HomeMy WebLinkAboutMallane Comm Complex RZ03-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04-15-03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 6.95
ACRES FROM L-O TO L-O AND C-
G ZONES FOR MALLANE
COMMERCIAL COMPLEX
SUBDIVISION, LOCATED ON THE
NORTH SIDE OF EAST FAIRVIEW
AVENUE, APPROXIMATELY'/:
MILE WEST OF NORTH EAGLE
ROAD, MERIDIAN, IDAHO
THE LAND GROUP, INC.,
APPLICANT
Case No: RZ-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 6.95 acres having come on for public
heazing on April 15, 2003, at the hour of 7:00 o'clock p.m., and Council having received the
report of Wendy Kirkpatrick Planner II of the Planning and Zoning Department, and Bruce
Freckleton of the Public Works Department, and Brad Hawkins-Clazk Interim Planning Director
for the Planning and Zoning Department, and Russ Hepworth, appeared and testified, and no one
appeared in opposition, and the Council having received the record of this matter made before
the Planning and Zoning Commission, and having received their Recommendation to the City
Council, and the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 1 OF 21
FINDINGS OF FACT
The notice of public heazing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for April 15, 2003, before
the City Council, the first publication appeazing 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 heazing 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 April 15, 2003, 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 Meridian City Code §§ 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 6.95 acres in size. The property is located
on the north side of East Franklin Avenue, approximately''/z mile west of North Eagle Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 2 OF 21
Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian
City Hall, 33 East Idaho, Meridian, Idaho.
5. The owner of record of the subject property is M & L Limited Partnership,
620 West Idaho, Boise, Idaho 83701.
6. The Applicant is The Land Group, Inc., Russ Hepworth, 128 South Eagle
Road, Eagle, Idaho 83616.
7. The property is presently zoned as L-O (Limited Office) and consists of
vacant land.
The Applicant requests the property be rezoned as L-O (Limited Office)
and C-G (General Retail and Service Commercial).
9. The proposed site is bordered to the north by Dove Meadows Subdivision,
zoned R-8 & L-O, to the south by Fairview Avenue and Treasure Valley Business Center, zoned
I-L, to the east by Capital Christian Center, zoned L-O, and to the west by vacant land, zoned
RUT (Ada County).
10. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: commercial subdivision.
13. The Applicant requests rezoning of the subject real property as L-O and C-
G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 3 OF 21
designates the subject property as Commercial.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be hazmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appeazance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazazdous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
15.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 4 OF 21
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
15.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
SITE SPECIFIC REQUIREMENTS
Staff recommends the following be made conditions of the Rezone:
STANDARD CONDITIONS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service per City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2. All signage in the proposed project shall be in accordance with the standards set forth
in Section I 1-14 of the City of Meridian Zoning and Development Ordinance.
3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13
for use of property.
4. All construction shall conform to the requirements ofthe Americans with Disabilities
Act.
5. Any assessments or re-assessments for sewer and water service for any new uses will
be determined during the Certificate of Occupancy process.
6. Development of the property shall be in conformance with the Meridian City Code.
B. Adopt. the Recommendations of the ACHD as follows:
Special Recommendation to the City of Meridian and the Applicant:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 5 OF 21
1. In order to reduce trips to and from this development it is recommended that
tenants occupying the proposed building be required to provide an Alternative
Transportation Program for employees and provide an annual report to ACHD on
employee participation. Commuteride staff will coordinate the Alternative Transportation
Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160.
2. In order to reduce trips to and from this development, the tenants occupying the
proposed building(s) should be required to participate in any Transportation Management
Association (TMA) or Transportation Management Organization (TMO) that is formed
with a boundary that includes this site or is adjacent to this development.
The following Site Specific Requirements and Standard Requirements must be met
or provided for prior to ACHD approval of the final plat:
Site Specific Requirements:
1. Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue 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. Allow up to 30 business days to process the right-of--way dedication after receipt of
all requested material. The owner will be compensated for all right-of--way dedicated as
an addition to existing right-of--way from available impact fee revenues in this benefit
zone, if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD Ordinance #193.
2. Utility street cuts in 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.
3. The existing driveway on Fairview Avenue, located approximately 500-feet west
of Hickory Way is approved with this application.
4. Construct driveways on Hickory Way to align with existing driveways on the east
side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30-
feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii.
5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of
the signal at Hickory. Way and Fairview Avenue, prior to the issuance of any building
permits on this site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 6 OF 21
6. Provide a recorded cross access easement for all of the lots within the subdivision,
and to the out pazcel to the east to use this parcel for access to the public streets prior to
issuance of a building permit (or other required permits). This access agreement was
recorded on the plat for Angel Park Subdivision, and should also be noted on the current
plat.
7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire
site. Coordinate the location and elevation of the sidewalk with District staff. After the
sidewalk has been constructed, the applicant may request reimbursement from the
District, for an amount not to exceed the original Letter of Credit. The applicant has two
weeks from the date of Commission action (November 29, 2000) to request
reconsideration of this requirement.
8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire
site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and
elevation of the sidewalk with District staff.
9. Other than the access point specifically approved with this application, direct lot
or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
10. Other than the access points specifically approved with this application, direct lot
or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement or policy
outlined herein shall be made in writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each requirement to be reconsidered
and include a written explanation of why such a requirement would result in a substantial
hazdship or inequity. The written request shall be submitted to the District no later than
9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be
rescheduled for discussion with the Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration ofthe
Commission's action shall be made in writing to the Planning and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 7 OF 21
Supervisor within six days of the action and shall include a minimum fee of $110.00_ .
The request for reconsideration shall specifically identify each requirement to be
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision. The request for reconsideration will be
heard by the Distnct 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.
3. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
5. 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.
6. 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.
7. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACRD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
8. 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.
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 rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant units successors in interest advises the Highway District of its intent to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 8 OF 21
change the planned use of the subject property unless a waiverlvariance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show
all proximity hydrants within 500' of the project on the resubmitted plat.
2. All entrances and internal roads shall comers with a minimum ofa 28' inside radius and
48' outside radius.
3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
5. Final approval of fire hydrant locations shall by the Fire Department.
6. The fire lanes shall have a clear driving surface,. which is 20' wide. Any building more
than 30' in height shall have a 26' wide access road to provide for aerial track operations.
UFC 902.2.1
16. It is found that the adopted Comprehensive Plan's Future Land Use Map
delineates the property as "Commercial". The requested C-G zoning is harmonious with the
"Commercial" designation and is in accordance with the overall goals and policies of the
Comprehensive Plan.
17. It is found that the proposed zoning amendment complies with the intended
zone(s) supported by the Future Land Use Map. It is not anticipated that the property will be
rezoned in the future.
18. It is found that the Applicant has not submitted detailed development plans for the
un-built parcels within the development; however, it is found that the land to be rezoned will be
developed as a commercial subdivision. If the property is developed in accordance with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 9 OF 21.
MCC, commercial development would be allowed under the new C-G zoning designation.
19. The recent adoption of the Comprehensive Plan changed the land use designation
of the property. Furthermore, the re-zone would be in compliance with the Comprehensive Plan
as commercial property.
20. It is found that all development within the subdivision will be required to comply
with the MCC, and that the future development of the land will be in hazmony of the existing and
intended character of the area. All commercial development applications will have to be
weighed on the merits of the specific application. All development will require a Certificate of
Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use
Control in the City's Zoning Ordinance.
21. It is found that the re-zone to C-G should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the C-
G zone maybe disturbing to future or existing neighbors; however each development will be
required to comply with the approval requirements of the MCC. Lot 4 will remain zoned L-O
and will serve as a buffer between commercial development and the neighboring subdivision.
22. It is found that the proposed uses will be adequately served by all essential public
services and facilities.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone would not be detrimental to the economic welfare of the community.
24. It is found that the proposed C-G zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 10 OF 21
conditions that are detrimental to the general welfare of the community.
25. It is found that the proposed C-G zoning will not interfere with general traffic
patterns on any public streets.
26. It is not found that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
27. It is found that the zoning amendment would be in the best interest of the City by
allowing a property owner to make improvements to the property that would otherwise not be
allowed without the zoning amendment.
CONCLUSIONS OF LAW
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Limited Office (L-O) and General Retail and Service
Commercial (C-G) as defined in the Zoning Ordinance at 11-7-2 G and K as follows:
(L-OlLimited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall
not involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall purpose
of this District. The L-O District is designed to act as a buffer between other more
intense nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the Municipal water and sewer system of the City is a requirement in this
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE I 1 OF 21
AND
(C-G) General Retail and Service Commercial District: The purpose of the C-G District
is to provide for commercial uses which aze customazily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed commercial
-uses which aze auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need oftravel-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, and shall not constitute
strip commercial development and encourage clustering of commercial development.
Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particulaz consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording; modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
§ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 12 OF 21
uncertainty exists with respect to the boundazies of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of--way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundazy shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. § 11-15-1 lofthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The azea is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 13 OF 21
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses 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;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the Ciry of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 6.95 acres to construct a
commercial subdivision under the proposed L-O and C-G zones, aze granted, subject to the terms
and conditions of this Order hereinafter stated; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 14 OF 21
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. .Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
Staff recommends the following be made conditions of the Rezone:
STANDARD CONDITIONS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service per City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
2. All signage in the proposed project shall be in accordance with the standards set forth
in Section 11-14 of the City of Meridian Zoning and Development Ordinance.
3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13
for use of property.
4. All construction shall conform to the requirements of the Americans with Disabilities
Act.
5. Any assessments or re-assessments for sewer and water service for any newuses will
be determined during the Certificate of Occupancy process.
6. Development of the property shall be in conformance with the Meridian City Code.
B. Adopt the Recommendations of the ACRD as follows:
Special Recommendation to the City of Meridian and the Applicant:
1. In order to reduce trips to and from this development it is recommended that
tenants occupying the proposed building be required to provide an Alternative
Transportation Program for employees and provide an annual report to ACHD on
employee participation. Commuteride staff will coordinate the Alternative Transportation
Program with the applicant. For more infonnation contact Ms. Pat Nelson at 387-6160.
2. In order to reduce trips to and from this development, the tenants occupying the
proposed building(s) should be required to participate in any Transportation Management
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 15 OF 21
Association (TMA) or Transportation Management Organization (TMO) that is formed
with a boundary that includes this site or is adjacent to this development.
The following Site Specific Requirements and Standard Requirements must be met
or provided for prior to ACRD approval of the final plat:
Site Specific Requirements:
Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue 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. Allow up to 30 business days to process the right-of--way dedication after
receipt of all requested material. The owner will be compensated for all right-of--way
dedicated as an addition to existing right-of--way from available impact fee revenues
in this benefit zone, if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section 15 of ACHD
Ordinance # 193.
2. Utility street cuts in pavement less than five years old aze not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
3. The existing driveway on Fairview Avenue, located approximately 500-feet west of
Hickory Way is approved with this application.
4. Construct driveways on Hickory Way to align with existing driveways on the east side
of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30-
feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb
radii.
5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a shaze of the
signal at Hickory Way and Fairview Avenue, prior to the issuance of any building
permits on this site.
6. Provide a recorded cross access easement for all of the lots within the subdivision,
and to the out parcel to the east to use this pazcel for access to the public streets prior
to issuance of a building permit (or other required permits). This access agreement
was recorded on the plat for Angel Park Subdivision, and should also be noted on the
current plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 16 OF 21
7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site.
Coordinate the location and elevation of the sidewalk with District staff. After the
sidewalk has been constructed, the applicant may request reimbursement from the
District, for an amount not to exceed the original Letter of Credit. The applicant has
two weeks from the date of Commission action (November 29, 2000) to request
reconsideration of this requirement.
8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire
site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and
elevation of the sidewalk with District staff.
9. Other than the access point specifically approved with this application, direct lot or
parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required
with this application, shall be stated on the fmal plat.
10. Other than the access points specifically approved with this application, direct lot or
parcel access to Hickory Way is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined
herein shall be made in writing to the ACHD Planning and Development Supervisor.
The request shall specifically identify each requirement to be reconsidered and
include a written explanation of why such a requirement would result in a substantial
hazdship or inequity. The written request shall be submitted to the District no later
than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items
shall be rescheduled for discussion with the Commission on the next available
meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for
Commission action do not provide sufficient time for District staff to remove the item
from the consent agenda and report to the Commission regarding the requested
modification, vaziance or waiver. Those items will be acted on by the Commission
unless removed from the agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration 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 $110.00.
The request for reconsideration shall specifically identify each requirement to be
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision. The request for reconsideration will
be heard by the District Commission at the next regulaz meeting of the Commission.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 17 OF 21
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.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepaze and certify all
improvement plans.
5. 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.
6. 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.
It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. Existing utilities damaged by the applicant shall be repaired by the applicant
at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-
1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any
ACHD conduits (spaze or filled) are compromised during any phase of construction.
8. 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.
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 rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 18 OF 21
1. Provide afire-flow as required by the 1997 Uniform Fire Code AppendixIII-A. Show
all proximity hydrants within 500' of the project on the resubmitted plat.
2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and
48' outside radius.
3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
5. Final approval of fire hydrant locations shall by the Fire Department.
6. The fire lanes shall have a clear driving surface, which is 20' wide. Any building more
than 30' in height shall have a 26' wide access road to provide for aerial truck operations.
UFC 902.2.1
The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (L-O) Limited Office District and (C-G) General Retail and Service
Commercial District (Meridian City Code § 11-7-2 G and K) which ordinance shall be
considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the rezoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 19 OF 21
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~ 6~, 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED__Z'~--
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED_~
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
DATED: S~ -O.3
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant,
and the City Attorney.
Department, Public Works Department
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDNISION / (RZ-03-001)
PAGE 20 OF 21
By
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONING OF 6.95 ACRES FROM L-O TO L-O AND C-G
FOR MALLANE COMMERCIAL COMPLEX SUBDIVISION / (RZ-03-001)
PAGE 21 OF 21