02-970 RZ St. Als 00-010 (102098127)
ADA COUNTY RECORDER
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102098127
2002 AU 29 AI-1 9: 13
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MER\D\AN c\1Y
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CITY OF MERIDIAN
ORDINANCE NO. 02- C¡7 t?
AN ORDINANCE FINDING THAT SAINT ALPHONSUS REGIONAL MEDICAL
CENTER IS THE OWNER OF CERTAIN REAL PROPERTY AND HAS MADE A
WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR
REAL PROPERTY SOUTHEAST CORNER OF TEN MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY
OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING
DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN
CITY CODE § 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS
OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY
ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF
THE CITY OF MERIDIAN, IDAHO.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS:
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The owner of the following described property has made a written request
for are-zone of the zoning classification for the subject Real Property
herein described from R-4 (Low Density Residential) District to L-O
(Limited Office) District as defined under Meridian City Code § 11-7-2 G;
and
The City of Meridian Planning and Zoning Commission and City Council
having given notice and conducted all public hearings in accordance with
law and having issued its findings offact and conclusions of law and
Decision and Order granting the application for rezone; and
2.
ST. AJ..'S / (L-O) RZøOO-OlO / RE-ZONE ORDINANCE - 1
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3.
The real property which is the subject of this ordinance is legally described
as follows;
A parcel ofland located in Section II, Township 3 North, Range 1 West of the Boise
Meridian, Ada County, Idaho more particularly described as follows:
Conunencing at the comer conunon to Sections 2,3, 10 and 11 of Township 3 North,
Range 1 West of the Boise Meridian, Ada County, Idaho from which point the North 1/4
comer of said Section 11 bears South 89°03'40" East a distance of2653.23 feet; thence
South 00°00'00" West along the westerly boundary line of said Section II a distance of
300.00 feet; thence leaving said Section line South 89°03'40" East a distance of 45.01 feet
to the TRUE POINT OF BEGINNING; thence South 89°03'40" East a distance of681.14
feet; thence South 00°00'00" West a distance of274.92 feet; thence South 89°20'00" East
a distance of 416.35 feet; thence North 00°00'00" East a distance of 522.38 feet to a point
on the southerly right-of-way line of Cherry Lane; thence along said southerly right-of-
way line, North 89°07'31" West a distance of 1067.02 feet; thence South 44°30145" West
a distance of 43.47 feet to a point on the easterly right-of-way line ofTen Mile Road;
thence along said easterly right-of-way line South 00°00'00" West a distance of216.74
feet to the POINT OF BEGINNING.
Said parcel contains 386,613 square feet or 8.88 acres more or less.
4.
The following conditions shall be required as follows to-wit:
Adopt the Reconunendations of the Planning and ZOJûng and Engineering staff as follows:
4.1
The Applicant shall be required to enter into a Development Agreement with the
City.
4.2
The following conditions pertaining to the proposed bank site shall be included in
the Development Agreement:
a.
The bank parcel, as configured, has been shown for conceptual approval
within the context of the proposed rezone. If there are significant
modifications, as detennined by staff, at the time a specific bank and site
configuration are detennined, such modifications shall require application
for a modification of the culTent CUPIPUD application. As a modification,
the bank parcel shall be reviewed on its own merit and either approved or
ST. AL'S I (L-O) RZ-OO-OI0 I RE-ZONE ORDINANCE - 2
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denied without jeopardizing or compromising the approval of the current
CUPIPUD application for Saint Alphonsus Medical Office Building.
Significant modifications shall include, but not be limited to, expansion of
the total building square footage, addition of any drive-thru aisles, change
in building height (e.g. anything above single story), etc.
Additionally, in the event a bank project does not materialize, then
applicant shall be allowed to develop any other principally allowed LwO use
on that parcel, subject to staff's review and approva1. If the nature of such
a development were determined by staff to exceed the conceptual intent of
the current CUPIPUD, then that change would also be require a
modification as noted above. To clarify, any such modification shall be
reviewed on its own merit.
b.
To clarifY. the bank parcel is conceptual at this point. Any future
development or action on this parcel is intended to be independent of the
cuuent application and approvals. specifically the ambulatory care/medical
office building portion. The bank parcel. in no way. shall jeopardize the
ability to proceed with the balance of the development.
The construction materials for the proposed bank must include metal
roofing and either brick or brick veneer. The material color palette
presented are conceptual at this time. Applicant has fteedom to modifY
colors in the future. subject to staff's review.
c.
All required parking stalls and landscaping must be located within the
boundaries of the future bank parcel. As proposed, the row of nine (9)
stalls along the east boundary of the bank parcel have no access to the
bank. Applicant has updated the Master Site Development Plan providing
an access point through the landscape berm along the east property line of
the bank parcel to allow more direct access from these (9) parking stalls to
the bank.
4.3
Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
4.4
Off street parking shall be provided in accordance with the city of Meridian
ordinance 11-13 for use of undeveloped lots.
ST. AL'S / (L-O)RZ-OO-OlO / REwZONE ORDINANCE w 3
4.7
4.8
4.9
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4.5
Outside lighting shall be designed and placed in accordance with City Ordinance
Sections 11-13-4.C. and 12-5-2.M.
4.6
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. All site drainage shall be contained and disposed of on-
site.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City of Meridian Zoning and Development Ordinance. No temporary signage,
flags, banners or flashing signs will be permitted.
Provide five-root-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
4.11
4.10
Construct a 30 to 35-foot wide right-inlright-out driveway on Ten Mile Road
located approximately 220-feet south of the signalized intersection at Cherry Lane
as proposed. Construct a six-inch raised median in the center ofTen Mile Road,
ûom a point 10-feet south of the stop bar at the intersection to a point
approximately 40-feet south of the southern edge of driveway. The median shall be
constructed to NOT restrict the existing driveways on Ten Mile Road. Coordinate
the design and location of the median with District staff. Submit a design of the
median to the District's Traffic Service's Supervisor for review and a letter of
approval.
Construct a 30 to 35-foot wide right-inlright-out driveway on Cherry Lane located
approximately 230-feet east of the signalized intersection at Ten Mile Road as
proposed. Construct an on-site median to restrict the driveway to right-in/right-out
operations. Submit a design of the median to the District's Traffic Service's
Supervisor for review and a letter of approval. Sign the driveway for right turn
movements. The applicant may construct this driveway a maximum width of 40-
feet to accommodate the on-site median.
ST. AL'S I (L-O) RZ-OO-OIO I RE-ZONE ORDINANCE - 4
4.13
4.14
4.15
4.16
4.17
4.18
4.12
Construct a 46-foot wide driveway on Cheny Lane located to align or offset a
núnimum of 150-feet ITom any existing or proposed driveways. Submit a site plan
that indicates existing driveway locations on the north side of Cherry Lane to
verifY that the proposed driveway meets District policy. The eastern most
driveway on Cherry Lane shall be shifted approximately 60 feet to the east to
accommodate this policy. The revised Master Site Development Plan reflects this
change. An island is required within the driveway and should be constructed a
núnimum of 4-feet wide and located outside of the public right~of-way.
Construct a 30 to 35-foot wide driveway on Cherry Lane located to align or offset
a minimum of 1 50-feet from any existing or proposed driveways. Submit a site
plan that indicates existing driveway locations on the north side of Cherry Lane to
verifY that the proposed driveway meets District policy.
Pave all ofthe driveways their full width and at least 3D-feet into the site beyond
the edge of pavement with I5-foot curb radü.
Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard
curb, gutter and concrete sidewalk to match existing improvements.
Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten Mile
Road with new curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined by ACED
Construction Services staff.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
Other than the access points specifically approved with this application, direct lot
or parcel access to Ten Mile Road or Cherry Lane is prohibited.
Adopt the additional action of the Council from their February 20,2001, meeting by
incorporating the Applicant's letter of 02/12/01 as follows:
4.19
Pertaining to the site lighting, the applicant shall comply with the ordinance
requirements, and specifically, the site lighting shall be designed so that light does
not directly reflect or spi1l over into adjacent residential districts, that the site
lighting arrangement shall be approved by the City Engineer and that applicant
ST. AVS / (L-O) RZ-OO-OIO / RE-ZONE ORDINANCE - 5
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comply with the listed site lighting standards. A Conceptual Site Lighting Plan has
been submitted to show the proposed site lighting arrangement, light levels and
fixture types, and is on file with the City Clerk's offi.ce.
4.20
The "Hours of Business Operation" shall be defined as "Hours during which the
facility is actually open for business and patients are on the prenùses being seen or
treated." Additionally, to clarify facility maintenance, before or after hours staff
preparation or other sinùlar activities occurring when the facility is not open for
business are not subject to "Hours of Business Operation" restrictions.
SECTION 2. That the above-described Property be, and the same is hereby re-zoned and
designed (1-0) Limited Office District.
SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the
official zoning maps depicting the City of Meridian land use zones in accordance with this
ordinance.
SECTION 4: AIl ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annul1ed.
SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
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~:!l- BY ~:O~OUNCIL OF THE CITY OF MERIDIAN, IDAHO, this. day of
ST. AL'S / (1-0) RZ-OO-OIO / RE-ZONE ORDINANCE - 6
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APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20-/1...
day of ~96 ,2002. -
ATIEST:
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First Reading: 0- £--V-v "'-'-'-'II,COlJNî'l . ~\\"..."
Adopted after first reading by)(pension iW"he¡Rutè\~s allowed pursuant to Idaho Code
50-902 Yes: No:
Second Reading: -
Third Reading:
STATE OF IDAHO,)
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County of Ada. )
On this 1.£> day of Au15u.~, , before me, the undersigned, a Notary
Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR,
known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within
instrument, and ac1mowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written~. o. . eND a . '" ..
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ORDINANCE NO. 02--<:;70
St. Alphonsus -
Section 11, T3N, R1W
CITY OF MERIDIAN
IlOO E. WATERTOWER, SUITE200
MERIDIAN, IDAHO 83S42
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To:
The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G, BERG, JR" City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. tJz'-97o
passed by the City Council of the City of Meridian, on the :zo1Z- day of ~h--.f I-
2002-, is a true and correct copy of the original of said document which is in tne
care, custody and control ~t\1¡hftIGi17y, Clerk of the City of Meridian.
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On this 1» da~ of _~a W ,in the year 2002- , before me,
~1'1'"Vl. ~ YV\...<..~ , a Notary Public, appeared
WILLIAM G. BERG, JR., known Of identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
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