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HomeMy WebLinkAboutFindingsBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ) PRELIMINARY AND FINAL ) PLATS FOR SCOTTSDALE ) SUBDIVISION LOCATED ) SOUTH OF FRANIQ,IN RD SL ) WEST OF SOUTH WEST 7th ) AVENUE, MERIDIAN, IDAHO ) BY: BRIGGS ENGINEERING) STEVE ARNOLD ) CASE NO. TE-00-004 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN This matter coming on regularly before the City Council on the 20`h day of June, 2000, upon the Applicant's time application for a one (1) year extension within which to submit the Preliminary and Final Development Plan as provided in Meridian City Code § 12-3-6 B, and good cause appearing: IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time from June 2, 2000 within which to submit the Preliminary and Final Development Plan for the' above entitled subdivision application. ORDER GRANTING A ONE (1) YEAR TIME -PAGE 1 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS SCOTTSDALE SUBDIVISION - TE-00-004 By action of the City Council at its regular meeting on the ~~~ day of ~~~ , 2000. DATED this Zp~ day of ~~_ , 2000. or Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: ~. Dated: ity Clerk msg/Z:\Work\NI\Nleridian 15360M\Scottsdale F.F\OrderGrantOneYrTimeExt ~~d~d~ ``(`'~``~~~1C1U~r+rrrrrrff ORDER GRANTING A ONE (1) YEAR TIME -PAGE 2 OF 2 EXTENSION FOR FILING THE PRELIMINARY ~~AI~ ~ ~~ :; ~ 1 ~ y,'q~ rST fig'[ . ~~~ P `,~'~~+r~ a r~Y~ ~ ~ ~ ~ ``~t~ AND FINAL DEVELOPMENT PLANS SCOTTSDALE SUBDIVISION - TE-00-004 • • July 28, 2000 AZ 99-014 MERIDIAN CITY COUNCIL MEETING July 5, 2000 APPLICANT Sonntag Eye Associates ITEM NO 3 REQUEST Ordinance - AZ of 4.34 acres (RT to C-G) for Sonntag Eye Associates -Lot 15 of Magic View Subdivision 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Ordinance d S~`~ ~~wP~gJ~ OTHER: Contacted: ~1~,(,l~ ~ ~ ~r- 5- d~^~ Date: ~~ ~jU Phone: Materials presented at public meetings ahail become property of the City of Meridian. ~ ~ MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: SpNNTAG EYE ASSOCIATES OR ASSIGNS ITEM NUMBER: REQUEST: ANNEXATION & ZONING OF 434 ACRES FROM R-T TO C-G AGENCY CITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS COMMENTS COMING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~, ~~~~ ~I " ~r~ OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ~D ~~ • • Mayor, Council and P&Z August 30, 1999 Page 3 CONDITIONAL USE GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standazds set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 ofthe City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential azeas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepazed by a soil scientist with the design of site drainage plan. 7. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1, The developer of the Holiday Inn Express on the east side of the subject site, has installed sewer and water mains in Allen Street as part of his project. These mains have not received final inspection, nor have they been approved by the Public Works Department for ownership and maintenance. It is uncleaz when or whether these mains will be accepted by the City. This is very important to the serviceability of this project. 2. Water service to the proposed site could be to the existing water line mentioned above. 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. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive resuhs from a hydraulic analysis by our computer AI IenstC areCtr.AZ. C tJP. doc • • Mayor, Council and P&Z August 30, 1999 Page 4 model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Applicants architect has indicated on the site plans that the sanitary sewer service shall be accommodated via a pressure line. Further design investigation needs to be performed to determine the serviceability of the site via gravity sewer mains. 4. 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. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant 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. 6. The southwest drive entrance width offFreeway Drive is currently shown as twenty feet (20'). City ordinance requires minimum of twenty-five foot (25') drive aisles. Plan must be modified. 7. Applicant is proposing a six (6) foot landscape strip adjacent to Freeway Drive. I-84 is identified as an entryway corridor in the Comprehensive Plan, which requires athirty-five foot (35') landscape strip beyond the required right-of--way. While this parcel does not have direct frontage on I-84, it is highly visible from the Eagle Road off-ramp and I-84 west-bound traffic and functions as an entryway for Meridian. Staffrecommend the applicant approach ITD to investigate the potential for a license agreement to landscape within the I-84 right-of--way between Freeway Drive and the north I-84 boundary to meet the 35-foot buffer requirement. 8. Applicant is proposing a four (4) foot landscape strip adjacent to Allen Street. As the primary entrance to the facility, staff consider this width to be inadequate. Midvalley Business Park/Hubble Engineering is immediately adjacent to the north and is providing a tapered landscape strip -ranging from 8 feet on the north to 16-feet on the south immediately abutting Sontag's property. Staffrecommend a minimum ten-foot (10') landscape strip along the Allen Street frontage. 9. The north boundary line of subject property and the south boundary of Midvalley Business Park are common. Midvalley's approved landscape plan provides a tapered landscape buffer AllenStCareCtr.AZ.CUP.doc • • Mayor, Council and P&Z August 30, 1999 Page 5 along the south boundary -from 20-feet on the east to 10-feet on the west. The proposed 10- foot landscape strip on Sontag's north boundary would N,oh-f~~ ~"~' ~urF~~-~- to ~t prc t'h2_ no~t`~- 10. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. All trash areas are to be enclosed by a screening fence on three (3) sides. 11. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. A total of six (6) handicap-accessible stalls aze required and six (6) aze shown. However, given the medical office use and anticipated clientele, staff encourage the addition of at least three (3) handicap parking stalls. 12. No signage has been proposed and none is approved with this application. All signage will be subject to design review and requires separate permits. 13. Six-foot-high, permanent perimeter fencing shall be provided adjacent to the existing residential and agricultural use along the west boundary line. 14. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 15. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- , domestic purposes such as landscape irrigation. A1lenstCareCtr.AZ.CUP.doc ** TX STATUS REPORT ** AS OF RUG 30 '99 16 05 PAGE.01 PUBLIC WORKS DATE TIME TOiFROM MODE MINiSEC PGS CMD# 26 08130 16 02 208 461 2304 G3--S 02'16" 006 243 ------------------------------------------------------------------------ ROBERT D. CORRIE CITY OF MERIDIAN May°r PUBLIC WORKS /BUILDING DEPARTMENT GARY D. SMITH, P.E Public Works Direc[or FACSIMILE COVER SHEET Date: o -~ ~ Time: : na ~';, ~'~_T ~r ~~ Grity of l~Teric?i~n, City Clerk Office Please deliver to: ~ Q-}.-~- ~~ Company /Department: o~ ~.,. ~,,,~ ~; ~,« Fda No•: ~(~ ~ - Z~ o ~t Phone No.: Total Number of Pages, Including This Cover Sheet: ~ From: _l~ ,-~, ~~ Fax No.: ~~ 7 -l2~'] Phone No.: $ 7 - ZZ ~ ~ Comments: STATUS OK COUNCIL. MFMB~RC CHARLES M. ROUNTREE. GLENN R. BENTLEY RON ANDERSON KEITH BIRD 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 - Fax (20S) 687.1297 BEFORE THE PLANNING AND ZONING COMMISSION In the Matter of the REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES for PROPOSED ALLEN STREET CARE CENTER Case No. AZ-99-014 RECOMMENDATION TO CITY COUNCIL By SONNTAG EYE ASSOCIATES INTRODUCTION 1. The property is approximately 4.34 acres in size. The property is located at Lot 15 of Magic View Subdivision. The property is designated as Allen Street Care Center. 2. The owner of record of the subject property are Marlc and Geri Bottles, of 5287 Fairview, Boise, and Burke Jones of 5311 Glenwood, Garden City, Idaho. 3. Applicant is Sonntag Eye Associates or Assigns, of 520 S. Eagle Rd., Suite 3104, Meridian, Idaho. 4. The property is presently zoned by Ada County as Ada County Rural Transitional (R-T), and consists of a rural single family residence. 5. The Applicant requested the property be zoned as General Retail and RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS ~ ~ Service Commercial (C-G). 6. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street north of the I-84 westbound on-ramp. 7. The subject property is bordered to the north by the recently approved Midvalley Business Park, to the west by Ada County Rural Transitional, to the south by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a 60,000 sq.ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 11. The Applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent with the Meridian RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further this proposal is consistent with the Meridian Comprehensive Plan as follows: Land Use 4.3U - Encourage new commercial development within under- utilized existing commercial areas. 4.8U - Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5.6 - The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 - Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. 5.11 - The character, site improvements, and type of development should be harmonized with previously-developed land in the area. 5.14U - Because these areas are near 1-84... high-quality visual appearance is essential. 5.15U- The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and EnerQV Resources: 3.1- Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ... encourage medical professionals to locate their practice within the City of Meridian... Community Desi 1.4 - Major entrances to the City should be enhanced and emphasized. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS ~ ~ 1.6 - The addition of landscaping within existing commercial parking lots should be encouraged. 4.4U - Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Applicant shall be required to dedicate all right-of--way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS ~J 1.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. Z:\Work\~VI\Meridian 15360M\Allen Street Care Ctr\AnnexRez.Rec RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 MEMORANDUM: August 30, 1999 To: Mayor, City Council and Planning & Zoning ,~~rT'JT~~ From: Bruce Freckleton, Assistant to City Engineer AUG 3 1 1999 . Brad Hawkins-Clark, Assistant Planner ~~ w i t ~% cl f D~ e r i ct i a n pity (`,lerk Office Re: ALLEN STREET CARE CENTER by SONNTAG EYE ASSOCIATES - Annexation & Zoning of 4.34 Acres from R-T to C-G (Lot 15 of Magic View Sub.) - Conditional Use Permit for 60,000 s.f. Medical Office Building and Outpatient Surgery Facility We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission 's consideration during the hearing process. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5.6 -The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 -Development in these areas should be based on functional plans...compatible with the surrounding neighborhoods. 5.11 -The character, site improvements, and type of development should be harmonized with previously-developed land in the area.. . 5.14U -Because these areas are near I-84...high-quality visual appearance is essential. S.15U -The mixed-use area in the vicinity of I-84 interchange is a priority development area. AllenStCareCtr.AZ.CUP.doc • • Mayor, Council and P&Z August 30, 1999 Page 2 Public Services. Utilities and Energy Resources Chapter 3.1-Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ...encourage medical professionals to locate their practice within the City of Meridian.. . Community Design Chapter 1.4 -Major entrances to the City should be enhanced and emphasized. 1.6 -The addition of landscaping within existing commercial pazking lots should be encouraged. 4.4U -Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. ANNEXATION & ZONING GENERAL COMMENTS: 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and south of the recently approved Midvalley Business Park (Hubble Engineering). The legal description for annexation (revised copy submitted August 5, 1999 by PLS, doesn't appeaz to place the subject site contiguous to the Corporate City Limits of Meridian (Ordinance 661 & 665). Please submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. SITE SPECIFIC COMMENTS: 1. Applicant shall be required to dedicate all right-of--way along Allen Street and Freeway Drive as required by ACRD prior to any building permits being issued for this property. 2. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. AllenstCareCtr.AZ.CUP.doc • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1888 APPLICANT: SONNTAG EYE ASSOCIATES AGENDA ITEM NUMBER: 17 REQUEST ANNEXATION 8~ ZONING OE 434 ACRES 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS S~ i4r>rgct~ ~nnCtJTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS p ~~I .n„ ro~~''~~ o~~., BUREAU OF RECLAMATION: OTHER: of the Ci of Meridian. All Matetia~ presented at public meetings shall become property tY Facts and Findings: A. General Information Owner - iV[ark Bottles Applicant - Sonnta~ Eye Associates RT -Existing zoning CG -Requested zoning ~. ,4 -Acres 28, -Traffic Analysis Zone (TAZ) Nest Ada -Impact lree Benefit Zone: Western Cities - [mpact Fee Assessment District Allen Street/Freeway tr r Local commercial street with no patl~~vay designation No traffic count available 640-feet of frontage ~0-feet existing right-of--way (25-feet from centerline) ~8-feet required right-of--way (29-feet from centerline) Allen Street and Freeway Street are improved with 23-feet of pavement with no curbs, gutters or sidewalks. Eagle Road Principal arterial Traffic count 31,97 on 1 I-6-96 0-feet of frontage Eagle Road is improved with 5 traffic lanes with no curb, `utter or sidewalk. B. On January 27, 1999 the Commission reviewed and approved MCU14-98/iVIA-03-98, an application requesting conditional use approval to constrict a 60-unit motel. The 1.66-acre site is located at the southwest comer of Gentry Way and Allen Street. C. Ma;ic View Subdivision, of which this site is a part, is partially developed as a ~-acre sin;le family subdivision. Meridian's Comprehensive Plan desi;nates a large area within Nla~ic View Subdivision, which includes this site, for commercial and mixed planned use land uses. This designation will allow a ran,e of land uses that will venerate traffic at a much hi;;-Jher rate than the existing development. y y D. The Destination 201 Re,ional Transportation Plan identified Eagle Road as a limited access facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic si,nals (with adequate spacing between successive signals), turn channelization and restrictions at unsignalized intersections and raised medians between channelized turns. Grade- separated interchanges should be anticipated at arterial/arterial intersections. ~ICL°P99'-t.C~f~I Passe 2 ~ ~ E. On December 30, 1998, the ACRD Commission acted on MCU-43-97 and as part of that action, found that an extraordinary impact existed because of the potential of large volumes of trips that would be Generated by the redevelopment of Magic View Subdivision and required the construction and dedication of a new road into the Magic View Subdivision from Eagle Road opposite the driveway/private street into St. Luke's medical center. Darin, consideration of MCU-43-97, the Commission reviewed several options for assuring, adequate and sate access from Eagle Road into this rapidly rede~~eloping area. The selected option included the constnuction of the new road across the property that was the subject of iVICU-43-9 7 by that developer, with the eventual extension of that road to the intersection of iv(a~,ic View Drive and Allen Drive. The cost of construction and right-ot=way was to be shared among all the redeveloping properties in Magic View Subdivision. The Ada County Highway District finds that the anticipated fiscal .impacts of the anticipated developments in Magic View Subdivision are of such a ma,nitude that ACRD is unable to accommodate the development(s) without excessive and unscheduled public expenditures which exceed the amount of the anticipated impact fees from such anticipated developments. The above-mentioned street will ultimately be constructed as a ~2-foot (4-lane) street section, at its connection with Eagle Road, tapering to a standard 41-foot commercial street section ~00- feet west of Eagle Road. The cost of the roadway is approximately S6~O,000.00. In its review ofMCU-43-97, the Commission adopted an Extraordinary Impact Fee based on trip generation rates. The Commission determined that the Extraordinary Impact Fee would be 54;.19 per trip. This parcel includes 4.34-acres, resulting in a trip generation rate of approximately 1,200-trips per day. The share of the cost of the new roadway-equaled 543.19 per trip. Therefore, this property should pay an overlay fee to the District in the amount of approximately 551,828.00. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of cost to construct and dedicate risht-of-~vav for a ne~v road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. F. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details: G. District policy requires the applicant to constnuct curb, gutter and ~-foot wide concrete sidewalk and pavement widening to one halt of a 4t-foot street section on Allen Street abutting the parcel. H. District policy requires the applicant to construct curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 16-feet of additional paving on Freeway Street abutting the parcel. Staff is recommending a wider pavement width on this segment of roadway because the southern half of the roadway will never redevelop and the pavement width proposed by District staff is eduivalent to the driving. surface of a 41-toot street section. ~1CUP992~.C.~1~1 Pa~_e s • Driveways on Allen Street/Freewav Street should be Located a minimum of ~0-feet from public street intersections and 100-feet from the comer of Allen Street and Freeway Street. Staff is recommendin, the driveways be located further from the corner of Allen Street and Free~~~ay Street due inadequate sight distance concerns at the corner. Driveways should be constructed as ?4 to 30-foot wide curb cut driveways and paved their full required width of?4 to ~0-feet and at least 30-feet beyond the edge of pavement of Allen Street and Freeway Street. J. Interstate 84 is under thejurisdiction of Idaho Transportation Department ([TD). Application materials should be submitted to LTD for review and requirements of that Department and the applicant should submit to the District a letter from [TD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits). whichever occurs first. The applicant may contact District ([[ Traffic En`ineer Walter Burnside at 334-8340. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. There are currently approximately 31,97 vehicle trips per day on Eagle Road, and traffic on Eagle Road is anticipated to increase sivniticantly over the next few years. This development and the potential for redevelopment in the area will exacerbate the existing traffic problems on Eagle Road. The rely traffic from this development and other approved developments in the vicinity will add 11,510 vehicle trips per day, bringing the total to approximately 43,48 vehicle trips per day, which will exceed the pla~ining threshold Level of Service (LOS) E volume of a ttipical five-lane roadway. According to the July 31, 1997 "Ada County Roadway Capacity Guidelines for Planning applications", 40,000 AADT is the middle of the range of LOS E for a typical five-lane roadway (Urban,'Suburban Arterial -Non-Business District), with 42,00 being the upper limit of that range. This section of Eagle Road between I-84 and Franklin Road is not a typical five-lane roadway. It has a degree of access control and aloes-to- moderate volume of turning conflicts between signalized intersections.. This section of roadway should have the capacity to accommodate all of the traffic from the currently proposed developments. The planning threshold has not been determined for this type of roadway. Staff recommends that the APA Transportation Model Advisory Committee (TMAC) be requested to evaluate Eagle Road from I-84 to S.H. 44 and establish planning thresholds for it. M. The Eagle Road Corridor Studs- states that access control on Eagle Road can increase the capacity of the roadway by as much as fifty-percent which is the same increase in capacity that can be experienced by the construction of two additional lanes. Access control will increase the planning threshold (LOS E) to higher levels. perhaps as much as >j,000 ADT. The constriction of frontage roads, grade-separated interchan,es and the elimination of signalized intersections recommended by the Study will further increase the LOS E planning threshold to 80,000 ADT because of the total elimination ofside-friction From intersections. The study suggests the followin; methods of access control: Marginal Access Control Concepts: a. driveway spacin` between successive driveways b. driveway spacing from an intersection ~~cUP9~~~.c:4tw Pa~_e ~ ~ • driveway design Medial Access Control Concepts: a. median type b. median width c. the ;eometrics of median openings, and d. spacing of median openings Major intersection Control Concepts a. at-,rade intersection modifications b. grade-separated intersections 4. Frontage Roads: frontage roads were proposed as an option to provide full access to abutting parcels along Eagle Road when access restrictions were imposed. The access control measures were to be implemented in phases as adequate Levels of Service on Eagle Road were exceeded. The study recommended five different pleases of access control beginning with the existing access conditions to a future restricted-access expressway with grade-separated intersections. The first level of access control would allow frill access driveways at 660-foot intervals; the second level of access control would eliminate the left turns at those driveways through the installation of raised medians. The first level of access control on Eagle Road between I-84 and Franklin Road has been implemented. Traffic is now anticipated to exceed LOS E for typical five-lane roadways under the level one access control. Right-of--way preservation for frontage roads and roadway improvements should be implemented to allow Earle Road to maintain its Function and to carry the exceptional volume oftrafftc that is expectedy In order to accommodate the traffic generated from this site and future development along Eagle Road, staff recommends that a median be constructed in Earle Road from the Earle Road/I-84 interchange to Franklin Road as the second level of access V control. The median should be constructed to eliminate left turns at the eighth-mile driveways and street approaches. In future phases of corridor protection, a frontage road on both the east and west side of Eagle Road should be constructed from Franklin Road south to the signalized intersection at St. Luke's driveway to provide those parcels affected by the median access to Full access intersections to Eagle Road. In even later stages of protection, the urban interchange at the intersection oFEagle Road and Franklin Road should be constructed. Special Recommendation to 1TD and the City of iv[eridian: This development and the potential for redevelopment in the area, will exacerbate the existing traffic problems on Eagle Road. The District recommends that a median be constructed in Eagle Road from the Eagle Road/[-84 interchange to Franklin Road as suggested in the second level of access control recommended in the Eagle Road Access Control Study. The median should be constructed to eliminate left turns at driveway and street approaches at every location except the St. Luke's signalized driveway. In later stakes of protection, a frontage road on both the east and west side of Eagle Road should be constructed from Franklin Road south to the signalized intersection at St. Luke's driveway to provide access to full access intersections for the parcels affected by the median. .vfC'[ P992~.CW ~( Passe i The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting 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 tit be compensated for this additional right-of--way. 2. Dedicate sufficient ri;ht-of--way to accommodate the Freeway Street impro~~ements abutting thc; parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pe~~nit (ur other required permits), whichever occurs first. Thu owner will tlQt be compensated for this additional right-uf--way. Construct curb, gutter, and a 5-foot wide concrete sidewalk on Allen Street abuttin, the parcel. Improvements to Allen Street shall be constructed to one half of a 4l-foot street section. Coordinate the improvements to Allen Street with District staff. 4. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Freeway Street abutting the parcel. Improvements to Freeway Street shall be constricted to one half of a 41- foot street section, plus 16-feet of additional pavement. Enter into an agreement with the District to pay the proportionate share of the cost of constn~cting 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 S~ 1,828. 6. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should 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. The applicant may contact District [II Traffic Engineer Walter Burnside at 334-8340. 7. Locate driveways on Allen Street/Freeway a minimum of 50-feet from public street intersections and 100-feet from the corner of Allen Street and Freeway Street. Construct the driveways as 24 to 30-foot wide curb cut driveways and paved their full required width of 24 to 30-feet and at least 30-feet beyond the edge of pavement of Allen Street and Freeway Street. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. I'he ren~test ivICUP992-i.C~L~I Paee G ~ ~ shall specifically id n ify each rec~ttirement to be reconsidered and include a written erp1lnation of w y such a requirement would res ~It in a substantial h~rdshi or in anity The written re uest shall be submitted to the Dis ri t no later thin 9.00 a m on he day scheduled for A HD ommission ~crinn Those items shall be rescheduled for discussion with the Commission on the next available meeting a,enda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time Fur District staff to remove the item from the consent agenda and report to the Commission regarding die requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of S 1 10.00. The res~,iest for reconsider•~tion shall ~ ~ i illy id n ify each re~iiirement to be reconsidered end include written documentation of data that was not available to the ommission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. After ACHD Commission action, any request for rehearing of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of S 110.00. The reauest fir rehearing shall snecificallTjden i yeach requirement to be reheard and inchlde written documentation of data that was not available to the (`nmmissi~n at the time of its ori~>in•ll decision. The applicant will be notified of the date and time of the Commission meeting at which the rehearing will be heard. V 4. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. i. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. ~ICUP99?=t.C~l~l Pace 7 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all Hiles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a ~vaiver!variance of said requirements or other legal relief is vranted pursuant to the law in effect at the time the change in use is sou_ht. y y Conclusion of Law: ACRD requirements are intended ro assure that the proposed use/development will not place an undue burden on the existin, vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. submitted bv~ Planning and Develonment Staff July ~8 1999 ~~iCUP992=1.C;~1~1 Paee 3 ~ ~ BEFORE THE PLANNING AND ZONING COMMISSION In the Matter of the REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES for PROPOSED ALLEN STREET CARE CENTER Case No. AZ-99-014 RECOMMENDATION TO CITY COUNCIL By SONNTAG EYE ASSOCIATES INTRODUCTION 1. The property is approximately 4.34 acres in size. The property is located at Lot 15 of Magic View Subdivision. The property is designated as Allen Street Care Center. 2. The owner of record of the subject property are Marlc and Geri Bottles, of 5287 Fairview, Boise, and Burlce Jones of 5311 Glenwood, Garden City, Idaho. 3. Applicant is Sonntag Eye Associates or Assigns, of 520 S. Eagle Rd., Suite 3104, Meridian, Idaho. 4. The property is presently zoned by Ada County as Ada County Rural Transitional (R-T), and consists of a rural single family residence. 5. The Applicant requested the property be zoned as General Retail and RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS Service Commercial (C-G). 6. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street north of the I-84 westbound on-ramp. 7. The subject property is bordered to the north by the recently approved Midvalley Business Parlc, to the west by Ada County Rural Transitional, to the south by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a 60,000 sq.ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 11. The Applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent with the Meridian RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS ~. Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further this proposal is consistent with the Meridian Comprehensive Plan as follows: Land Use 4.3U - Encourage new commercial development within under- utilized existing commercial areas. 4.8U - Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parrs, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5.6 - The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 - Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. 5.11 - The character, site improvements, and type of development should be harmonized with previously-developed land in the area. 5.14U - Because these areas are near 1-84... high-quality visual appearance is essential. 5.15U- The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services. Utilities and Energy Resources: 3.1- Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ... encourage medical professionals to locate their practice within the City of Meridian... Community Design: 1.4 - Major entrances to the City should be enhanced and emphasized. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS 1.6 - The addition of landscaping within existing commercial parking lots should be encouraged. 4.4U - Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.1V1. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACRD prior to any building permits being issued for this property. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS • • 1.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip «idths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. Z:\Work~l\Meridian 15360M\Allen Street Care Ctr~uiexRez.Rec RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -LOT 15 MAGIC VIEW SUBDIVISION BY SONNTAG EYE ASSOCIATES OR ASSIGNS ,'' . HUL3 OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place [o Live LEGAL DEPARTMENT (2pg) 288-249) • Fax 288-2501 Ci il M C b CITY OF MERIDIAN ty ounc em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-443 i • Fax (208) 887-48 L3 PLANNING AND ZONING KEITH BIRD City Clerk Faz (208) 888-4218 DEPARTMENT (208) 88=1-5533 •Faz 887-L297 MEMORANDUM: August 30, 1999 To: Mayor, City Council and Planning & Zoning i-' 1; ~. ' ' "= T ~~,' ~~`~ i ~~ From: Bruce Freckleton, Assistant to City Engineer ~, ~ ~ ~ I ~~ J Brad Hawkins-Clark, Assistant Planner -~j~C _; ; ± ~ ~ : _, ~ -_ ~ ~ L,iLL +~1t;lr> ~.i,ii3r_~ Re: ALLEN STREET CARE CENTER by SONNTAG EYE ASSOCIATES -Annexation & Zoning of 4.34 Acres from R-T to C-G (Lot 15 of Magic View Sub.) - Conditional Use Permit for 60,000 s.f. Medical Office Buildin g and Outpatient Surgery Facility We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. The subject property is located in an area designated asMixed/Planned Use Development in the Meridian Comprehensive Plan. Land Use Cha tamer 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5.6 -The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 -Development in these areas should be based on functional plans...compatible with the surrounding neighborhoods. 5.11 -The character, site improvements, and type of development should be harmonized with previously-developed land in the area.. . 5.14U -Because these areas are near I-84...high-quality visual appearance is essential. S.15U -The mixed-use area in the vicinity of I-84 interchange is a priority development area. Al1enSlCareCtr.AZ.CUP.doc ~ ~ Mayor, Council and P&Z August 30, 1999 Page 2 Public Services, Utilities and Energy Resources Cha tamer 3.1 -Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ...encourage medical professionals to locate their practice within the City of Meridian.. . Communit~gn Chapter 1.4 -Major entrances to the City should be enhanced and emphasized. 1.6 -The addition of landscaping within existing commercial parking lots should be encouraged. 4.4U -Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. ANNEXATION & ZONING GENERAL COMMENTS: This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and south of the recently approved Midvalley Business Park (Hubble Engineering). The legal description for annexation (revised copy submitted August 5, 1999 by PLS, doesn't appear to place the subject site contiguous to the Corporate City Limits of Meridian (Ordinance 661 & 665). Please submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. SITE SPECIFIC COMMENTS: Applicant shall be required to dedicate all right-of--way along Allen Street and Freeway Drive as required by ACRD prior to any building permits being issued for this property. 2. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. AIIenStCareCtr.AZ.CUP.doc ~ ~ Mayor, Council and P&Z August 30, 1999 Page 3 CONDITIONAL USE GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal 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. 7. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1. The developer of the Holiday Inn Express on the east side of the subject site, has installed sewer and water mains in Allen Street as part of his project. These mains have not received final inspection, nor have they been approved by the Public Works Department for ownership and maintenance. It is unclear when or whether these mains will be accepted by the City. This is very important to the serviceability of this project. 2. Water service to the proposed site could be to the existing water line mentioned above. 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. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer AllenStCareCtr.AZ.C UP.doc ~ ~ Mayor, Council and P&Z August 30, 1999 Page 4 model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3 h.i Applicants architect has indicated on the site plans that the sanitary sewer service shall be accommodated via a pressure line. Further design investigation needs to be performed to determine the serviceability of the site via gravity sewer mains. 4. 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. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant 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. 6. The southwest drive entrance width off Freeway Drive is currently shown as twenty feet (20'). City ordinance requires minimum of twenty-five foot (25') drive aisles. Plan must be modified. ~~~ `~~ ~ Applicant is proposing a s~ ~ foot landscape strip adjacent to Freeway Drive. I-84 is identified as an entryway corridor in the Comprehensive Plan, which requires athirty-five foot (35') landscape strip beyond the required right-of--way. While this parcel does not have direct frontage on I-84, it is highly visible from the Eagle Road off-ramp and I-84 west-bound traffic and functions as an entryway for Meridian. Staffrecommend the applicant approach ITD to investigate the potential for a license agreement to landscape within the I-84 right-of--way between Freeway Drive and the north I-84 boundary to meet the 35-foot buffer requirement. Applicant is proposing a four (4) foot landscape strip adjacent to Allen Street. As the primary entrance to the facility, staff consider this width to be inadequate. Midvalley Business Park/Hubble Engineering is immediately adjacent to the north and is providing a tapered landscape strip -ranging from 8 feet on the north to 16-feet on the south immediately abutting Sontag's property. Staffrecommend a minimum ten-foot (10') landscape strip along the Allen Street frontage. 9. The north boundary line of subject property and the south boundary of Midvalley Business Park are common. Midvalley's approved landscape plan provides a tapered landscape buffer AllenstC areCtr.AZ.CUP.doc Mayor, Council and P&Z August 30, 1999 Page 5 along the south boundary -from 20-feet on the east to 10-feet on the west. The proposed 10- foot landscape strip on Sontag's north boundary would C®~ti~t.u.~-~'1~ ~ur~-~,~t l~ ~~.e-t 10. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. All trash areas are to be enclosed by a screening fence on three (3) sides. 11. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. A total of six (6) handicap-accessible stalls aze required and six (6) are shown. However, given the medical office use and anticipated clientele, staff encourage the addition of at least three (3) handicap parking stalls. 12. No signage has been proposed and none is approved with this application. All signage will be subject to design review and requires separate permits. 13. Six-foot-high, permanent perimeter fencing shall be provided adjacent to the existing residential and agricultural use along the west boundary line. 14. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 15. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. AllenstCareCtr.AZ.C UP.doc 'k MERIDIAN CITY COUNCIL MEETING:__ SEPTEMBER 21,1999 APPLICANT: SONNTAG EYE ASSOCIATES AGENDA ITEM NUMBER: 17 REQUEST: ANNEXATION ~ ZONING OF 4.34 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: $L'~ ~T~C~ ~~MCJTS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. October 1, 1999 • MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: S~NNTAG EYE ASSOCIATES. ITEM #: 18 REQUEST: ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) AGENCY COMMENTS CITY CLERK: REFER TO PACKET OF 9121/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: GITY 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: _ wr ~x ~~~~ 4 ~~w~ All Materials presented at public meetings shall become property of the City of Meridian. . ~~ 5 ~~ ~~ October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19, 1999 APPLICANT: SONNTAG EYE ASSOCIATES ITEM #: 9 REQUEST: FF&CL REQUEST FOR ANNEXATION & ZONING OF 4.34 ACRES R-T TO C-G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS 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: ~ G NAME COMMITTEE: (~1,~ ADA COUNTY STREET ,Y CENTRAL DISTRICT HEALTH: ~~ NAMPA MERIDIAN IRRIGATION: ~ / C SETTLERS IRRIGATION: IDAHO POWER: US WEST: r BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: Ail Mat®rials pr®sented at public meetings shall becom® property of the City of Meridian. R~ S ~ • Fi~E coat BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SONTAG EYE ASSOCIATES, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.34 ACRES FOR PROPOSED ALLEN STREET CARE CENTER, MERIDIAN, IDAHO Case No. AZ-99-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant, Scott Freeman, both having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES •J appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council 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, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and FINDINGS OF FACT AND CONCLUSI NG ~PLICATION 2 AND DECISION AND ORDER GRANT FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCLATES i • zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.34 acres in size. The property is located at Lot 15 of Magic View Subdivision, Meridian, Idaho. The property is designated as Allen Street Care Center. 5. The Applicant is acting on behalf of the record owner of the property Marlc and Gari Bottles of 5287 Fairview, Boise, Idaho, and Burlce Jones of 5311 Greenwood, Garden City, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Ada County Rural Transitional (R-T), and consists of a rural single family residence. 7. The Applicant requests the property be zoned General Retail and Service Commercial (C-G) which is defined at Meridian City Code Section 11-2- 408(B)((11). 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street and north of the I-84 westbound on-ramp, Meridian, Idaho. 10. The subject property is bordered to the north by the recently approved Midvalley Business Parlc, to the west by Ada County Rural Transitional, to the south FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • ~ by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and the city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject real property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The applicant proposes to develop the subject property in the following manner: construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 14. The applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further this proposal is consistent with the Meridian Comprehensive Plan as follows: Land Use 4.3U - Encourage new commercial development within under-utilized existing commercial areas. 4.8U - Encourage commercial uses, offices and medical-care uses to locate in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES t • the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. 5.6 - The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 - Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. 5.11 - The character, site improvements, and type of development should be harmonized with previously-developed land in the area. 5.14U - Because these areas are near 1-84... high-quality visual appearance is essential. 5.15U- The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ... encourage medical professionals to locate their practice within the City of Meridian... Community Design: 1.4 - Major entrances to the City should be enhanced and emphasized. 1.6 - The addition of landscaping within existing commercial parking lots should be encouraged. 4.4U - Encourage landscaped setbacks for ne~v development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • t Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACRD prior to any building permits being issued for this property. 15.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 15.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 15, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES e a 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • • 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • ~ CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • i 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's roan-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • s Land Use 4.3U - Encourage new commercial development within under-utilized existing commercial areas. 4.8U - Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. 5.6 - The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 - Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. 5.11 - The character, site improvements, and type of development should be harmonized with previously-developed land in the area. 5.14U - Because these areas are near 1-84... high-quality visual appearance is essential. 5.1 SU- The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- Medical facilities should be encouraged to locate within or nearby commercial activity centers. 3.3 - ... encourage medical professionals to locate their practice within the City of Meridian... Community Design: 1.4 - Major entrances to the City should be enhanced and emphasized. 1.6 - The addition of landscaping within existing commercial parking lots should be encouraged. 4.4U - Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. S. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • • (C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in the various zoning districts of the City; that Professional and Sales Offices are listed as permitted for offices as permitted uses in the General Retail and Service Commercial (C-G) District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES t ~ 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER 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: 1. This application is for annexation and zoning of 4.34 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • • 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 3.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES s s 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and ~vho 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 l l ~~ day of OG~ ~ 2~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED l~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: _~l FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 S AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES • i MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Departure and the City Attorney. By: ity Clerlc Dated: ~~ ~~' ~~ ey/Z:\Worlc\M\Meridian 15360M\Allen Street Care Ctr\AZFfCIs ``,``,`,~~1~11f i11J1(1~~~~~Y`,'' ``~ '``~ ~ r~~4 .S. ~" ~~ - r • SEAL L ~_ ~~ .,~~,,,~p ~T ts~ , P.~``~,: .,,~+ p``,,o` ~'~~~~~iu~i n~a~~~`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES