Loading...
HomeMy WebLinkAboutFindingsr BEFORE THE MERIDIAN CITY COUNCIL FaE tort IN THE MATTER OF THE APPLICATION OF W. H. MOORS COMPANY, FOR A CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX ON 10 ACRES, LOCATED ON THE NORTH SIDE OF MAGIC VIEW DRIVE, 300 FEET WEST OF EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-99-040 01-28-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS This above entitled conditional use permit application having come before the City Council for public hearing on January 18, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and ZoningAdministrator, appeared and testified at the hearing, and appearing and testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing were affected property owners, Church Harl and Howard Foley, and having duly considered the matter and the Planning and Zoning Commission made the following R,~C~~D F E 6 1 1 2000 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 ~~ _~ Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1 • Idaho Code § 67-6512 provides in part that: ~A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and ~B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and ~C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits as provided in Chapter 17 of Title 11 Meridian City Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Limited Office zone (L-O), a public hearing shall be conducted with notice to 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 the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 Section 11-2-416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land in Old Town and in Industrial and Commercial Districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit vas published for t~vo (2) consecutive weeks prior to the said public hearing scheduled for January 18, 2000, 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 hearings 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 City Council at the said January 18, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 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 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision 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 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located on the north side of Magic View Drive, 300 feet west of Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property are W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is W.H. Moore Company. 7. The subject property was zoned Ada County Rural Transitional (RT) and is currently zoned LO. The zoning district of LO is defined within the Meridian City Code § 11-7-2 G. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 8. The proposed application requests a conditional use permit for multiple buildings and ancillary restaurant on one site. The LO zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Code). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 1 1. The requested conditional use is required as a condition of the development agreement at Sections 5. Conditions Governing Development of Subject Property. 12. The requested conditional use is described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU-1, Z:l/21999- jobsl/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 am EST, By: BRS Architects, for proposed development for: W.H. Moore Co., for the development of the aforementioned residential projects. 13. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 14. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property in Case No. AZ-99-022 incorporated herein by reference. 15. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 16. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 17. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 18. The use 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. 19. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 20. The use 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. 21. Sufficient parking for the proposed use of the property will be provided. 22. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant and owner of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 construction, development, maintenance and use of multiple buildings on a single site and ancillary restaurant, as described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU-1, Z:1/21999- jobsl/2100-1491/2991231/2CU-SITE 10-26-99 9:45:29 am EST, By: BRS Architects, for proposed development for: W.H. Moore Co., for the development of the aforementioned projects and which property is described as: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 • North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Worlcs Department. 2.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 • to coordinate main sizing and routing with the Public Worlcs Department. 2.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. All outside lighting will be shrouded to direct illumination down and away from neighboring residential areas. 2.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within two years of approval and construction is not complete within two years from date of the issuance of a building permit. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 2.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. A coordinated sign program complementing building architecture style will be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. The criteria for sign review shall include that all free standing and wall signs the number and size that there include no more than 4 free standing signs with a maximum height of 10 feet, which is in conformity to the limitations on the real property to the south of the subject parcel. The Applicant may seek an amendment to this condition and such shall be considered an amendment to this conditional use permit. 2.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. 2.13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 2.14 No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant within the complex. A separate CUP application with attendant notices and hearings will be required for the restaurant. 2.1 S There is an existing ten-foot-wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 2.16 The parking details on Sheet CU-1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is specifically prohibited in the L-O zone. This shall be corrected to state "Office Parking." FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 2.17 Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). At least one (1) more handicap stall shall be added per building. Parcel B appears to meet the minimum ADA requirements. 2.18 The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual softening break. At least one (1) landscape bump-out with dimensions similar to the other proposed bump-outs (approx. 8' x 20') shall be added to each of these parking rows. 2.19 Bicycle racks shall be added at each of the four (4) office buildings. 2.20 The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. 2.21 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning ComplianceBuilding Permit submission. 2.22 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 2.23 Applicant shall enter a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel B. Adopt the Recommendations of the Meridian Fire Department as follows: 2.24 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 • ,. 2.25 Afire sprinlder system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 2.26 Applicant shall comply with Sewer Department requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 2.27 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.31 The Health Department will require a specific plan review for any restaurant development as part of the conditional use permit process for said future application. Adopt the recommendations of the Ada County Highway District as follows: 2.32 Applicant shall dedicate 64-feet of right-of--way for the extension of St. Luke's Street through the site 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. 2.33 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46-foot street section with curbs, gutters, sidewalk and bike lanes. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 2.34 Driveways on the extension of St. Luke's Street shall be located a minimum of 125-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot wide curb return driveways with 15-foot curb radii and paved a minimum of 30-feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east property line. 2.35 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.36 Applicant shall construct curb, gutter, 5-foot wide concrete side~vallc and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41-foot street section. 2.37 Applicant shall enter into an agreement with the District to constrict or, pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 2.38 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.39 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 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 conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of ~~~~- , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED ~- COUNCILMAN BIRD VOTED C Gt, COUNCILMAN deWEERD VOTED -~~- COUNCILMAN McCANDLESS VOTED__ J~~ r;~• FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 of 18 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 ~ « MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ,~~ ~~ OO MOTION: APPROVED:, ~ - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. r BY~ ~.% Dated City Clerk msg/Z:\Worlc\M\Meridian 15360M\Magic View\CUPFfCIsOrdDec ~~QG' \`\<<,~u a ~rrnr~r~f G a~ggtaoR„q ~,~ tiry ~., ., o ~~~L ~~ ~o~' ~;~L~ ,~vr is~ ~ r ' P ~` ~~~~~ r; FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 of 18 W. H. MOORS (MAGIC VIEW OFFICE COMPLEX) /CUP-99-040 R~C'~~D ~ ~ F E B 1 1 2000 CITY OF MERIDIAN BEFORE THE MERIDIAN CITY COUNCIL O 1-27-00 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-99-040 W. H. MOORE COMPANY, FORA ) CONDITIONAL USE PERMIT TO PROVIDE ) MULTIPLE BUILDINGS ON A SINGLE SITE ) AND ANCILLARY RESTAURANT FOR MAGIC) ORDER OF VIEW OFFICE COMPLEX ON 10 ACRES, ) CONDITIONAL LOCATED ON THE NORTH SIDE OF MAGIC ) APPROVAL OF VIEW DRIVE, 300 FEET WEST OF EAGLE ) CONDITIONAL USE ROAD, MERIDIAN, IDAHO ) PERMIT This matter coming before the City Council on the 15`h day of February, 2000, under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant and owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for multiple buildings on a single site and ancillary restaurant, as described in the SITE DEVELOPMENT PLAN, Date: 4SEP99, Job No. 99123, Drawn: BRS, Sheet CU-1, Z:1/21999-jobsl/2100- 1491/2991231/2CU-SITE 10-26-99 9:45 am EST, By: BRS Architects, for the development of the aforementioned projects and which property is described as follows: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 2. That the above named applicant is granted a conditional use permit for multiple buildings on a single site and ancillary restaurant, located on the north side of Magic ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 View Drive west of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 2.3 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Worlcs Department. 2.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Worlcs Department. 2.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 2.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 r ! Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 2.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. All outside lighting will be shrouded to .direct illumination down and away from neighboring residential areas. 2.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if ~vorlc does not commence within two years of approval and construction is not complete within two years from date of the issuance of a building permit. The conditional use permit should be made transferable from one owner to a ne~v owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. A coordinated sign program complementing building architecture style will be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. The criteria for sign review shall include that all free standing and wall signs the number and size that there include no more than 4 free standing signs with a maximum height of 10 feet, which is in conformity to the limitations on the real property to the south of the subject parcel. The Applicant may seek an amendment to this condition and such shall be considered an amendment to this conditional use permit. 2.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 2.13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 2.14 No details of hours of operation are provided. While the office uses hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant within the complex. A separate CUP application with attendant notices and hearings will be required for the restaurant. 2.15 There is an existing ten-foot-wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 2.16 The parking details on Sheet CU-1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1:400). Retail use is specifically prohibited in the L-O zone. This shall be corrected to state "OFfice Parking. " 2.17 Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Only six are shown (three per building). At least one (1) more handicap stall shall be added per building. Parcel B appears to meet the minimum ADA requirements. 2.18 The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual softening break. At least one (1) landscape bump-out with dimensions similar to the other proposed bump-outs (approx. 8' x 20') shall be added to each of these parking rows. 2.19 Bicycle racks shall be added at each of the four (4) office buildings. 2.20 The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 5 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 2.21 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning Compliance/Building Permit submission. 2.22 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 2.23 Applicant shall enter a License Agreement with Ada County Highway District to construct, and perpetual maintain, a 30-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Parcel B. Adopt the Recommendations of the Meridian Fire Department as follows: 2.24 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.25 Afire sprinkler system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 2.26 Applicant shall comply with Sewer Department requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 2.27 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 6 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.31 The Health Department will require a specific plan review for any restaurant development as part of the conditional use permit process for said future application. Adopt the recommendations of the Ada County Highway District as follows: 2.32 Applicant shall dedicate 64-feet of right-of-way for the extension of St. Luke's Street through the site 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. 2.33 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46-foot street section with curbs, gutters, sidewalk and bike lanes. 2.34 Driveways on the extension of St. Luke's Street shall be located a minimum of 125-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot wide curb return driveways with 15-foot curb radii and paved a minimum of 30-feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east property line. 2.35 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 2.36 Applicant shall construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41-foot street section. 2.37 Applicant shall enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 7 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 • Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 2.38 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.39 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~~ da of Y _~~~~ti.t~ti , 2000. t o rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By. ~ +-~ Dated ity Clerlc ~~<<~~~~u~~w,~~ .~``~~ OF ~F ~~''% -~ a Q ~,, L ;;~ ~ C, `OP ~~.` ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 8 OF 4=~i~~~~~'-~~~,,~~~~``~~ W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 ~ ~ msg/Z:\Work\M\Meridian 15360M\Magic View\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 9 OF 9 W. H. MOORE (MAGIC VIEW OFFICE COMPLEX) 10 ACRES /CUP-99-040 MERIDIAN PLANNING & ZONING MEETING: D~rrtber 1999 APPLICANT: W.H. MOORS COMPANY ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND AN ANCILLARY RESTAURANT IN LO ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: COMMENTS SEE STAFF COMMENTS SEE COMMENTS SEE COMMENTS ` ~~ SEE COMMENTS ;~, G" V~' ~- 1~ SEE COMMENTS OTHER: January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY 18.2000 APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: REQUEST: CONDITIONAL USE PERMR TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SRE AND AN ANCILLARY RESTAURANT IN L-O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: COMMENTS SEE ATTACHED FROM SEWER DEPT AND SANITARY SERVICE SEE ATTACHED RECOMMENDATIONS REVIEWED SEE ATTACHED "NO REMARKS" SEE ATTACHED SEE ATTACHED ~ ~~ .~ ~~Q U"'__ ~~ ~~, OTHER: SEE LETTER FROM HOWARD FOLEY AS A RESIDENT OF GREENHILLS ESTATES All Malerinls presented at public meetings shall become properly of the Cify of Meridian. ~;,+.~ R.ra.~,j 5~ ~ ~e ~~~ , B 3~~ o ~~ ~ (~ b ~.. - ~ January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1 000 - APPLICANT: W.H. MOORE COMPANY AGENDA ITEM NUMBER: K REQUEST: CONDIiIONAI USE PERMR ON A SINGLE SRE AND AN ANCILLARY RESTAURANT IN AN L-O ZONE FOR PROPOSED MAGIC VIEW OFFICE COMPLEX AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: Materials presented at public meetings shall become property of the City of Meridian. y ~ interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm F. Nichols Subject: W.H. MOORS COMPANY File No.: CUP-99-040 Date: February 10, 2000 Will: R,~CE~D F E 6 1 i 2000 CITY OF MERIDIAN Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their January 18, 2000, meeting. The Findings will be on the Council's agenda for their February 15, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve conformed copies of both documents upon the Application, Planning and Zoning Department, Public Worlcs, and the City Attorney, and any other person requesting said Findings. If you have any questions please advise. msg/Z:\Worlc\M\Meridian 15360MWlagic View\C1kLtrCUPffcls W.H. NIOORE C O M P A N Y ~~~~~ Z -~S-OD Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 801SE, IDAHO 83707-2204 TELEPHONE (208) 323.1919 /FAX 323.7523 ~c~~D Date: February 15, 2000 To: Mayor and Meridian City Council City of Meridian 33 E. Idaho Meridian, Idaho 83642 From: Jonathan R: Seel Subject: Magic View Project Case No. AZ-99-022 Case No. CUP-99-040 CITY OF MERIDIAN We have reviewed the Findings and Recommendations for the referenced cases and ask for the following modifications or corrections: In a January 18`f' memo, Staff recommended replacing their requirement to submit a plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific Condition #1 that allows for dedication by way of a final plat or a warranty deed, prior to building permit. City Council approved staff s recommendation. The option to either dedicate the street through a deed or plat is noted in the Findings for the CUP, but the Annexations and Rezone Findings require a final plat with no option for a warranty deed. We ask that the deed option be inserted in the Findings for Annexation and Rezone. • The Findings note the requirement to construct a 20-foot buffer on Parcel A. This lot should be referenced by the legal description, which is Lot #3 in the Amended Magic View Subdivision. The Findings note the requirement to enter into a license agreement with ACRD for Parcel B. This lot should be referenced by the legal description, which is Lot #2 in the Amended Magic View Subdivision. Mayor and Meridi Council Magic View Project _ Page 2 In the Findings for Annexation and Rezone, page 14, it states the applicant wants to annex and rezone 20.05 acres. This should be approximately 10 acres. The City Council originally sided with the Planning and Zoning's decision to remove the requirement for a development agreement. However, the City Attorney strongly recommended that due to legal concerns, some form of a development agreement should be required. The City Council did approve a development agreement with the clarification that such agreement "be a very loose -very general L-O Development Agreement and anything outside of light office will come for a CUP" (Councilmember Bird's motion as contained in the January 18~' minutes). The Findings do not contain this clarification and we believe this is an important point. We argued against this agreement because of the restrictive nature of past development agreements and we believe the Council shared our concerns. Hence the Council"s motion. Article 2.33 of the Findings for the CUP require the Applicant to extend St. Luke's Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with the District to construct St Luke's Street. These two Articles seem in conflict. Although we do not have a binding responsibility to construct the road, we are in the process of preparing an agreement with the District for St. Luke's Road. Specifically, this agreement will address the guidelines under which the WH Moore Company would construct the road and at what time we would pay the extraordinary impact fees. With the following in mind we ask that Article 2.33 be deleted as well as the last two sentences in Article 2.37, beginning with "The proportionate share.....". Thank you for your consideration regarding this matter. cc: Winston H. Moore Billy Ray Strite, BRS Architects Bradley Hawkins-Clark, Assistant Planner -City of Meridian W.H. MOORS ~ i C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P.0.90X 8204 BOISE, IDAHO 83707.2204 Date: February 15, 2000 To: Mayor and Meridian City Council City of Meridian 33 E. Idaho Meridian, Idaho 83642 From: Jonathan R. Seel Subject: Magic View Project Case No. AZ-99-022 Case No. CUP-99-040 TELEPHONE (208) 323.1919! FAX 323.7523 We have reviewed the Findings and Recommendations for the referenced cases and ask for the following modifications or corrections: In a January 18~' memo, Staff recommended replacing their requirement to submit a plat for the new road dedication (St. Luke's Road) with ACHD's Site Specific Condition # 1 that allows for dedication by way of a final plat or a warranty deed, prior to building permit. City Council approved staff s recommendation. The option to either dedicate the street through a deed or plat is noted in the Findings for the CUP, but the Annexations and Rezone Findings require a final plat with no option for a warranty deed. We ask that the deed option be inserted in the Findings for Annexation and Rezone. The Findings note the requirement to construct a 20-foot buffer on Parcel A. This lot should be referenced by the legal description, which is Lot #3 in the Amended Magic View Subdivision. The Findings note the requirement to enter into a license agreement with ACHD for Pazcel B. This lot should be referenced by the legal description, which is Lot #2 in the Amended Magic View Subdivision. Mayor and vleridi ty Council Magic View Proje Page 2 In the Findings for Annexation and Rezone, page 14, it states the applicant wants to annex and rezone 20.05 acres. This should be approximately 10 acres. The City Council originally sided with the Planning and Zoning's decision to remove the requirement for a development agreement. However, the City Attorney strongly recommended that due to legal concerns, some form of a development agreement should be required.. The City Council did approve a development agreement with the clarification that such agreement "be a very loose -very general L-O Development Agreement and anything outside of light offzce will come for a CUP" (Councilmember Bird's motion as contained in the January 18`" minutes). The Findings do not contain this clarification and we believe this is an important point. We argued against this agreement because of the restrictive nature of past development agreements and we believe the Council shared our concerns. Hence the Council's motion. Article 2.33 of the Findings for the CUP require the Applicant to extend St. Luke's Street, whereas in Article 2.37 it states the Applicant shall enter into an agreement with the District to construct St Luke's Street. These two Articles seem in conflict. Although we do not have a binding responsibility to construct the road, we are in the process of preparing an agreement with the District for St. Luke's Road. Specifically, this agreement will address the guidelines under which the WH Moore Company would construct the road and at what time we would pay the extraordinary impact fees. With the following in mind we ask that Article 2.33 be deleted as well as the last two sentences in Article 2.37, beginning with "The proportionate share.....". Thank you for your consideration regarding this matter. cc: Winston H. Moore Billy Ray Strite, BRS Architects Bradley Hawkins-Clark, Assistant Planner -City of Meridian _ l,LDg.LiH72IV/ Nv1mm+ ala Im. awu fl i~i ~ ~ ~®~ ~1c~i 1~II~I 7HCf~ ~ ~ a ~ ~~~ • ~ ~ ~ Y ~~ ~ ~ W ~~ f L w ~w 0 t~yR e ~ ~ ~ 5 ~ ~an ~ ~~ ~ <o i~~ ~ a a ~s~3~~ ~ sa ~< s~ ~ ~9 7 1Kyp- S J W ~ ~ W ~~~~~~~ ~ ~~~~ ~~ JII~_~1' ~ ty^p[p~f ~ p~ ~ ~g 3~ $ ~yI I ~ ` ~ ~ ~ W ~ Zj 2 W ~1t~ III IIII i C li ~' ~ n Ti w w F~~ F III IIII I F III IIII w III 1111 111 1111 III 1111 F III IIII ~ III IIII 111 IIII m 111 IIII I -~ III 1111 111 IIII 111 1111 J u1 IPI I~J~f ~ _ ~I£'6L4 _ ~ Q ~ g I ~~ ~ 1n1, I ~ IIII , I 1 ~~ 0 ~ ~ • IIII iii 1 3 1 III °' _ s~~S B ' I w ~ m ~ Q$ f~ ~) r~r 1~I 6l~~ ~ I W ~ ~L [ a i III 1 ~ R , I , F~ d ~( III 1 ~~rr ~7 ~ Z ~rHAr • wi 3 (J Q I YYY FC! C ~~~ EE ~ M 111 I' IL • L 111 ~IIIW O ~~ ~ ®' m ~rr(f6i~e r4=ddYE wm U~~ 1 ~Im , III ~ I iii ~ m ~ I III 1 I III ~ I' I i F ~'---------------- ~ ~ I ~ H I 133lJ1B N3~~'d ~ - - 1 .-r, 1 I I 1 I 1 ~Ir~l I~ 1 1 ' 1 7~ ~ ~ 1 o- ~~ m I o>I~ ' $_ ' 1 • ~ Q ~h~ I ~ b ~~ ~ ~ Ip . ~ 1 3 ' 1 r.. I 1 I 1 IN 1 1 1 g~' I 1 1 1 1 1 ~. I _ ~~ I ~ • o- I ~ ®4 __ _ , ~l6'L.£PO~ 1 +'Y ..~ ~~A COUNTY RECOR~JER . JAr IO !t~.VARRO Z~~ ~~ 3 0 P ~9 1~ 2~ RECO EO-fiE1JEST OF FEE pEPUTY ~, Cogs 1 t~0023732 ~WERIDIAN C!T`~ CITY OF MERIDIAN FILE C 0 P Y ORDINANCE NO. C~ b ~ AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY. OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 1 W.!-~,1~aor~-- VYta~i~ ~~ew C~c~ p1~v~Prex ~Z • • North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 2 • s Meridian and the owner of the land described in Section 1 dated the Z ~ day of ~GI~C G~ , 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinarice and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §SO-223. ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 3 • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ ~~day of ~'l~/t.G~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~l /day of ~ ~2G11. , 2000. Y R ATTE CITY CLERK STATE OF IDAHO,) County of Ada. `~`~ G~ \~~gPOt~ ~~ ~~'0a,r ter:. = S~.~L 9 9GCG ~~a`~ `= t ,,`111{{il tlttillt\~~ SS On this ~ day of m~L~ , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written . ee~~~~~r~•• 8_ U • ~~---' ---G •e e.y,~ p T.~ ~, e i'~iY% ~ ~.~~ i e'~' `, o ~S~-) :v'~ ~ Sao NO PUBLIC FOR IDAHO m ® RESI NG AT: UL, (~ '® ' G ~ ;q =~' ~~. •;~OF II3 ee MY COMMISSION EXPIRES:. 2-IpOC~ •~a~ere msg\Z:\Work\M\Meridian 15360M1Magic ViewWZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ-99-022)- 4 a CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~'6~ passed by the City Council of the City of Meridian, on the 2( s~ day of f')A~-Ulm. 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. /~ WILLIAM G. BERG, JR. STATE OF IDAHO, County of Ada, SS. \\`~~~~~~PUUrrrri, ~~~ g r; ,~, ~.'; ~~ - ' 9 9~GS ~~o~ ~ ``= On this ~~ day of ~0~/~fi~'~ , in the year 2000, before me, ~- Y , a Notary Public, appeared WILLIAM G. ERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~e°~^°~ • ~S~-) ;`n'~ ~ ~;N~ Notary is for Idaho ', %a° Commission Expires: ~~2~~~ ° d ~~~IC •.~ OF IDp;~:0 msg\Z:\Worlc\M\Meridian 15360Nn~ian Forms\CertificationOfClerlcOrd,frm CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN . . r NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on January 18, 1999, for the purpose of reviewing and considering the application of W.H. Moore Company for annexation and zoning of 10 acres from RT to LO for proposed Magic View Office Complex which is generally located at Eagle Road and Magic View. Furthermore, the applicant requests a conditional use permit to provide multiple buildings on a single site plus an ancillary restaurant. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23rd day of December. ~( Zp WILLIAM G. BERG, JR., I CLERK ~,~, .s ,~ ~ ~~. PUBLISH D //~ ~ ~ iuary 14, 2000. ~ ~ s,, i ~_ BBAL ~ 4~ '`~ ~; ~ ~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO PROVIDE MULTIPLE BUILDINGS ON A SINGLE SITE AND ANCILLARY RESTAURANT FOR MAGIC VIEW OFFICE COMPLEX Case No. CUP-99-040 RECOMMENDATION TO CITY COUNCIL W.H. MOORE COMPANY, Applicant INTRODUCTION REcE~D JAN 1 2 ?_000 CITY OF MERIDIAN 1. The property is located on the north side of Magic View Drive, 300 feet west of Eagle Road, Meridian, Idaho. 2. The owner of record of the subject property are W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 3. Applicant is W.H. Moore Company. 4. The subject property is currently zoned Ada County Rural Transitional (RT) and there is a current annexation and zoning application under consideration to change the zoning to LO. The zoning district of LO is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(7). 5. The proposed application requests a conditional use permit for multiple RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W,H. MOORE COMPANY ~ r buildings and ancillary restaurant on one site. The LO zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11.2-409). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of Howard R. Foley, Meridian, Idaho, dated December 14, 1999. 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 as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.1 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY r ~ design of site drainage plan. 1.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. I.3 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements far the proposed site. 1.4 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Worlcs Department. 1.5 Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 1.6 Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. I.7 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 1.8. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT --- MAGIC VIEW OFFICE COMPLEX ~--~ W.H. MOORS COMPANY s ~ the water and sewer mains to their current points. 1.9 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 1.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within two years of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 1.11 Four monument signs (two per lot) are shown on the Site Plan. The signs must be located outside the 12' x 40' clear vision triangle for private drives and public roads. Staff strongly encourage a coordinated sign program complementing building architecture style be submitted for all freestanding and wall signs in the entire complex and approved as part of this application. All signage is subject to design review and separate application. 1.12 Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Applicant shall provide a letter of approval from Sanitary Service Company prior to applying for building permits. 1.13 Applicant shall provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 1.14 No details of hours of operation are provided. While the office uses/hours should be harmonious with the residential homes to the north, the application also requests approval for an ancillary restaurant RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX - W.H. MOORE COMPANY ~ ~ within the complex. A separate CUP application is required for the restaurant. 1.15 The building elevations provided do not correspond with the building envelopes labeled on Sheet CU- 1. Applicant should provide more specific details on which buildings are single-story and which are two- story. 1.16 There is an existing ten-foot-wide public utilities, irrigation and drainage easement along the side and rear lot lines of Lots 2 and 3. Applicant should clarify his intent with regard to maintaining or vacating these easements. 1.17 The parking details on Sheet CU-1 state "Retail Parking Provided," but the square footage calculation is correct for office use (1;400). Retail use is specifically prohibited in the L-O zone. This should be corrected to state "Office Parking." 1.1$ Parcel A shows a total of 275 parking stalls. ADA requires a minimum of seven handicap accessible for this number of parking stalls. Qnly six are shown (three per building). Staff recommends adding at least one (1) more handicap stall per building. Parcel B appears to meet the minimum ADA requirements. 1.19 The parking rows against the east boundary of Parcel A (adjacent to Allen Street) show twenty-six (26) stalls south of the driveway and twenty (20) stalls north of the driveway. These are large expanses of asphalt without any visual softening break, Staff recommends at Least one (1) landscape bump-out with dimensions similar to the other proposed bump-outs (approx. $' x 20') be added to each of these parking rows. 1.20 Staff encourages the inclusion of bicycle racks at each. of the four (4) office buildings. 1.21 The street trees proposed along all three public roads on the Site Plan should be planted outside any easement containing an underground water line, sewer line, or other utility. kECOMMENDATION TO CITY COUNCIL - S CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.I-f. MOORE COMPANY ~ • 1.22 The Site Plan shows the required number of trees to meet the ordinance. However, no species are listed. Applicant must submit a detailed landscape plan, including berm height, species, groundcovers, shrubs and irrigation details with the Certificate of Zoning Compliance/Building Permit submission. 1.23 If a landscape berm is proposed for the northwest corner of Parcel B (adjacent to St. Luke's Street), Staff requests the berm height be restricted to a maximum of three feet from street grade (not sidewalk grade) to allow for clear vision. 1.24 A four foot berm is required for the boundaries adjacent to the Greenhill Estates lots. Adopt the Recommendations of the Meridian Fire Department as follows: 1.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.26 Afire sprinkler system shall be installed. Adopt the Recommendations of the Sewer Department as follows: 1.27 Applicant shall comply with Sewer Department ~requirements for water pressure for sewage disposal for the proposed restaurant development. Adopt the Recommendations of the Central District Health Department as follows: 1.28 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.29 Run-off is not to create a mosquito breeding problem. 1.30 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -MAGIC VIEW OFFICE COMPLEX -- W.H. MOORE COMPANY r ~ 1.31 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.32 The Health department will require a specific plan review for any restaurant development. Adopt the recommendations of the Ada County Highway District as follows: 1.33 Applicant shall dedicate 64-feet of right-of-way for tl~e extension of St. Luke's Street through the site 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. 1.34 Applicant shall extend St. Luke's Street through the site from the eastern property line to Magic View Drive to the south in alignment with Allen Street. The roadway shall be extended as a 46-foot street section with curbs, gutters, sidewalk and bike lanes. 1.35 Driveways on the extension of St. Luke's Street shall be located a minimum of 125-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot wide curb return driveways with 15-foot curb radii and paved a minimum of 30-feet beyond the edge of pavement of St. Luke's Street. Note: This will require the applicant to relocate the proposed driveway on the south side of St. Luke's Street at the east propertv line. 1.36 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 1.37 Applicant shall construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Magic View Subdivision abutting the parcel. Improvements should be constructed to one-half of a 41-foot street section. 1.38 Applicant shall enter into an agreement with the District to construct or, pay the proportionate share of the cost of constructing a new road from RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX -- W.H. MOORS COMPANY • • Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $92,858, based upon the estimated 2,150 daily vehicle trips. If the developer agrees to construct the road, he will be reimbursed for the full cost of the roadway from extraordinary impact fees that have been collected and by offsetting against the extraordinary impact fees for this parcel. 1.39 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 1.40 Other than the access points specifically approved with this application, direct lot or parcel access to St. Luke's Street is prohibited. ey/Z:\Work\M\Meridian 15360M\Magic View\CUPRec.wpd RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT -- MAGIC VIEW OFFICE COMPLEX --- W.H. MOORE COMPANY