HomeMy WebLinkAboutArby's Restaurant CUP-00-039BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-15-00
IN THE MATTER OF THE )
APPLICATION OF THE BAILEY )
COMPANY, FOR A )
CONDITIONAL USE PERMIT )
FORAN ARBY'S RESTAURANT )
IN THE FAMILY CENTER, IN I-L )
ZONE, LOCATED AT THE )
SOUTHEAST CORNER OF )
EAGLE AND FAIRVIEW, )
MERIDIAN, IDAHO )
)
Case No. CUP-O0-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council for public hearing on August 15, 2000, at the hour of 7:30 p.m., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and having heard and taken oral and
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and no one appeared in opposition, and having duly considered the matter and
the Planning and Zoning Commission made the following Findings of Fact and
Conclusions of Law and Recommendation to City Council, and the City Council having
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 1 of 24
received the staff report and the record made before the Planning and Zoning Commission,
and being fully advised in the premises, the Council finds and concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A)
As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B)
That a special use permit may be granted to an applicant if
the proposed use is othenvise .prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(c)
That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5)
Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 2 of 24
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code § 11-17-2.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use permit in a Light Industrial (I-L)
zone, a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § 11-17-5, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 24
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-O0-039
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for August 15,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen ( ! 5) 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 the copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the said August 15, 2000, public hearing; and the Applicant,
affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 4 of 24
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and
11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and
Proof of Posting filed with the staff report.
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at the southeast comer of Eagle and Fairview,
Meridian, Idaho.
5. The owner of record of the subject property is TFCM Associates LLC of
Beachwood, Ohio.
6. Applicant is The Bailey company, LLP of Golden, Colorado.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-
7-2.
8. The proposed application requests a conditional use permit for an ArbY's
Restaurant with drive-thru. The I-L zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 5 of 24
Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1 ).
9. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is described in the "VICINITY MAP,
Project No. 191-07, Drawn By: NAK, Checked By: SHS, Sheet 1 of l, Drawing File
Name: arbys cu sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal," The Bailey Company,
LLLP and TFCM Associates, LLC, developer, for an Arby's Restaurant with drive-thru,
in Light Industrial, located at the southeast comer of Eagle and Fairview, Meridian,
Idaho, and which property is described as:
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. 1E., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of said Section 9 from which the West 1/4
corner of said Section 9 bears South 01°08'42" West, 2649.45 feet; thence
South 64°35'27'' East, 200.42 feet to a point on the southerly right-of-way line
of West Fairview Avenue, as described by Exhibit "B" of warranty deed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 6 of 24
Instrument No. 99072864, Records of said Ada County, said point being the
REAL POINT OF BEGINNING;
thence along said southerly right-of-way line South 89°22'10'' East, 317.30 feet;
thence North 87053'02'' East, 500.81 feet;
thence South 89o22' 10" East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-
way line of Records Avenue, as described by Exhibit "C" of said warranty deed
Instrument No. 99072864, the following courses;
thence South 44o28'35'' East, 41.07 feet;
thence South 00o25'00'' West, 344.46 feet;
thence South 9°55'31" East, 69.63 feet;
thence South 00024'57'' West, 241.74 feet to a point on a non-tangent curve to
the left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a
central angle of 15029'04'' and a long chord of 53.86 feet which bears South
8058'50'' East;
thence South 18o08'07'' East, 80.48 feet;
thence South 07o20'43'' East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and
7780, records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary
of Crossroads Subdivision No. 5, North 89035'32'' West, 228.44 feet to the
northeast coruer of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at
Pages 7519 and 7520, records of Ada County, Idaho;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 7 of 24
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No. 4, North 89035'32'' West, 796.15 feet to an angle
point thereon;
thence South 01°08'13'' West, 62.50 feet to an angle point thereon;
thence North 88°51'47" West, 287.81 feet along said northerly boundary to the
northwest comer of said Crossroads Subdivision No. 4;
thence leaving said northerly boundary line and along the westerly boundary line
of said Crossroads Subdivision No. 4 South 01°08'13'' West, 29.48 feet to the
most northwesterly comer of Crossroads Subdivision No. 1, as filed in Book 65
of Plats at Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No. 1, South 01°08'13" West, 620.13 feet to a point on
a non-tangent curve to the left, said point also being on the northerly right-of-
way line of E. Presidential Drive;
thence leaving said westerly boundary line and along said curve and said
northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet,
a central angle of 45026'02'' and a long chord of 199.90 feet which bears North
66008'49" West;
thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the
right;
thence along said curve to the fight 47.13 feet, said curve having a radius of
30.00 feet, a cental angle of 90000'32'' and a long chord of 42.23 feet which
bears North 43°51'34" West, to a point of intersection with said curve and the
easterly right-of-way line of Eagle Road as described in warranty deed
Instrument No. 8857970, records of said Ada County;
thence leaving said northerly fight-of-way line and along said easterly fight-of-
way line North 1°08'42" East, 1589.72 feet to an angle point thereon;
thence North 58°10'31" East, 134.35 feet to the Real Point of Beginning,
contains 50.11 acres, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 8 of 24
11. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities and
services required by the proposed development will not impose expense upon the
public if the conditions of development, as set forth in the Decision and Order number
2, are found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property within
the planning jurisdiction of the City of Meridian.
12. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
13. The use proposed within the subject application will be subject
to the conditions as set forth in the DeCision and Order under number 2, and will be
designed, constructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the same area.
14. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
15. The use proposed within the subject application will be served
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 9 of 24
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
16. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
17. The use proposed within the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. Sufficient parldng for the proposed use of the property will be
provided.
19. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the Applicant of the property, is granted a conditional use permit for
the proposed application request of a conditional use permit for an Arby's Restaurant
with drive-thru in I-L Light Industrial, located at the southeast comer of Eagle and
Fairview, Meridian, Idaho, and described in the "VICINITY MAP,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 10 of 24
Project No. 191-07, Drawn By: NAK, Checked By: SHS, Sheet 1 of 1, Drawing File
Name: arbys cu sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal", The Bailey Company,
LLLP and TFCM Associates, LLC, developer, for the development of the
aforementioned project, and which property is described as:
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. 1E., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of said Section 9 from which the West 1/4
comer of said Section 9 bears South 01008'42'' West, 2649.45 feet; thence
South 64035'27'' East, 200.42 feet to a point on the southerly right-of-way line
of West Fairview Avenue, as described by Exhibit "B" of warranty deed
Instrument No. 99072864, Records of said Ada County, said point being the
REAL POINT OF BEGINNING;
thence along said southerly right-of-way line South 89022' 10" East, 317.30 feet;
thence North 87053'02'' East, 500.81 feet;
thence South 89°22'10'' East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-
way line of Records Avenue, as described by Exhibit "C" of said warranty deed
Instrument No. 99072864, the following courses;
thence South 44°28'35'' East, 41.07 feet;
thence South 00025'00'' West, 344.46 feet;
thence South 9°55'31'' East, 69.63 feet;
FINDINGS OF FACT AND CONCLUSIONS OF.LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 11 of 24
thence South 00°24'57'' West, 241.74 feet tO a point on a non-tangent curve to
the left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a
central angle of 15029'04'' and a long chord of 53.86 feet which bears South
8058'50'' East;
thence South 18o08'07'' East, 80.48 feet;
thence South 07°20'43'' East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and
7780, records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary
of Crossroads Subdivision No. 5, North 89035'32'' West, 228.44 feet to the
northeast comer of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at
Pages 7519 and 7520, records of Ada County, Idaho;
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No. 4, North 89035'32'' West, 796.15 feet to an angle
point thereon;
thence South 01°08'13'' West, 62.50 feet to an angle point thereon;
thence North 88°51'47" West, 287.81 feet along said northerly boundary to the
northwest corner of said Crossroads Subdivision No. 4;
thence leaving said northerly boundary line and along the westerly boundary line
of said Crossroads Subdivision No. 4 South 01°08'13'' West, 29.48 feet to the
most northwesterly comer of Crossroads Subdivision No. 1, as filed in Book 65
of Plats at Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No. 1, South 01°08'13'' West, 620.13 feet to a point on
a non-tangent curve to the left, said point also being on the northerly right-of-
way line of E. Presidential Drive;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 12 of 24
thence leaving said westerly boundary line and along said curve and said
northerly right-of-way line 205.24 feet, said curve having a radius of 258.82 feet,
a central angle of 45026'02'' and a long chord of 199.90 feet which bears North
66008'49.' West;
thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the
right;
thence along said curve to the right 47.13 feet, said curve having a radius of
30.00 feet, a cental angle of 90000'32'' and a long chord of 42.23 feet which
bears North 43°51'34" West, to a point of intersection with said curve and the
easterly fight-of-way line of Eagle Road as described in warranty deed
Instrument No. 8857970, records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-
way line North 1°08'42'' East, 1589.72 feet to an angle point thereon;
thence North 58°10'31'' East, 134.35 feet to the Real Point of Beginning,
contains 50.11 acres, more or less.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the Recommendations of Planning and Zoning and Engineering as follows:
2.1
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. Plans shall be
approved by the appropriate irrigation/drainage district, 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.
2.2
Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance. Wells may be
used for non-domestic purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 13 of 24
2.3
2.4
2.5
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4)
and in accordance with Americans with Disabilities Act (ADA)
requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
2.6
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 1 1-13-4.C. and 12-5-2.M.
2.7
2.8
2.9
All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord.
12-5-2.K).
All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.10
Ada County Highway District (ACHD) has issued a letter to the City of
Meridian stating that the Family Center project now exceeds 450,000
gross square feet. Site spedfic requirement No. 7 of the ACHD
Commission action on the Family Center development requires that once
the 450,000 s.f. threshold is reached, improvements to the intersection of
Fairview and Eagle Road must be constructed. No building permits shall
be issued for this project until all ACHD required improvements are
complete, unless otherwise approved by ACHD.
2.11 Sanitary sewer and water service to this site shall be provided by
extension of existing lines within the Family Center.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 14 of 24
2.12
2.13
2.14
2.15
2.16
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.
Underground pressurized irrigation shall be provided to all landscape
areas on site. Submit hook-up and design details based on the proposed
landscaping. Landscape irrigation shall be via the pressurized irrigation
system being installed in the Family Center.
A conceptual landscape plan was submitted with the application with a
note that the actual landscape plan shall be provided by the Land Group,
Inc. The proposed pad layout is significantly different than the original
parking and landscaping layout. Applicant shall verify that the proposed
number of trees is in compliance with the approved landscape plan for the
site. A detailed landscape plan shall be submitted with the Certificate of
Zoning Compliance application. Change the proposed rock ground cover
to bark mulch to match the other landscape areas within the
development.
The proposed 12-foot and 14-foot drive aisles are subject to Meridian Fire
Department approval.
Coordinate screened trash endosure location and construction
requirements with Sanitary Service Company. Submit a letter of approval
from Sanitary Services Corp. (SSC) when applying for a building permit.
All trash areas are to be enclosed by a screening fence on at least three (3)
sides.
2.17
2.18
Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
Freestanding signs for the project shall be limited to the single monument
sign shown on the plan. All signage shall be subject to design review and
requires separate permits. Any temporary or A-frame signs shall be
prohibited as a condition of approval, and will be removed upon 3 days
notice.
Adopt the recommendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
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Page 15 of 24
2.19
2.20
2.21
2.22
2.23
Comply with requirements of lTD for Eagle Road (State Highway 55)
frontage. 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.
Dedicate suffident additional right-of-way to total 66-feet from centefline
of Fairview Avenue from the intersection with Eagle Road for a distance
of 650-feet east of the intersection, then taper to 60-feet from centerline
in 200-feet, and continue 60-feet of right-of-way to the east boundary of
the development (See 4. below).
The right-of-way shall be dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first.
Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle
Road Interchange. Coordinate the right-of-way requirements with District
staff. The right-of-way is generally described as being a minimum of 226-
feet wide (113-feet east of centerline) from Fairview Avenue south for
600-feet. The right-of-way needs then taper to 146-feet wide (73-feet
from centerline to a point 1,400-feet south of Fairview Avenue.
Dedicate sufficient right-of-way abutting Fairview Avenue for the future
Eagle Road interchange. Coordinate the right-of-way requirements with
District staff. The right-of-way is generally described as being a minimum
of 176-feet wide (84-feet south of centerline) from Eagle Road east for
500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east
of Eagle Road.
Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records
Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue
and 60-feet of right-of-way (30-feet from centefline) for Records Drive
from that point to the south boundary of the parcel by means of
recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits),
whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 16 of 24
2.24
Prior to beginning a phase of the development that exceeds 450,000 gross
square feet, construct the needed improvements to create dual left-turn
lanes on the two Fairview Avenue approaches of the Eagle/Fairview
intersection and right-turn lanes on all legs of the intersection. The
developer shall be allowed to offset the cost of the two left turn lanes on
the Fairview Avenue legs of the intersection from the impact fee to be
collected for the development.
2.25
Prior to the construction of any portion of the development south of
Presidential Drive, construct the needed improvements to create dual left-
turn lanes on the eastern approaches of the Eagle/Pine intersection.
2.26
Construct a five-foot sidewalk on Fairview Avenue abutting each
development phase (approximately 2,600-feet total) prior to issuance of
any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to issuance of
a building permit.
2.27
Construct a five-foot sidewalk on Eagle Road abutting each development
phase (approximately 2,600-feet total) prior to issuance of any Certificate
of Occupancy. The construction plans for the development showing the
sidewalk shall be approved prior to issuance of a building permit.
2.28
Prior to opening of the development, construct pavement widening on
Fairview Avenue to one half of an 89-foot street section abutting the
parcel (approximately 2,600-feet).
2.29
Prior to opening of the development, construct pavement widening on
Fairview Avenue to add one eastbound lane from Eagle Road to a point
500-feet west where the existing improvements end.
2.30
Construct a five-foot sidewalk on Pine Avenue abutting each
development phase (approximately 1,300-feet) prior to opening of any
development south of Presidential Drive.
2.31
Construct the four driveways on Fairview Avenue as proposed. The
driveways shall be located as proposed on the site plan dated 8/3/98,
prepared by Quadrant Consulting, Inc. and on file with the District:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-O0-039
Page 17 of 24
approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle
Road respectively.
a. The westem driveway on Fairview Avenue (Driveway A) is
to be constructed as a right-in/right-out driveway, with driveway width
limited to 30-feet and a minimum storage length of 50-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Extend the existing median island in Fairview Avenue
from its easterly terminus to a point 50-feet east of the eastern edge of
driveway A and construct pavement tapers with 15-foot radii.
b. The second driveway on Fairview Avenue (Driveway B) is to
be constructed as a full access driveway with a width limited to 40-feet.
The minimum storage length shall be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Fairview Avenue.
Construct pavement tapers with 15-foot radii.
c. The third driveway on Fairview Avenue (Driveway C) is to
be constructed as a full access driveway with a driveway width limited to
40-feet. The minimum storage length shall be lO0-feet. Install a 36" by
36" high intensity STOP sign at the driveway's intersection with Fairview
Avenue. Construct pavement tapers with 15-foot radii.
d. The fourth driveway on Fairview Avenue (Driveway D) is to
be constructed as a full access driveway with a driveway width limited to
40-feet. The minimum storage length shall be 100-feet for outbound
traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Fairview Avenue.
Construct pavement tapers with 15-foot radii.
2.32
Construct Records Drive as a 65-foot street section (with curb, gutter and
five-foot sidewalk) from Fairview Avenue to a point 300-feet south of
Fairview Avenue. Records Drive shall be located approximately 2,100-feet
east of Eagle Road. Widen the approach to Fairview Avenue to provide
two northbound left turn lanes and one northbound through/right-turn
lane. Two southbound lanes are needed from Fairview Avenue to a point
300-feet south of Fairview. Dedicate sufficient right-of-way for the noted
improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-O0-039
Page 18 of 24
2.33
Construct Records Drive as a 41-foot street section (with curb, gutter and
five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the
existing stub street within the Crossroads subdivision.
2.34
Construct a traffic signal at the Fairview/Records intersection. Provide
and install an Opticom device for emergency vehicle pre-emption of the
signal to the satisfaction of ACHD and the Meridian Fire Department.
Other materials for the traffic signal are to be purchased from ACHD or
be demonstrated to meet ACHD specifications. The signal shall be
designed to allow the future construction of dual left-turn lanes on
Fairview Avenue. Submit the signal design to District staff for approval
prior to construction.
2.35
Construct a driveway on Eagle Road aligned with Florence Street as a full
access driveway. The driveway width should be limited to 40-feet. The
minimum storage length should be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Eagle Road. This
driveway may be restricted to right-in/right-out movement in the future.
Construct a deceleration lane for the driveway.
2.36
Construct Pine Avenue as a 28-foot street section from the project's
eastern property line to a point approximately 400-feet east of Eagle
Road. Widen the approach to Eagle Road to provide two westbound left
tum lanes, one westbound through lane and one westbound right-rum
lane. Coordinate the roadway design with District staff.
2.37
Prior to the commencement of construction of the area south of
Presidential Drive, construct a traffic signal at the Eagle/Pine intersection.
Provide and install Opticom device (an optical communication device for
emergency vehicle pre-emption of the signal operation) as part of the
signal installation. The District shall provide the materials for the signal
(with the exception of the Opticom device) as its share of the entire Pine
Avenue construction from Eagle Road to the east boundary of the
development. Submit the signal design to District staff for approval prior
to construction.
Should the ACHD roadway project to extend Pine Avenue from Eagle
Road to Cloverdale Road precede the development expansion south of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 19 of 24
2.38
2.39
2.40
2.41
2.42
2.43
Presidential Drive, all features related to Pine Avenue are to be
constructed by the applicant prior to the building permit issuance for the
development south of Presidential Drive or the cost therefor paid to the
District. Specifically, this includes the extra left-turn lanes onto and off of
Eagle Road and into the full access driveway from Pine Avenue into the
development.
Reconstruct the western median in Presidential Drive to provide a left
turn lane at the entrance to the project site (at the store fronts). Provide a
minimum of 100-feet of storage area for the new turn lane. Coordinate
the roadway design with District staff.
Construct a full access driveway on Presidential Drive as proposed 340-
feet east of Eagle Road. The driveway width shall be limited to 30-feet.
The minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Presidential
Drive.
Construct a full-access driveway connection to Presidential Drive at the
midpoint between Eagle Road and the project roadway in front of the
stores. The minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with Presidential
Drive.
Construct a full access driveway on Presidential Drive as proposed 620-
feet east of Eagle Road. The driveway width shall be limited to 30-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Presidential Drive.
Reconstruct the westbound approach at the Eagle Road/Presidential Drive
intersection to provide two westbound travel lanes. Coordinate the
roadway design with District staff.
Construct deceleration tapers at each of the driveways on Eagle Road.
Coordinate the design with lTD staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 20 of 24
2.44
Other than the access point(s) specifically approved with this application,
direct lot or parcel access to Pine Avenue or Fairview Avenue is
prohibited.
2.45
Construct a full access driveway on Records Drive as proposed 175-feet
south of Fairview Avenue, limited to 30-feet of driveway width. The
minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Records Drive.
2.46
Construct a full access driveway on Records Drive as proposed 300-feet
south of Fairview Avenue, limited to 30-feet of width. The minimum
storage length shall be 50-feet. Install a 36" by 36" high intensity STOP
sign at the driveway's intersection with Records Drive.
2.47
Construct a full access driveway on Records Drive as proposed 500-feet
south of Fairview' Avenue, limited to 30-feet of driveway width. Install a
36" by 36" high intensity STOP sign at the driveway's intersection with
Records Drive.
2.48
Construct a full access driveway on Records Drive as proposed 800-feet
south of Fairview Avenue, limited to 30-feet of driveway width. Install a
36" by 36" high intensity STOP sign at the driveway's intersection with
Records Drive.
2.49
Construct a fight-in/right-out driveway on Pine Avenue 175-feet east of
Eagle Road, limited to a driveway width of 30-feet. The minimum storage
length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at
the driveway's intersection with Pine Avenue. A median island shall be
installed in Pine Avenue from the stop bar at Eagle Road to a point 50-
feet east of the driveway.
2.50
Construct a full access driveway on Pine Avenue as proposed 340-feet
east of Eagle Road, limited to 30-feet of driveway width. The minimum
storage length shall be 100-feet. Install a 36" by 36" high intensity STOP
sign at the driveway's intersection with Pine Avenue.
2.51 Construct a full access driveway on Pine Avenue as proposed 620-feet
east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 21 of 24
36" high intensity STOP sign at the driveway's intersection with Pine
Avenue.
2.52
Construct and install traffic calming facilities on Presidential Drive
beginning at the eastern property line of the development and extending
through the intersection with Fillmore Way. Coordinate the design and
placement of the calming facilities with District staff and the Crossroads
Subdivision Owners Association.
2.53
Modify the site plan to create a vehicular way behind the pads fronting
on Fairview Avenue and Eagle Road (approximately 100-feet into the
site) to connect Records Drive and Pine Avenue. Install curb returns at
the intersections of this vehicular way with Records Drive and
Presidential Drive. Install STOP signs on the access aisles intersecting
with this vehicular way and install STOP signs on the vehicular way at its
intersections with Records Drive, the five major driveways into the site,
Presidential Drive and Pine Avenue. Coordinate the location of the
vehicular way with District staff.
Adopt the Recommendations of the Central District Health Department as follows:
2.54
The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
2.55 Run-off is not to create a mosquito breeding problem.
2.56
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.57
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
2.58 Applicant shall submit plans for a food establishment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 22 of 24
Adopt the Recommendations of the Fire Department as follows:
2.59 All codes shall be met.
Adopt the Recommendations of the Nampa & Meridian Irrigation District:
2.60 Ail laterals and waste ways shall be protected. Ail municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the District shall review the drainage plans. The developer shall comply
with Idaho Code 31-3805.
Adopt the Recommendations of the Sanitary Service as follows:
2'.61 Hang the gates and maximize opening width.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Cleric and
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of this decision~and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
Page 23 of 24
By actioh of the City Council at its regular meeting held on the
of ~"~PT~~ , 2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
VOTED
COUNCILMAN deWEERD
VOTED
COUNCILMAN McCANDLESS
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAI(ER)
DATED: ~---~'- O0
VOTED
MOTION:
APPROVED:5~~:~
DISAPPROVED:
Copy served uPon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By: J,~~~~,
~ty Clerk
Dated:
msg/Z:\WorkXA4kMeridian 153601VIVkrby's CUP039\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
THE BAILEY COMPANY (ARBY'S) / CUP-00-039
SEAL
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-15-00
IN THE MATTER OF THE APPLICATION OF
THE BAILEY COMPANY, FOR A
CONDITIONAL USE PERMIT FOR AN ARBY'S
RESTAURANT IN THE FAMILY CENTER, IN
I-L ZONE, LOCATED AT THE SOUTHEAST
CORNER OF EAGLE AND FAIRVIEW,
MERIDIAN, IDAHO
CASE NO. CUP-00-039
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 5~h day of September,
2000, under the provisions of Meridian City Code § 11-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for an
Arby's Restaurant with drive-thru, and the proposed application request of a
conditional use permit for the construction, development, maintenance and use for
an Arby's Restaurant with drive-thru, as described in the "VICINITY MAP,
Project No. 191-07, Drawn By: NAK, Checked By: SHS, Sheet 1 of 1, Drawing File
Name: arbys cu sub.dwg 5-31-00 4:34:16 pm, Quadrant Consulting, Inc., Arby's
Meridian Crossroads - Phase 1 Conditional Use Submittal," The Bailey Company,
LLLP and TFCM Associates, LLC,, Developer, for the development of the
aforementioned commercial development for a commercial development consisting of
an Arby's Restaurant with drive-thru and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14
BY THE BAILEY COMPANY / CUP-00-039
Pad P-2 within Meridian Crossroads Shopping Center:
A parcel of land located in the Northwest 1/4 of Section 9, T. 3N., R. 1E., B.M.,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of said Section 9 from which the West 1/4
corner of said Section 9 bears South 0 l°08'42'' West, 2649.45 feet; thence South
64°35'27'' East, 200.42 feet to a point on the southerly right-of-way line of West
Fairview Avenue, as described 'by Exhibit "B" of warranty deed Instrument No.
99072864, Records of said Ada County, said point being the REAL POINT OF
BEGINNING;
thence along said southerly right-of-way line South 89°22'10'' East, 3 ! 7.30 feet;
thence North 87°53'02'' East, 500.81 feet;
thence South 89°22'10'' East, 954.73 feet;
thence leaving said southerly right-of-way line and along the westerly right-of-way
line of Records Avenue, as described by Exhibit "C" of said warranty deed Instrument
No. 99072864, the following courses;
thence South 44028'35'' East, 41.07 feet;
thence South 00°25'00'' West, 344.46 feet;
thence South 9°55'31'' East, 69.63 feet;
thence South 00024'57'' West, 241.74 feet to a point on a non-tangent curve to the
left;
thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central
angle of 15°29'04'' and a long chord of 53.86 feet which bears South 8o58'50'' East;
thence South 18o08'07'' East, 80.48 feet;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14
BY THE BAILEY COMPANY / CUP-00-039
thence South 07020'43" East, 10.42 feet to a point on the northerly boundary of
Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780,
records of Ada County, Idaho;
thence leaving said westerly right-of-way line and along said northerly boundary of
Crossroads Subdivision No. 5, North 89035'32'' West, 228.44 feet to the northeast
corner of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519
and 7520, records of Ada County, Idaho;
thence leaving said northerly boundary and along the northerly boundary of said
Crossroads Subdivision No. 4, North 89o35'32'' West, 796.15 feet to an angle point
thereon;
thence South 01°08'13'' West, 62.50 feet to an angle point thereon;
thence North 88°51'47" West, 287.81 feet along said northerly boundary to the
northwest corner of said Crossroads Subdivision No. 4;
thence leaving said northerly boundary line and along the westerly boundary line of
said Crossroads Subdivision No. 4 South 01°08'13'' West, 29.48 feet to the most
northwesterly corner of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at
Pages 6644 and 6645 records of Ada County, Idaho;
thence leaving said westerly boundary and along the westerly boundary of said
Crossroads Subdivision No. 1, South 01°08'13" West, 620.13 feet to a point on a
non-tangent curve to the left, said point also being on the northerly right-of-way line
of E. Presidential Drive;
thence leaving said westerly boundary line and along said curve and said northerly
right-of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central
angle of 45°26'02'' and a long chord of 199.90 feet which bears North 66008'49'.
West;
thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the right;
thence along said curve to the right 47.13 feet, said curve having a radius of 30.00
feet, a cental angle of 90000'32'' and a long chord of 42.23 feet which bears North
43°51'34" West, to a point of intersection with said curve and the easterly right-of-
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14
BY THE BAILEY COMPANY / CUP-00-039
way line of Eagle Road as described in warranty deed Instrument No. 8857970,
records of said Ada County;
thence leaving said northerly right-of-way line and along said easterly right-of-way
line North 1°08'42'' East, 1589.72 feet to an angle point thereon;
thence North 58°10'31" East, 134.35 feet to the Real Point of Beginning, contains
50.11 acres, more or less.
2. That the above named applicant is granted a conditional use permit for an
Arby's Restaurant with drive-thru, located at the southeast corner of Eagle and
Fairview Roads, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of Planning and Zoning and Engineering as follows:
2.1
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. Plans shall
be approved by the appropriate irrigation/drainage district, 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.
2.2
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3
Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance (Ord. 11-13).
2.4
Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development Ordinance
(Ord. 11-13-4) and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.5
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
all off-street parking areas. All site drainage shall be contained and
disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 1 1-13-4.C. and 12-5-2.M.
All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance (Ord. 11-14).
No temporary signage, flags, banners or flashing signs will be
permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.K).
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Ada County Highway District (ACHD) has issued a letter to the
City of Meridian stating that the Family Center project now exceeds
450,000 gross square feet. Site specific requirement No. 7 of the
ACHD Commission action on the Family Center development
requires that once the 450,000 s.f. threshold is reached,
improvements to the intersection of Fairview and Eagle Road must
be constructed. No building permits shall be issued for this project
until all ACHD required improvements are complete, unless
otherwise approved by ACHD.
Sanitary sewer and water service to this site shall be provided by
extension of existing lines within the Family Center.
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.
Underground pressurized irrigation shall be provided to all landscape
areas on site. Submit hook-up and design details based on the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14
BY THE BAILEY COMPANY / CUP-00-039
proposed landscaping. Landscape irrigation shall be via the
pressurized irrigation system being installed in the Family Center.
2.14
A conceptual landscape plan was submitted with the application
with a note that the actual landscape plan shall be provided by the
Land Group, Inc. The proposed pad layout is significantly different
than the original parking and landscaping layout. Applicant shall
verify that the proposed number of trees is in compliance with the
approved landscape plan for the site. A detailed landscape plan shall
be submitted with the Certificate of Zoning Compliance application.
Change the proposed rock ground cover to bark mulch to match the
other landscape areas within the development.
2.15
The proposed 12-foot and 14-foot drive aisles are subject to
Meridian Fire Department approval.
2.16
Coordinate screened trash enclosure location and construction
requirements with Sanitary Service Company. Submit a letter of
approval from Sanitary Services Corp. (SSC) when applying for a
building permit. All trash areas are to be enclosed by a screening
fence on at least three (3) sides.
2.17
Handicap parking, associated signage and building construction shall
meet the requirements of the Americans with Disabilities Act.
2.18
Freestanding signs for the project shall be limited to the single
monument sign shown on the plan. All signage shall be subject to
design review and requires separate permits. Any temporary or A-
frame signs shall be prohibited as a condition of approval, and will
be removed upon 3 days notice.
Adopt the recommendations of the Ada County Highway District as follows:
2.19
Comply with requirements of ITD for Eagle Road (State Highway
55) frontage. 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.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.20
Dedicate sufficient additional right-of-way to total 66-feet from
centerline of Fairview Avenue from the intersection with Eagle Road
for a distance of 650-feet east of the intersection, then taper to 60-
feet from centerline in 200-feet, and continue 60-feet of right-of-way
to the east bounddry of the development (See 4. below).
The fight-of-way shall be dedicated by means of recordation of a
final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever
occurs first.
2.21
Dedicate sufficient right-of-way abutting Eagle Road for the future
Eagle Road Interchange. Coordinate the right-of-way requirements
with District staff. The fight-of-way is generally described as being a
minimum of 226-feet wide (113-feet east of centefline) from
Fairview Avenue south for 600-feet. The right-of-way needs then
taper to 146-feet wide (73-feet from centerline to a point 1,400-feet
south of Fairview Avenue.
2.22
Dedicate sufficient right-of-way abutting Fairview Avenue for the
future Eagle Road interchange. Coordinate the right-of-way
requirements with District staff. The right-of-way is generally
described as being a minimum of 176-feet wide (84-feet south of
centerline) from Eagle Road east for 500-feet, then tapering to 120-
feet (60 from centerline) at 1,000 feet east of Eagle Road.
2.23
Dedicate 76-feet of right-of-way (38-feet from the centerline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of fight-of-way (30-feet from centerline)
for Records Drive from that point to the south boundary of the
parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit
(or other required permits), whichever occurs first.
2.24
Prior to beginning a phase of the development that exceeds 450,000
gross square feet, construct the needed improvements to create dual
left-turn lanes on the two Fairview Avenue approaches of the
Eagle/Fairview intersection and fight-turn lanes on all legs of the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.25
intersection. The developer shall be allowed to offset the cost of the
two left turn lanes on the Fairview Avenue legs of the intersection
from the impact fee to be collected for the development.
Prior to the construction of any portion of the development south of
Presidential Drive, construct the needed improvements to create dual
left-turn lanes on the eastern approaches of the Eagle/Pine
intersection.
2.26
2.27
2.28
2.29
2.30
2.31
Construct a five-foot sidewalk on Fairview Avenue abutting each
development phase (approximately 2,600-feet total) prior to issuance
of any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to
issuance of a building permit.
Construct a five-foot sidewalk on Eagle Road abutting each
development phase (approximately 2,600-feet total) prior to issuance
of any Certificate of Occupancy. The construction plans for the
development showing the sidewalk shall be approved prior to
issuance of a building permit.
Prior to opening of the development, construct pavement widening
on Fairview Avenue to one half of an 89-foot street section abutting
the parcel (approximately 2,600-feet).
Prior to opening of the development, construct pavement widening
on Fairview Avenue to add one eastbound lane from Eagle Road to a
point 500-feet west where the existing improvements end.
Construct a five-foot sidewalk on Pine Avenue abutting each
development phase (approximately 1,300-feet) prior to opening of
any development south of Presidential Drive.
Construct the four driveways on Fairview Avenue as proposed. The
driveways shall be located as proposed on the site plan dated 8/3/98,
prepared by Quadrant Consulting, Inc. and on file with the District:
approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of
Eagle Road respectively.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14
BY THE BAILEY COMPANY / CUP-00-039
a. The western driveway on Fairview Avenue (Driveway A) is to be
constructed as a right-in/right-out driveway, with driveway width
limited to 30-feet and a minimum storage length of 50-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Fairview Avenue. Extend the existing median island in Fairview
Avenue from its easterly terminus to a point 50-feet east of the
eastern edge of driveway A and construct pavement tapers with 15-
foot radii.
b. The second driveway on Faiveiew Avenue (Driveway B) is to be
constructed as a full access driveway with a width limited to 40-feet.
The minimum storage length shall be 100-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with 15-foot radii.
c. The third driveway on Fairview Avenue (Driveway C) is to be
constructed as a full access driveway with a driveway width limited
to 40-feet. The minimum storage length shall be 100-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Fairview Avenue. Construct pavement tapers with 15-foot radii.
d. The fourth driveway on Fairview Avenue (Driveway D) is to be
constructed as a full access driveway with a driveway width limited
to 40-feet. The minimum storage length shall be ! 00-feet for
outbound traffic and 50-feet for inbound traffic. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with 15-foot radii.
2.32
Construct Records Drive as a 65-foot street section (with curb, gutter
and five-foot sidewalk) from Fairview Avenue to a point 300-feet
south of Fairview Avenue. Records Drive shall be located
approximately 2,100-feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes and one
northbound through/right-turn lane. Two southbound lanes are
needed from Fairview Avenue to a point 300-feet south of Fairview.
Dedicate sufficient right-of-way for the noted improvements.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.33
2.34
2.35
2.36
2.37
Construct Records Drive as a 41-foot street section (with curb, gutter
and five-foot sidewalk) from a point 300-feet south of Fairview
Avenue to the existing stub street within the Crossroads subdivision.
Construct a traffic signal at the Fairview/Records intersection.
Provide and install an Opticom device for emergency vehicle pre-
emption of the signal to the satisfaction of ACHD and the Meridian
Fire Department. Other materials for the traffic signal are to be
purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal shall be designed to allow the future
construction of dual left-turn lanes on Fairview Avenue. Submit the
signal design to District staff for approval prior to construction.
Construct a driveway on Eagle Road aligned with Florence Street as
a full access driveway. The driveway width should be limited to 40-
feet. The minimum storage length should be 100-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Eagle Road. This driveway may be restricted to right-in/right-out
movement in the future. Construct a deceleration lane for the
driveway.
Construct Pine Avenue as a 28-foot street section from the project's
eastern property line to a point approximately 400-feet east of Eagle
Road. Widen the approach to Eagle Road to provide two westbound
left turn lanes, one westbound through lane and one westbound
right-turn lane. Coordinate the roadway design with District staff.
Prior to the commencement of construction of the area south of
Presidential Drive, construct a traffic signal at the Eagle/Pine
intersection. Provide and install Opticom device (an optical
communication device for emergency vehicle pre-emption of the
signal operation) as part of the signal installation. The District shall
provide the materials for the signal (with the exception of the
Opticom device) as its share of the entire Pine Avenue construction
from Eagle Road to the east boundary of the development. Submit
the signal design to District staff for approval prior to construction.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.38
2.39
Should the ACHD roadway project to extend Pine Avenue from
Eagle Road to Cloverdale Road precede the development expansion
south of Presidential Drive, all features related to Pine Avenue are to
be constructed by the applicant prior to the building permit issuance
for the development south of Presidential Drive or the cost therefor
paid to the District. Specifically, this includes the extra left-turn
lanes onto and off of Eagle Road and into the full access driveway
from Pine Avenue into the development.
Reconstruct the western median in Presidential Drive to provide a
left turn lane at the entrance to the project site (at the store fronts).
Provide a minimum of 100-feet of storage area for the new turn lane.
Coordinate the roadway design with District staff.
Construct a full access driveway on Presidential Drive as proposed
340-feet east of Eagle Road. The driveway width shall be limited to
30-feet. The minimum storage length shall be 50-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Presidential Drive.
2.40
Construct a full-access driveway connection to Presidential Drive at
the midpoint between Eagle Road and the project roadway in front
of the stores. The minimum storage length shall be 50-feet. Install a
36" by 36" high intensity STOP sign at the driveway's intersection
with Presidential Drive.
2.41
2.42
2.43
Construct a full access driveway on Presidential Drive as proposed
620-feet east of Eagle Road. The driveway width shall be limited to
30-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Presidential Drive.
Reconstruct the westbound approach at the Eagle Road/Presidential
Drive intersection to provide two westbound travel lanes. Coordinate
the roadway design with District staff.
Construct deceleration tapers at each of the driveways on Eagle
Road. Coordinate the design with lTD staff.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.44
Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Pine Avenue or Fairview
Avenue is prohibited.
2.45
Construct a full access driveway on Records Drive as proposed 175-
feet south of Fairview Avenue, limited to 30-feet of driveway width.
The minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with Records
Drive.
2.46
Construct a full access driveway on Records Drive as proposed 300-
feet south of Fairview Avenue, limited to 30-feet of width. The
minimum storage length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Records
Drive.
2.47
Construct a full access driveway on Records Drive as proposed 500-
feet south of Fairview' Avenue, limited to 30-feet of driveway width.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Records Drive.
2.48
Construct a full access driveway on Records Drive as proposed 800-
feet south of Fairview Avenue, limited to 30-feet of driveway width.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Records Drive.
2.49
Construct a right-in/right-out driveway on Pine Avenue 175-feet east
of Eagle Road, limited to a driveway width of 30-feet. The minimum
storage length shall be 100-feet. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Pine Avenue. A
median island shall be installed in Pine Avenue from the stop bar at
Eagle Road to a point 50-feet east of the driveway.
2.50
Construct a full access driveway on Pine Avenue as proposed 340-
feet east of Eagle Road, limited to 30-feet of driveway width. The
minimum storage length shall be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Pine Avenue.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.51
Construct a full access driveway on Pine Avenue as proposed 620-
feet east of Eagle Road, limited to a driveway width of 30-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Pine Avenue.
2.52
Construct and install traffic calming facilities on Presidential Drive
beginning at the eastern property line of the development and
extending through the intersection with Fillmore Way. Coordinate
the design and placement of the calming facilities with District staff
and the Crossroads Subdivision Owners Association.
2.53
Modify the site plan to create a vehicular way behind the pads
fronting on Fairview Avenue and Eagle Road (approximately 100-feet
into the site) to connect Records Drive and Pine Avenue. Install curb
returns at the intersections of this vehicular way with Records Drive
and Presidential Drive. Install STOP signs on the access aisles
intersecting with this vehicular way and install STOP signs on the
vehicular way at its intersections with Records Drive, the five major
driveways into the site, Presidential Drive and Pine Avenue.
Coordinate the location of the vehicular way with District staff.
Adopt the Recommendations of the Central District Health Department as follows:
2.54
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.55 Run-off is not to create a mosquito breeding problem.
2.56
Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
2.57
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for
stormwater disposal and design a stormwater management system
that prevents groundwater and surface water degradation.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14
BY THE BAILEY COMPANY / CUP-00-039
2.58 Applicant shall submit plans for a food establishment.
Adopt the Recommendations of the Fire Department as follows:
2.59 All codes shall be met.
Adopt the Recommendations of the Nampa & Meridian Irrigation District:
2.60
Ail laterals and waste ways shall be protected. Ail municipal surface
drainage shall be retained on site. If any surface drainage leaves the
site, the District shall review the drainage plans. The developer shall
comply with Idaho Code 31-3805.
Adopt the Recommendations of the Sanitary Service as follows:
2.61
Hang the gates and maximize opening width.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 1 !- 17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the ~ -~--~ day of
,2ooo.
d~-D. ~Z~rrrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zonin~ Department, Public ,~,,orks
Departme~t_~, and City Attorney. ~ ,,"~'~'""°"'~ ~""'~ ~%',
B.~t3.Clerk . / ¢ Dated: ~ ~ [~ff~°%~'
~g/Z:XWork~efidian 15360~rby's C~039XC~Ordeffi39 ~X..~57~ 18~' ~..,t
O~ER OF CO~ITIONAL APPROVAL OF CO~ITIONAL USE PE~IT - PAG~~~,O~'~,4~ ,~
BY ~E BAILEY COMPA~ / C~-00-039 '~%~N~ ' ~'~x