HomeMy WebLinkAboutCornfield Maize, The CUP-00-035BEFORE THE MERIDIAN CITY COUNCIL
08-02-00
IN THE MATTER OF THE )
APPLICATION OF SAMUEL M. )
JOHNSON AND THE MAIZE, )
LLC, FOR A CONDITIONAL USE )
PERMIT THE OPERATION OF A )
CORNFIELD MAZE, LOCATED )
AT THE SOUTHEAST CORNER )
OF 1-84 AND SOUTH EAGLE )
ROAD, MERIDIAN, IDAHO )
)
Case No. CUP-00-035
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 1, 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 Shaft Stiles, Planning and Zoning Administrator, appeared and
testified at the heating, and the Applicant, Samuel Johnson, 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 received the staff report
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 12
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-O0-035
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 otherwise 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 / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
Page 2 of 12
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 Tide 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 General Retail and Service
Commercial (C-G) 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 12
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
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 1,
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 extemal boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been
posted upon the property under consideration more than one week before said hearing
and 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 1, 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 Page 4 of 12
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
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 §§ ! 1-15-5 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 zi, 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 Road and 1-84,
Meridian, Idaho.
5. The owner of record of the subject property is Idaho Elks Rehabilitation
Hospital of Boise.
6. Applicant is The Maize/Samuel M. Johnson of Boise.
7. The subject property is currently zoned C-G. The zoning district of C-G
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2. lC
o
operation a cornfield maze.
The proposed application requests a conditional use permit for temporary
The C-G zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-03$
Page 5 of 12
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 "SITE PLAN,
CORNFIELD MAZE, 1020 S. Eagle Rd.", for Samuel M. Johnson and The Maze, LLC,
developer, for the operation of a cornfield maze, located at the southeast corner of 1-84
and South Eagle Road, Meridian, Idaho, and which property is described as:
The North one half of the Southwest quarter of Section 16, Township 3 North,
Range 1 East of the Boise Meridian, in Ada County, Idaho; Excepting therefrom
the property taken by the State of Idaho for the construction of Interstate
Highway Project No. 1-80N-1 (28) 45 between station 2428+40.52 to station
2455 +60.04, described in that Judgement and Decree of Condemnation dated
July 29, 1965, recorded August 20, 1965 as Instrument No. 619430, records of
Ada County, Idaho; and except thereof the property taken by the State of Idaho
for the construction of that a certain public highway known as Interstate 84,
Project IP-84-1 (12) 45 between highway station 2423+88.30 to 2448+64.82,
described in that Second Judgment and Decree of Condemnation dated June 25,
1990, recorded July 2, 1990 as Instrument No. 9034963, records of Ada
County, Idaho.
12. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE,,LLC / CUP-00-035
Page 6 of 12
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.
13. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
14. 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.
' 15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
Page 7 of 12
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. 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.
19. Sufficient parking for the proposed use of the property will be
provided.
20. 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 the operation of a
cornfield maze, located at the southeast comer of 1-84 and South Eagle Road,
Meridian, Idaho, and described in the .... SITE PLAN, CORNFIELD MAZE, 1020 S.
Eagle Rd.", for Samuel M. Johnson and The Maze, LLC, developer, for the
development of the aforementioned project, and which property is described as:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE,iLLC / CUP-00-035
Page 8 of 12
The North one half of the Southwest quarter of Section 16, Township 3 North,
Range 1 East of the Boise Meridian, in Ada County, Idaho; Excepting therefrom
the property taken by the State of Idaho for the construction of Interstate
Highway Project No. 1-80N-1 (28) 45 between station 2428+40.52 to station
2455+ 60.04, described in that Judgement and Decree of Condemnation dated
July 29, 1965, recorded August 20, 1965 as Instrument No. 619430, records of
Ada County, Idaho; and except thereof the property taken by the State of Idaho
for the construction of that a certain public highway known as Interstate 84,
Project IP-84-1 (12) 45 between highway station 2423+88.30 to 2448+64.82,
described in that Second Judgment and Decree of Condemnation dated June 25,
1990, recorded July 2, 1990 as Instrument No. 9034963, records of Ada
County, Idaho.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Operation from the first weekend in September until the follo~ving Halloween
sub}ect to the follo~ving:
Adopt the Recommendations of the Planning and Engineering Staff as follows:
2.1
2.2
The project implementation period shall be limited to the first Friday in
September through the first weekend in November.
Applicant shall be required to provide daily watering, sufficient to act as
dust containment.
'2.3
All trash shall be endosed to ensure litter does not migrate to adjacent
properties.
2.4
Any high-voltage lights used on the site shall be situated so as to prevent
any glare on 1-84.
2.5
The applicant proposes two 8'x 12' signs near the northeast comer of the
property and additional 4'x 4', 4'x 8', and 2'x 2' directional signs off-site
for traffic flow. All signs shall be located outside of the lTD and ACHD
rights-of-way. There shall be only two 8'x 12' signs. Off-premise signs are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE,.LLC / CUP-00-035
Page 9 of 12
specifically prohibited as per Ordinance 11-14-3-F. All signage is subject
to design review and requires separate permits.
2.6
Restriction on Racldaam Road shall be right-in/right-out only. Applicant
shall contact ACHD prior to beginning operation to confirm their
decision on type of access. Applicant shall provide ACHD annually with
a traffic control plan for ingress and egress to the site 30 days in advance
of each opening date and shall obtain a yearly review. All future design
plans and construction shall be in accordance with the ACHD Policy
Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless
specifically waived in writing by the District.
2.7
Applicant shall comply with the Central District Health Department
requirement regarding the number of portable toilets on site.
2.8
Applicant shall use the non-waste of the existing agricultural products
during the creation of the corn maze site.
Adopt the Recommendations of the Fire Department as follows:
2.9 Applicant shall provide a diagram drawing of the maze layout.
2.10 Haystacks on the property shall be fenced.
2.11 Emergency exits out of the maze shall be provided to the satisfaction of
the Fire Department.,
'2.12 Fire extinguishers shall be provided and advertised.
2.13 "No Smoking" signs shall be posted.
2.14 The wallcvvay shall be wide and the cornstalks plowed up.
2.15 Annual review is required by the Fire Department, 30 days in advance of
opening date.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
Page 10 of 12
accordance with this Decision, which shall be signed by the Mayor and City Clerk 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, Tide 67,
Idaho Codel
By action of the City Council at its regular meeting held on the
of¸
day
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
Page 11 of 12
ROLL CALL
COUNCILMAN ANDERSON
VOTED 4?dS~'~
COUNCILMAN BIRD
VOTED
COUNCILMAN deWEERD
VOTED
COUNCILMAN McCANDLESS
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
MOTION:
VOTED
APPRO~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Dated:
msg/Z:\WorkCdX~vleridian 15360M'xMAZE CUI%CUPFfClsOrdDec
SEAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON
THE MAIZE, LLC / CUP-00-035
Page 12 of 12
BEFORE THE MERIDIAN CITY COUNCIL
08-02-00
IN THE MATTER OF THE )
APPLICATION OF SAMUEL M. )
JOHNSON AND THE MAIZE, LLC, )
FOR A CONDITIONAL USE PERMIT )
THE OPERATION OF A )
CORNFIELD MAZE, LOCATED AT )
THE SOUTHEAST CORNER OF 1-84
AND SOUTH EAGLE ROAD,
MERIDIAN, IDAHO
)
)
)
)
CASE NO. CUP-00-035
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 1st day of August, 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/Owner of the property is granted a conditional use permit
for the proposed application request of a conditional use permit for the operation of a
cornfield maze, described in the "SITE PLAN, CORNFIELD MAZE, 1020 S. Eagle
Rd.", for Samuel M. Johnson and The Maze, LLC, developer, for the development of
the aforeme:ntioned project, and which property is described as:
The North one half of the Southwest quarter of Section 16, Township 3 North,
Range 1 East of the Boise Meridian, in Ada County, Idaho; Excepting therefrom the
property taken by the State of Idaho for the construction of Interstate Highway
Project No. 1-80N-1 (28) 45 between station 2428+40.52 to station 2455+60.04,
described in that Judgement and Decree of Condemnation dated July 29, 1965,
ORDER OF cONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4
SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP-00-035
recorded August 20, 1965 as Instrument No. 619430, records of Ada County, Idaho;
and except thereof the property taken by the State of Idaho for the construction of
that a certain public highway known as Interstate 84, Project IP-84-1 (12) 45
between highway station 2423 + 88.30 to 2448 + 64.82, described in that Second
Judgment and Decree of Condemnation dated June 25, 1990, recorded July 2, 1990
as Instrument No. 9034963, records of Ada County, Idaho.
2. That the above named applicant is granted a conditional use permit for the
operation of a cornfield maze, located at the southeast corner of 1-84 and South Eagle
Road, Meridian, Idaho, subject to the following conditions of use and development:
Operation from the first ~veekend in September until the follo~ving Hallo~veen
subject to the follo~ving:
Adopt the Recommendations of the Planning and Engineering Staff as follows:
2.1
The project implementation period shall be limited to the first Friday in
September through the first weekend in November.
2.2
Applicant shall be required to provide daily watering, sufficient to act as dust
containment.
2.3 All trash shall be enclosed to ensure litter does not migrate to adjacent
properties.
2.4 Any high-voltage lights used on the site shall be situated so as to prevent any
glare '.on. 1-84. :
2.5
'The applicant proposes two 8'x 12' signs near the northeast corner of the
property and additional 4'x 4', 4'x 8', and 2'x 2' directional signs off-site for
traffic flow. All signs shall be located outside of the ITD and ACHD rights-of-
way. There shall be only two 8'x 12' signs. Off-premise signs are specifically
prohibited as per Ordinance 11-14-3-F. All signage is subject to design review
and requires separate permits.
2.6
Restriction on Rackham Road shall be right-in/right-out only. Applicant shall
contact ACHD prior to beginning operation to confirm their decision on type
of access. Applicant shall provide ACHD annually with a traffic control plan
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4
SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP-00-035
for ingress and egress to the site 30 days in advance of each opening date and
shall obtain a yearly review. All future design plans and construction shall be
in accordance with the ACHD Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all applicable
ACHD Ordinances unless specifically waived in writing by the District.
2.7
Applicant shall comply with the Central District Health Department
requirement regarding the number of portable toilets on site.
2.8
Applicant shall use the non-waste of the existing agricultural products during
the creation of the corn maze site.
Adopt the Recommendations of the Fire Department as follows:
2.9 Applicant shall provide a diagram drawing of the maze layout.
2.10 Haystacks on the property shall be fenced.
2.11 Eme?gency exits out of the maze shall be provided to the satisfaction of the
Fire Department.
2.12 Fire extinguishers shall be provided and advertised.
2.13 "No Smoldng" signs shall be posted.
2.14
2.15
The walkway shall be wide and the cornstalks plowed up.
AnnUal review is required by the Fire Department, 30 days in advance of
'opening date.
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 § 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4
SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP-00-035
By action of the.~City Council at its regular meeting held on the /~'~'- day of
/z//¢~ S~ ,2000.
~~.~....~ ~orrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By
city Clerk ff
~g/Z:XWork~ehdian 15360~E C~X~Order . ~t~~ ,.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4
SAMUEL M. JOHNSON AND THE MAIZE, LLC / CUP-00-035