Loading...
02-970 RZ St. Als 00-010 (102098127) ADA COUNTY RECORDER J. aMID Hf'.,W..Rr\O [,.'i>S,;:::. ¡¡VYQ q~ ~E:,C;DD~::::~ 102098127 2002 AU 29 AI-1 9: 13 '-'- --.~------- .-- --n-_- MER\D\AN c\1Y .- - . - 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: L 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 ( C' 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 ( ( 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 i: « 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 ( 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. 2e-lf.- ~:!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 /' ( ( APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20-/1... day of ~96 ,2002. - ATIEST: SEAL - y. & ~ &-J .-;'- a ,q¡ Of City Clerk "1-;0 os¡- 1S\ . ~ ~ t!? <'7 ,., . f) z;.. 1- -;..¡ ~ ~ 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,) : ss. 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 . '" .. . SA~. . ~---~~~~.I':. l~/~O'f~,~\ ~h~rrn~ a : \ II (SEAL) : ~ : :: NOTARY PUBLIC FOR IDAHO . , I III ---A' Lt .. .. , J RESIDING AT: o{DI ~ .;cJ' ...~¿,,~\ç..(,¡O... MY COMMISSION EXPIRES: Jf~~ "..' ~?1?~--~ n)}'~;. ... 01 ..eo msg\Z:\WorlÙM\Meridian\Meridian .1~r60M\StAls RZO 1 OCUPO~6\RZOrdinance ST. AL'S I (L-O) RZ-OO-OlO IRE-ZONE ORDINANCE R 7 (\\~~\~/)r;i)iÐ~ . j/ / -C'--/ " "'- "--"'" i -J- \2 ,,- '.'_~7".'="-='~,-"7~' ~I~¡;~.i II = ~ ~')"""'--.':'.."-:,,,,' ",." 8 Ll'>,,- i ,; i 1---"! Z i r"-H'~---1~'¡;= - I 18 ~ \1 '0 ' ! i ? ~ S89°03'40'E i-, , ~I\.:~~~;;' j ,,' ../ .' .' r----------".. " \. \,' ,..-....-- "'-'-"'~--~"---""-" "..._--,----", \ ét~.~[f;1,Jt{~t}:= =I~(~ç]! ; "i I i ì , \ V' , ! :;¡¡¡¡¡¡¡,~_i ---'----"'---"l=:c~:c:?:~-:::o::".'""" ! r~----"-~--"---""'-' ~ ~¡II-T ORDINANCE NO. 02--<:;70 St. Alphonsus - Section 11, T3N, R1W CITY OF MERIDIAN IlOO E. WATERTOWER, SUITE200 MERIDIAN, IDAHO 83S42 . - !~"~.,,---"---""-'---"_... ""'-j -~"""".~".", SCALE:NTS Dale: 8115.'02 DRAVItj SY:SJO ( "'.> 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. \\\\\\ Of MË~!.","II,/. "" ~-.\. <-t:a "".... ~' ..., POl::>., " ¡..z,. '? $ v- cp'f'l. ""'I~~ ~ t <f "~-~Þ-~ I >L ~ 7. & WSLLIAM G. BERG, JR. ~ ~ "Øj 0$ %"PC ~T 1$'{ . ..t.f ':<.., '1 n-. '(\) ,~' ""I, ,",uuN'f'{. :0.\' STATE OF IDAl-IO, 111')1/11111111\\\\""\ : S5. County of Ada, ) 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. (SEAL) ........ .4 N SA:.- .-- ;,""o"'TA~~.Â4. . ,'~ -~,..~..,¡.... -to' ~ .,..... ~""ø .., , \ II . , \ . . : I 81 . , , OJ ':,.\ I: . \.... A_..C/O 4> ._~";:..'!~~..~~-- .-~?)!OF1P~. ....... ~h MI'VLSIìÙ+L- Notary Public for Idaho Commission Expires: 1 ~Z8--oÇ" msg\Z:\ Work\M\Meridian\Meridian J 5360M\StAls RZO I OCUPO5 6\CertificationOfClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-OO-OO6