. That is where again? De Weerd: It would be added to 12 D. Rossman: At the end of the paragraph? De Weerd: Yes. Rossman: That the buffer zone and the masonry wall will be constructed when? Prior to occupancy? De Weerd: Prior to the first occupancy permit. If anyone thinks otherwise, they can speak out. MacCoy: Well, you have the floor right now. De Weerd: Well, that's my comments. I think the city attorney did a wonderful job with this, with everything he had to look through. Borup: Might notice he worked the holiday on this too. MacCoy: Mr. Borup, do you have any comments? Borup: No, did you finish Commissioner De Weerd? De Weerd: Yes I did. Borup: I would agree with those amendments or additions, or whatever... MacCoy: Commissioner Smith, do you have anything? Smith: Yes, I would like to reiterate that I feel that I'm at somewhat of a disadvantage. I've not seen these findings until tonight, so I'm missing something, where it is located in the findings. Please bear with me. Back on item 12 A on page 11, states that minimum 6 foot by 19 foot planning island would be placed within the parking lot of the subject development project at the location submitted within the plans. Submitted by the applicants and made part of the record herein, they weren't shown on the map that we had. The ones that MERIDIAN PLANNI~AND ZONING COMMISSION ME~NG OCTOBER 13, 1998 PAGE 15 we asked for to be added. Those were the ones that we had asked that Mr. Kolga design and place in accordance with the perimeters that Commissioner De Weerd just stated. Rossman: What we can do on that, Commissioner Smith, in that first sentence right at the development project and leave the placement of the particular islands to design review with staff. Smith: That would be fine. The only other thing that I can think of right now is, I had made a comment that it was regarding the 20 foot noise barrier along the side of the truck docks that if-there was some concern raised if the noise echoed out into the drive area and out past the property-something along the lines that if the desired sound attenuation deafening steps did not mitigate the sound to the design levels as agreed upon that we would use it further sound attenuation methods to deaden that and maybe that's (Inaudible)... De Weerd: I believe that is on page 23, Item K. Smith: Okay, that's all I had. MacCoy: Commissioner Nelson? Nelson: I would just like to comment that Mr. Durkin has been patient and conformed to all our additional requests and that this Findings of Fact is as complete as it needs to be but for the record, all said and done, to me it stilt looks like a strip mall, I'm underwhelmed by the design. i thought I would make that part of the record for the City Council De Weerd: Mr. Chairman, one more item to note is we did get a letter from Correll Rogers about the placement of the masonry wall. It has been referenced in our findings, but how do we incorporate those? Rossman: You can incorporate them at this point, because they were referenced with the original motion, they were referenced in the prior public hearing and if this fetter-specifically if this letter relates to an agreement as to the placement of the concrete barrier between the project and the residential development. De Weerd: So that could be added to 12 D on page 12? Rossman: I guess you need to move to amend the record to include the letter that has just been provided today. De Weerd: That amendment would have to be in addition to the other changes to the findings. MERIDIAN PLANNI~AND ZONING COMMISSION ME~NG OCTOBER 13, 1998 PAGE 16 Rossman: No, you're amending the record, not the findings. You are just adding that record to the record that we already have with regard to this application. De Weerd: That would go under a separate motion? Rossman: Yes, it needs to be added to the record as an exhibit. A motion to include a letter within the record with this particular application. De Weerd: That would have to be after any motion on this item. Rossman: No, it would be before. De Weerd: Before. That's all I have. MacCoy: Do you want to make a motion on that? We are down to that point now. De Weerd: I would move that we amend the record to include the letter from Correll Rogers that was provided to us today regarding placement of the masonry wall. MacCoy: What is the date of the letter? De Weerd: Dated October 13, 1998. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Is there any other discussion? Okay then somebody take the approval of findings statement. De Weerd: Mr. Chairman ,the Meridian Planning and Zoning Commission hereby adopts and approves these amended Findings of Fact and Conclusions of Law. Borup: Second. Rossman: Just for a point of clarification, with the oral amendments that were placed on the record today, I assume. De Weerd: That's correct. ROLL CALL: Borup -aye, Smith -aye, De Weerd -aye, Nelson -nay. MERIDIAN PLANNI~AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 17 MacCoy: Okay, what's the decision? (END OF TAPE) De Weerd: ...Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these amended Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these amended Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 8: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP -SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1sT: MacCoy: Before I call anybody forward does the staff have anything to add to this or say to this? Borup: Mr. Chairman, we have received a letter from the applicant. MacCoy: That's what I want them to say. You are jumping ahead of the game. Berg: Mr. Chairman and members of the commission, we received a letter faxed today in the city clerks office as you have presented would like a postponement of this hearing which I would phrase continued until the next regularly scheduled meeting in November, November 10tH Smith: Mr. Chairman, I would like to make a motion that we continue this public hearing until our November 10th meeting. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 9: REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY TODD MASON D/B/A MOXIE JAVA -106 E. WILLIAMS: • • MERIDIAN PLANNING AND ZONING MEETING: October 13, 1998 APPLICANT: DAKOTA COMPANY INC ITEM NUMBER: 7 REQUEST: CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER AGENCY CITY CLERK: COMMENTS REFER TO MINUTES ON 09/08/98 REFER TO SPECIAL MEETING MINUTES 09/24/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: NO INFORMATION SUBMITTED ~~~~~IL ~~~~ ~ ~~c All Materials presented at public meetings shall become property of the City of Meridian. 4 ~ ~ ~-~ r~~ ~ n~ . ** TX CONFIRMAT~ REPORT ** AS OF OCT 13 '9~4~00 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 10113 13 59 1 208 343 4954 October 13, 1998 MODE MINiSEC PGS CMD# STATUS G3--S 00'44" 001 045 OK Meridian Planning and Zoning Commission 33 E. idaho St. Meridian,lD 83642 To Whom it May Concern: ~~ Z )o-I3-q$ ~~~7 ~cE"~D O C T 1 3 1998 CITY OF MERIDIAN On October 8, 1998 a group of adjacent property owners met with David Koga of the Land Group, Tom Bauwens of the Dakota Company, and Shari Stiles (staff member from the City of Meridian). The purpose of the meeting was to determine the placement of the masonry wall which will be going up between the adjacent residents in the Crossroads Subdivision and the Family Center. The consensus reached at the meeting was that the masonry wall will be placed next to the existing wood fence (which belongs to the subdivision), OR that it will in fact take the place of the wood fence, pending approval of the adjacent homeowners and/or the homeowners' association. In other words, the masonry wall will be on the property line between the homes and the subdivision. The landscaped berm and trees will be on the shopping center side, which will create an attractive, landscaped. ring around the subdivision. it also ensures that the view of the shopping center will be broken up by the trees lining the masonry wall. The residents of Crossroads hope that this answers your questions regazding this matter. Should you have further questions, please contact Lorell Rogers at 887-5378 or Alan Durrant at 866- 0419 or 898-0'125. Thank you for your time. Sincerely, (~~.~~. Lorell Rogers Crossroads Homeowners' Representative Post-it• Fax Note 7671 Ds~ ~~ ( ~q~- 1 To ~[ J Fiom r,' Co,lDept. Gb. Phone # Phone M Fax Fax a October 13, 1998 Meridian Planning and Zoning Commission 33 E. Idaho St. Meridian, ID 83642 To Whom It May Concern: ~~ ~ 0- 13- q $ J~~'n ~ 1 R,~cE~D O C T 1 3 1998 CITY OF MERIDIAN On October 8, 1998 a group of adjacent property owners met with David Koga of the Land Group, Tom Bauwens of the Dakota Company, and Shari Stiles (staff member from the City of Meridian). The purpose of the meeting was to determine the placement of the masonry wall which will be going up between the adjacent residents in the Crossroads Subdivision and the Family Center. The consensus reached at the meeting was that the masonry wall will be placed next to the existing wood fence (which belongs to the subdivision), OR that it will in fact take the place of the wood fence, pending approval of the adjacent homeowners and/or the homeowners' association. In other words, the masonry wall will be on the property line between the homes and the subdivision. The landscaped berm and trees will be on the shopping center side, which will create an attractive, landscaped. ring around the subdivision. It also ensures that the view of the shopping center will be broken up by the trees lining the masonry wall. The residents of Crossroads hope that this answers your questions regarding this matter. Should you have further questions, please contact Lorell Rogers at 887-5378 or Alan Durrant at 866- 0419 or 898-0125. Thank you for your time. Sincerely, ~ ~~ Lorell Rogers Crossroads Homeowners' Representative BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF HERMES ASSOCIATES AND DAKOTA COMPANY, INC., THE APPLICATION FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER, SOUTH- EAST CORNER OF EAGLE ROAD AND FAIRVIEW AVENUE, 74.74 ACRES, PARCEL ONE AND PARCEL TWO, TAX PARCEL NUMBERS S1109233945 AND S1109212467, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on July 14, August 11, 1998, September 8, 1998, and September 24, 1998, on said dates at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the first said public hearing scheduled for July 14, 1998, before the Planning and Zoning Commission, the first publication appearing and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ ~ written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been .posted upon the property under consideration more than one week before said hearing and the 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 Planning and Zoning Commission at the July 14, 1998, August 11, 1998, September 8, 1998 and September 24, 1998 public hearings; 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. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is on 73 acres on the southeast comer of the intersection of Fairview Avenue and Eagle Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The application represents that it is being pursued by Hermes Associates and Dakota Company, Inc. on behalf of the record property owner, Gemtone, Inc., in accordance with the Affidavit of legal interest executed by Gemtone, Inc., and on file as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • matter of record in this action and incorporated herein. 5. Hermes Associates and Dakota Company, Inc. have filed a written request for a conditional use permit. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The subject property is currently zoned (I-L), Light Industrial, subject to a conditional use permit which was granted to Gemtone, Inc. in 1991 for development of the subject property as a planned unit development general in accordance with the City of Meridian Zoning and Development Ordinance. The original planned unit development permit requires the issuance of a new conditional use permit for any subsequent uses of the property. The zoning of the Light Industrial District (I-L) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-4086(14). 8. Capital Development Corporation has developed the portion of the planned unit development lying to the east and south of the subject property wherein a residential subdivision is currently located. The applicants now seek approval of their application for a conditional use permit for shopping ,center and commercial project. The subject application requests approval of an approximately 848,000 plus/minus square foot multi- tenant shopping center involving a variety of retail, office and other commercial uses, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ ~ more specifically set forth within the subject application and testimony submitted during the afore stated public hearings. 9. The applicant and several consulting experts testified during the public hearings regarding the specific characteristics of the proposed project; that the project was in fact consistent with the original conditional use permit and planned unit development and that the applicant was agreeable to reasonable conditions imposed by the Planning and Zoning Commission and the Meridian City Council to ensure the compatibility of the project with the Meridian Comprehensive Plan, the City of Meridian Zoning and Development Ordinance, and the standards set forth within the conditional use permit and the planned unit development provisions of the ordinance. 10. Several residents of the adjoining residential subdivision testified in opposition to the project. Such residents did at all relevant times, however, have knowledge either actual or constructive that the subdivision was developed as a part of a planned unit development within a Light Industrial Zone (I-L). Several residents further testified regarding the sufficiency of the berm and buffering between the commercial and residential portions of the development and the noise reduction measures incorporated within the project for the property between the subject commercial development and the residential homes. 11. Robert Phillips, a homeowner in the adjoining subdivision, and JoAnn Butler, an attorney representing Capital Development, Inc., raised several legal arguments supporting their claim that the proposed development is not a permitted use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~! within the (I-L) Light Industrial Zone. 12. A representative of the Ada County Highway District further testified regarding various transportation related issues and a report from the Ada County Highway District was admitted into the record and incorporated herein, which included numerous recommendations and requirements of the Ada County Highway District for the project. 13. By agreement from the applicant, Kerrie Standlee, P.E. from the engineering firm of Daly Standlee and Associates, Inc., 4900 SW Griffith Drive, Suite 216, Beaverton, Oregon 97005, testified during the hearing regarding the noise reduction issues and submitted as part of the record a report dated September 23, 1998, including a summary of findings and recommendations to the Commission regarding such issues. 14. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated July 9, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 15. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 16. The uses proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER s ~ conditional use as determined by City Policy. 17. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 18. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 19. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 20. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 21. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 22. The uses proposed within the subject application 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 excessive production of traffic, noise, smoke, fumes, glare or odors. 23. Sufficient off-street parking for the property and the proposed uses of the property will be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER C • 24. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. t 25. The proposed development will achieve a convenient pattern of commercial and residential uses, as well as public services which support such uses. 26. The proposed development plan encompasses maximum site design flexibility. 27. The proposed development is consistent with the general standards for Planned Developments relating to site accessibility, roadways, off street parking, utilities, open space, landscaping, and irrigation facilities and drainage systems as set forth within the City of Meridian Subdivision and Development Ordinance, Section 11-9-607(G). 28. The proposed development is further consistent with the design standards for Planned Development General as set forth within the City of Meridian Subdivision and Development Ordinance, Section 11-9-607(J). CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. A Planned Development (PD) is defined within the City of Meridian Zoning and Development Ordinance as: "PLANNED DEVELOPMENT ~PD~, An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts of this Ordinance." 5. A Planned General Development (PD-G) is defined within the Meridian City Zoning and Development Ordinance as: "PLANNED GENERAL DEVELOPMENT (PD-G~ A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 6. To develop a parcel of property as a Planned Unit Development General, in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER a light industrial zoning district, a conditional use permit is required to be obtained. City of Meridian Zoning and Development Ordinance, Section 11-2-409(C). 7. The Planned Unit Development provisions contained within the City of Meridian Subdivision and Development Ordinance, Section 11-9-607(E) provide flexibility to the Meridian City Council and the Planning and Zoning Commission in approving a conditional use permit within a Planned Unit Development, and more specifically states as follows: 11-9-607 (E): "A PD shall be allowed only as a conditional use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." 8. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER s ~ intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. 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 conditional use shall be able to provide adequately any such services; f. 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; g. 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 excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. Prior to granting a conditional use permit in an Light Industrial zone (I-L), a public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 10. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ • Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 11. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 12. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. That minimum six foot (6') by nineteen foot (19') planting islands be placed within the parking lot of the subject development project. The design of the islands shall be determined by the applicants' landscape architect and the City of Meridian staff shall have the authority to provide final approval through the design review process FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER of the final location and design of the plantings. The final design shall not have more than 150 feet between landscaped areas per parking row. b. There shall be placed a twenty foot (20') wide berm along the perimeter of the development project as it sits along Eagle Road and Fairview Avenue. Any sidewalks along such roads shall either be placed within the Ada County Highway District right-of--way or the aforementioned berm shall be increased from twenty feet (20') to the extent necessary for the placement of such sidewalks. c. If the Idaho Transportation Department right-of--way is to be included within the proposed development, a License Agreement shall be obtained for the landscape encroachment from the Idaho Transportation Department and/or the Ada County Highway District. d. There shall be placed a twenty foot (20') wide buffer zone between the project and the residential community located to the east and south of the project and that such buffer shall include a three foot (3') berm with staggered trees as designed by the applicants landscape architect subject to final approval through design review by Meridian Planning and Zoning staff. Further included within such buffer zone shall be a minimum six foot (6') high masonry block wall extending the entire length of the buffer zone. The exact location of such wall shall be determined by the applicant in conjunction with the residential neighborhood homeowners association with final approval to be provided by staff through design review and the buffer zone and masonry wall will be constructed prior to issuance of the first occupancy permit. e. The City of Meridian Planning and Zoning staff shall have final design and architectural approval through design review for any present or future development within the subject development project. f. The following requirements as contained within the report of Daly Standlee & Associates, Inc., dated September 23, 1998, and included herein as a part of the record, shall be strictly adhered to by the applicant, and any and all lessees, sublessees, tenants, contractors, subcontractors, service providers, or other users of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • • project in any way: a. The engines of all trucks should be turned off once the trucks are at a truck dock. b. Trucks shall not be allowed to park in the driveway between the stores and the Crossroads development with their engines running for more than 5 minutes. c. Trucks with a refrigeration unit mounted on the trailer shall not be allowed to park between the stores and the Crossroads development for any amount of time if the refrigeration unit on the trailer is operating. d. The refrigeration unit on refrigerated trailers parked at the dock of Building 1-B (a proposed grocery store) shall be turned off after the trucks are parked and a 20 foot high barrier (or higher if you desire for aesthetic reasons) shall be constructed along side the truck dock if trucks with refrigerated trailers will be parked at the dock with the refrigeration equipment operating. The barrier shall extend 20 feet (or longer if desired for aesthetic reasons) beyond the front of the typical refrigerated trailer that will be parked at the dock. e. The refrigeration unit on refrigerated trailers parked at the truck dock of Building 1-L (the proposed membership warehouse store) shall be turned off after the trucks are parked and an 18 feet high barrier (or higher if desired for aesthetic reasons) shall be constructed along side the truck dock if trucks with refrigerated trailers will be parked at the dock with the refrigeration equipment operating. The barrier shall be constructed to extend 18 feet (or longer if desired for aesthetic reasons) beyond the front of the typical refrigerated trailer that will be parked at the dock. The delivery doors of all stores shall be closed after a delivery is made if fork lifts will be used inside the receiving area after the truck is unloaded. g. All compactors located within 70 feet of a residential property line shall be surrounded on all sides except the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ ~ truck pick-up end by solid walls that extend at least 3 feet above the height of the compactor. The truck pick-up end of the compactor shall not face toward the residential development. h. Garbage service shall be scheduled between 7AM and 4:30 PM: i. Barriers constructed within the project should be solid (>4 pounds per square foot) and airtight. g. The following recommendations contained within the Ada County Highway District report, dated September 25, 1998, and included as part of the record in this proceeding shall be strictly adhered to by the applicant and any and all lessees, sublessees, tenants, contractors, subcontractors, service providers, or other users of the project in any way: a. The applicant shall revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra-site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system shall roughly parallel Fairview Avenue and Eagle Road but shall not be located immediately in front of the stores. Opening of access aisles located 100-feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles shall be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. The internal site circulation proposal submitted by the applicant during the September 24, 1998 public hearing shall be constructed, subject to final approval upon design review by the City of Meridian Planning and Zoning staff, in the manner represented during such hearing. b. In order to reduce trips to and from this development tenants occupying the proposed building shall be required to form an Alternative Transportation Program. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER c. In order to reduce trips to an from this development, the tenants occupying the proposed building(s) shall be encouraged to participate in a Transportation Management Association (TMA) or Transportation`Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. d. The applicant shall comply with requirements of ITD for Eagle Road (State Highway 55) frontage. The applicant shall submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. e. The applicant shall dedicate sufficient additional right-of--way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of--way to the east boundary of the development. The right-of--way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner wilt be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. f. The applicant shall dedicate sufficient right-of--way abutting Eagle Road for the future Eagle Road Interchange. Applicant shall further coordinate the right-of--way requirements with District staff. The right-of--way is generally described as being a minimum of 226-feet wide (113-feet east of centerline) from Fairview Avenue south for 600-feet. The right-of--way needs then taper to 146-feet wide (73-feet from centerline to a point 1,400-feet south of Fairview Avenue. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • • owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. It is understood that ITD will reimburse the District for the cost of this right-of--way acquisition. g. The applicant shall dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Applicant shall further coordinate the right-of--way requirements with District staff. The right-of--way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. The owner will be compensated for all right-of- waydedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. h. The applicant shall dedicate 76-feet of right-of--way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of--way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this right-of--way because Records Drive is a local street. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, the applicant shall construct the needed improvements to create dual left-turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right-turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. Prior to the construction of any portion of the development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER south of Presidential Drive, the applicant shall construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. k. The applicant shall construct afive-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. The applicant shall construct afive-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. m. Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). The applicant will not be compensated for this construction. n. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement will be offset from the road impact fee to be collected for the development. o. The applicant shall construct afive-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300-feet) prior to opening of any development south of Presidential Drive. p. The applicant shall construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • The western driveway on Fairview Avenue (Driveway) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. 2. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 3. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct payment tapers with 15-foot radii. 4. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. q. The applicant shall construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive should be located approximately 2,100 feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ ~ southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of- way for the noted improvements. The applicant shall construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. s. The applicant shall construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACRD or be demonstrated to meet ACRD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. t. The applicant shall construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40-feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. u. The applicant shall construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right-turn lane. Coordinate the roadway design with District staff. v. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER ~ ~ emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left- turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. w. The applicant shall reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new tum lane. Coordinate the roadway design with District staff. x. The applicant shall construct a full access driveway on Presidential Drive as proposed 340-feet east of Eagle Road. The driveway width should be limited to 30-feet. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. y. The applicant shall construct afull-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. z. The applicant shall construct a full access driveway on Presidential Drive as proposed 620-feet east of Eagle Road. The driveway width should be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • aa. The applicant sha{{ reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. bb. The applicant shall construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. cc. Other than the access point{s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. dd. The applicant shall construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. ee. The applicant shall construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. ff. The applicant shall construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. gg. The applicant shall construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. hh. The applicant shall construct aright-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. ii. The applicant shall construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. jj. The applicant shall construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. kk. The applicant shall construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. II. Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. h. Any and all sweeping and loading performed within the premises of the development project shall be performed between 9:00 AM and 2:00 PM with exception for a grocery store which is contemplated to be included within the project. Any sweeping and loading performed for a grocery store within the project shall be accomplished between the hours of 5:00 AM and 2:00 PM. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • • i. Any and all lighting and signage to be included within the development project shall be submitted for final approval upon design review by the City of Meridian Planning and Zoning staff. j. A contact person for the development project to address any and all concerns relating to the project shall be accessible on a 24 hour basis. The current name(s), address and telephone numbers of such contact person(s) shall be maintained by the applicant with the City of Meridian Planning and Zoning staff and a representative of the Crossroads Subdivision Homeowners Association at all times. k. If at some date subsequent hereto, following the construction of the development project, the noise levels extending from the loading docks between the subject development project and the residential subdivision to the east and south of the project, exceed the decibel level indicated within the report from Daly Standlee and Associations, Inc., dated September 23, 1998, and admitted as part of the record herein, noise attenuation measures shall be taken by the applicant to reduce the decibel levels to that set forth in the report. Any noise level testing or readings shall be performed at any location on the property line between the development project and the adjoining residential subdivision. I. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 and made part of the record herein be complied with. m. All comments and conditions set forth by the Meridian City Sewer Department, City Police, Fire District, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District and made part of the record herein must be complied with. 13. The conditions shall be reviewable by the Commission pursuant to Section 11-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 14. The above conditions are concluded to be reasonable and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • shall meet such requirements as a condition of approval of the application for a conditional use permit. 15. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves s these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED ____~ COMMISSIONER SMITH VOTED /1.L , COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED o-tp,~~ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: ¢- 101398-Final v ~ a~3 /9,~ DISAPPROVED: ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 CONDITIONAL USE PERMIT - HERMES ASSOCIATES AND DAKOTA COMPANY, INC. - REGIONAL SHOPPING CENTER Meridian City Council Meeting October 20, 1998 Page 14 ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion of decision and recommendation. Rountree: Mr. Mayor I move that the Meridian City Council approve the conditional use permit for the uses set forth in these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with conditions set forth within the Findings of Fact and Conclusions of Law and any other conditions. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 16: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND FAI RVI EW: Corrie: Mr. Gigray, any comments? Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's office has received a communication from a Mr. Larry Durkin representing the applicant (End of Tape) Gigray:.. problems with any of the terms and conditions of the conditional use other than they have a problem with the words, "per parking rovi!' as appears in condition 12A at the top of page 12 as reference to I believe landscaping areas and parking areas. Other than that we've received no communications with regards to any problems with the proposed conditional use from the applicant. Corrie: Any further discussion? Bentley: 1 have no discussion. Rountree: No comment. Anderson: None. Meridian City Council Meeting October 20, 1998 Page 15 Bird: None. Corrie: Okay, I'll entertain a motion for approval of Findings of Fact and Conclusions of Law. Bentley: Mr. Mayor I move the City Council City of Meridian adopts the Findings of Fact and Conclusions of Law as presented by P & Z with the exception of on page 11, striking the words, "per parking row." Corrie: That's based on the record before you then? Bentley: Yes. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept the Findings of Fact and Conclusions of Law as recommended by the Planning and Zoning Commission with the striking the last three words on page 11, "per parking row" based on the record they've received in front of them. Any further discussion? Bentley: Mr. Mayor I guess I have an older edition. Mine shows page 11. The city counselor shows it on page 12. I'd say it's at the end of paragraph 12, subparagraph A. The copy he's got shows it on 12. Gigray: Mr. Mayor for purposes of clarification the city attorney's office received the action of the Planning and Zoning Commission which had proposed Findings which included hand written those words were hand written and we prepared a final draft with those typed in and so that's why that appears on different pages. But it's the same words and it includes I think the word wide was inserted after in subparagraph D after 20 foot buffer zones and those are included in this draft so they're typed and not in - Bird: Has the developer seen the typed one? Is that what he's agreed to? Gigray: I believe the developer has seen the document. Corrie: So we're talking about item 12A. (Inaudible) Bird: I'll withdraw my second. Let's redo it right. Bentley: Okay, I'll withdraw my motion and restate it. Mr. Mayor the City Council, City of Meridian hereby approves the Findings of Fact and Conclusions of Law as presented • Meridian City Council Meeting October 20, 1998 Page 16 by the Planning and Zoning Commission with the exception to strike in paragraph 12A the last three words, "per parking row" be stricken on page 12. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law as presented by the Planning and Zoning Commission striking item 12A the last three words, per parking row, based on the record they have in front of them. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion of the recommendation and decision. Bentley: Mr. Mayor the City Council of the City of Meridian hereby approves the decision that they approve the conditional use permit for the uses set forth in these Findings of Fact and Conclusions of Law as required by the applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and any other conditions required by the City Council City of Meridian. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the decision and recommendation as read. Any further discussion? Hearing none all those in favor of the motion say aye? MOTION CARRIED: All ayes. Rountree: Mr. Mayor I'd like to take a moment to express my appreciation to the Planning and Zoning Commission for the work they did, the long hours and patience, the same to the citizens. The hours and time they spent with the city in crafting the conditions for this development and to the developer for sitting with us. I appreciate your time and your efforts. Bentley: Mr. Mayor I need to add a point of clarification. The reason that per row was struck is it becomes a site obstruction and it's really kind of a hazard, so we're trying to eliminate the hazard in there. Corrie: Okay, we will go back to item number five.