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HomeMy WebLinkAbout1998 08-18 MERIDIAN CITY COUNCIL AGENDA TUESDAY, AUGUST 18,1998 -7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA MINUTES OF SPECIAL MEETING HELD JULY 28, 1998: (APPROVE) MINUTES OF REGULAR MEETING HELD JULY 21, 1998: (APPROVE) MINUTES OF REGULAR MEETING HELD AUGUST 4,1998: (APPROVE) REQUEST FOR RELEASE OF NON DEVELOPMENT AGREEMENT FOR THE LAKES AT CHERRY LANE #4B BY STEINER DEVELOPMENT: (APPROVE) 1. TABLED JULY 21,1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES BY EAGLE PARTNERS - NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: (TABLE UNTIL SEPTEMBER 1ST, 1998 MEETING) 2. TABLED AUGUST 4, 1998: ACTION ON VISION STATEMENT BY ARDEN DAVIS AND LORI JONES: (ADOPT) 3. ORDINANCE #797 - SHERBROOKE VILLAGE SUBDIVISION ANNEXATION AND ZONING: (APPROVE) 4. ORDINANCE #798 ~ KANT I PATEL ANNEXATION AND ZONING: (APPROVE) 5. ORDINANCE #799 - REPEALING CHERRY LANE LOCAL IMPROVEMENT DISTRICT: (APPROVE) 6. ORDINANCE #800 - CITY OF MERIDIAN I IDAHO POWER FRANCHISE: (1ST READING COMPLETED) 7. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3 STORY MOTEL BY KANTI PATEL ~ 1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW, APPROVE DECISION) 8. TABLED AUGUST 4,1998: REQUEST FOR PRELIMINARY PLAT (31 LOTS ON 11.01 ACRES) FOR PROPOSED SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. - NORTH OF VICTORY & % MILE EAST OF LOCUST GROVE: (APPROVE PRELIMINARY PLAT MEETING WITH STAFF CONDITIONS) 9. TABLED AUGUST 4, 1998: AMENDED FINDINGS OF fACT AND CONCLUSIONS Of LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW, APPROVE DECISION) 10. FINDINGS Of FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS - NORTH OF VICTORY AND WEST OF EAGLE: (TABLE UNTIL SEPTEMBER 1ST, 1998 MEETING) 11. TABLED JULY 21, 1998: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD: (TABLE UNTIL SEPTEMBER 1ST, 1998 MEETING) 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CONTRACTORS' YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING - LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION: (TABLE UNTIL SEPTEMBER 1ST, 1998 MEETING) 13. REQUEST FOR CONDITIONAL USE PERMIT FOR TABLES AND CHAIRS FOR OUTSIDE SEATING BY WILD WEST BAKERY - 611 E. 1ST STREET: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW, APPROVE CONDITIONAL USE PERMIT) 14. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT BY BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE - LOTS 3, 4, 5 & 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW AMENDED, APPROVE CONDITIONAL USE PERMIT) 15. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS AVENUE /1-84 BY RoT. NAHAS COMPANY -INTERSTATE 84 AND EAST 1ST STREET: (PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 16. FINAL PLAT FOR CROSSROADS SUBDIVISION NO.1 BY J. RAMON AND MARILYN YORGASON - SOUTHEAST CORNER OF EAGLE & FAIRVIEW: (APPROVE) 17. DEPARTMENT REPORTS: GORDON: RSO AGREEMENT. (APPROVE) MERIDIAN CITY COUNCIL MEETING AUGUST 18, 1998 The regular meeting of the Meridian City Council was called to order at 7:40 p.m. on August 18,1998 by Mayor Robert D. Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Bob Corrie, Will Berg, John Prior, Bill Gordon, Shari Stiles, Gary Smith, Malcolm MacCoy, Kenny Bowers. Corrie: The first item is a consent agenda. Council has had the consent agenda in front of them. Bentley: Mr. Mayor, I move we approve the consent agenda. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we approve the consent agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO.1: TABLED JULY 21,1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES OF EAGLE PARTNERS - NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: Corrie: Council, I believe that we have a special request on this if I'm not mistaken. This was to defer the consideration of Eagle Partners annexation and zoning until special counsel has an opportunity to review the proposed Findings of Fact and Conclusions of Law and would like to have this delay until September 1, 1998. Bentley: Mr. Mayor, I would move that we table the Findings of Fact and Conclusions of Law until counsel has had a chance to review on September 1, 1998. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table item number one until September 1 ,1998 meeting. Any further discussion? Bentley: Mr. Mayor, I need to make a correction. That's on the annexation and zoning. Corrie: On item number 1? Anderson: Second. Meridian City Council August 18, 1998 Page 2 Corrie: Motion to include table on item number one on the Eagle Partnership. Any further discussion? Rountree: Mr. Mayor, just a clarification of special counsel. Those folks that we have retained? Okay. Corrie: Any further discussion? All those in favor of the motion as stated say aye. MOTION CARRIED: All ayes. ITEM NO.2: TABLED AUGUST 4,1998: ACTION ON VISION STATEMENT BY ARDEN DAVIS AND LORI JONES: Corrie: Council, discussion? Mr. Davis and Mrs. Jones. Bentley: Mr. Mayor, I'd just like to thank both of them and all the people involved and the work they are doing on this. I think it will be a help to us, so thank you. Davis: You're welcome. Rountree: Mr. Mayor, just a point of clarification on the request. Were you asking the city to adopt the vision statement, approve the vision statement as a vision statement that's reflective if the city comprehensive plan and authorize you to go forth and continue to do good. Davis: Yes. Rountree: All of the above. Davis: On the information that we provided at the previous meeting the vision statement was in the first paragraph and the last paragraph asked for the adoption and support by the city council to carry out that vision statement and set whatever committees ad hoc committees might be necessary to help fulfill that vision. Jones: Mayor Corrie, I'd like to clarify to the council that they are ad hoc focus groups that do serve a function of driving some information from residential representatives, business and from city representatives that would also find in their time schedules to attend so it's an ad hoc focus group that we would be forming to carry on the visioning process. Rountree: I'll give this a go. Mr. Mayor, I move that City Council adopts the vision statement as presented as a reflection of and in consistency with the policies in the Meridian City Council August 18, 1998 Page 3 comprehensive plan and that we support the proceeding with ad hoc task force groups in carrying out the mission of the Chamber Committee. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the motion that was presented. It's a way of getting out of having to repeat what he said again. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO.3: ORDINANCE #797 - SHERBROOKE VILLAGE SUBDIVISION ANNEXATION AND ZONING. Corrie: Council has the ordinance in front of them at this time. Is there anyone from the audience who would like to have Ordinance #797 on Sherbrooke Subdivision Annexation and Zoning Ordinance read in its entirety? Council? Rountree: Mr. Mayor, I move that we approve Ordinance #797 and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Do you wish to do that with suspension of rules Mr. Rountree or do you want it read in its entirety three times? Rountree: I would do that with suspension of rules. Bird: I agree with a second. Corrie: Motion is made to adopt Ordinance #797 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO.4: ORDINANCE #798 - KANT I PATEL ANNEXATION AND ZONING. Corrie: Is there anyone from the audience who would like to have Ordinance #798 in relation to this annexation and zoning of 1.66 acres to C-G read in its entirety? Hearing none, council? Meridian City Council August 18, 1998 Page 4 Bentley: Mr. Mayor, I move we adopt Ordinance #798 with suspension of rules and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to adopt Ordinance #798 with suspension of rules. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO.5: ORDINANCE #799 - REPEALING CHERRY LANE LOCAL IMPROVEMENT DISTRICT. Corrie: Is there anyone from the audience who would like to have Ordinance #799 read in it entirety? Council, what's your pleasure? Bird: Mr. Mayor I move that the City Council passes Ordinance #799 Repealing Ordinance 753 LID 97-1 Cherry Lane with suspension of rules and the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree to adopt Ordinance #799 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO.6: ORDINANCE #800 - CITY OF MERIDIAN jlDAHO POWER FRANCHISE. Corrie: Now, Mr. Attorney, I need some legal help here. This one is going to require a reading, one reading, and then two other times to read it out by title only. Should we do the reading tonight of this one? Prior: Mayor my preference is you do the one reading tonight and then excuse me. My preference is you do the one reading tonight and then the partials after that on separate dates. Corrie: All right. Meridian City Council August 18, 1998 Page 5 (Inaudible) Bentley: Mr. Mayor, I move the city attorney read it. Bird: Second that. Prior: Do I get a vote in this? Corrie: All right the City Clerk tells me that we can read it by title only one time tonight and then we can have a special meeting to read it in full. Prior: If that's your preference. I would prefer that one reading be done of the complete document. Corrie: So how would the council like to do that? Do you want to set a special meeting to read the whole thing in its entirety? Bentley: I would prefer we do it now we're here. Corrie: Mr. Rountree? Rountree: Well if we are going to read it this evening, we might want to defer it later on the agenda and get through the things that folks are here to listen to. I mean that would be preference if we are going to stay here tonight to do this. Anderson: I guess I would like the short version tonight. Rountree: You've got four different opinions. Corrie: Two short and a delayed. Okay, how fast are you reading John? Are you a pretty good reader? Prior: I'll give you the quick version whenever you are ready. Corrie: We've got a few minutes here. I think we can go ahead and read it and get the first reading out of the way and then we can pretty well - Prior: So my understanding you want the whole thing. Corrie: Let me ask you this. This is not usually done in the City Council, but would the audience like us to go ahead with the things that's on the audience agenda here tonight and then come back and read it later if you'd like to sit here and listen to it? Would you like - okay I'll tell you what let's do fellows. Why don't we hold this item number 6 until Meridian City Council August 18, 1998 Page 6 the end of the meeting, and then if somebody wants to stay and listen to it they can. They we'll go ahead. Rountree: For the record nobody in the audience indicated that they wish it to be read in total and that being on the record, that being the case Mr. Mayor I would move that we defer the reading of the Ordinance identified in item number 6 to item 18 on the agenda. Anderson: Second. Corrie: Motion made and second that we defer item number six to item number 18 at the end of the meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. ITEM NO.7: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3 STORY MOTEL BY KANT I PATEL. Corrie: At this time I will ask for the applicant or his representative to speak first. ROCKY TOWLE 2210 BROADWAY BOISE WAS SWORN BY THE CITY ATTORNEY. Towle: We'd like to have the previous testimony for the conditional use be incorporated and if you have any questions, I'd be glad to answer them. Corrie: Council do you have any questions of the representative of the applicant? Rountree: I have a question for Gary. Have your site specific questions been addressed at this point? Smith: Mr. Mayor and Councilmen, Councilman Rountree, let me do a quick check in my file so I can answer that. Mr. Mayor and Council members, Councilman Rountree we didn't have a specific request for them to address our comments and reply. I guess our request would be that if this project is approved that it be approved with inclusion of the staff comments as submitted. Rountree: Okay. Smith: And again I would point out that I think items 2,3, and 4 that deal with water service to this project are of most importance. Bentley: Mr. Mayor I have a question I wanted to ask Shari. Shari have you gone over the parking and making sure it's adequate? Meridian City Council August 18, 1998 Page 7 Stiles: Mr. Mayor and Council, Councilman Bentley, the parking shown they show 68 spaces. They have 66 rooms. The parking requirements would be 1 for each room plus one for each employee. The 68 spaces would mean that they would only have 2 two employees on the site at any time. I thought it was a little on the parking. I don't think that's been addressed. Also the screened trash enclosure has not been shown and that may displace one of the parking areas. Another thing that I would specifically included in this conditional use permit is to make sure the signage is reviewed and approved by City Council or Planning and Zoning Commission as part of the application and that we not end up with another Jackson's. I don't believe they have any details of any signage yet, but that was something I specifically asked for. Corrie: I believe Shari that's in F on page 15 on the signage that you were talking about. Bentley: I have a question for Gary. Is the sewer capacity okay to handle this? Smith: I believe that that is not a problem on the sewer capacity, no sir. Bentley: Thank you. That's alii have. Corrie: Any further questions from Council? Towle: Any questions on the parking or the trash enclosure? The trash enclosure will be. The parking we've gone through to do a study saying that by the time 8:00 rolls around and the employees come in enough patrons have left so that we think that we have adequate parking the way it is, and the signage will be taken up individually as far as that goes. Thank you. Corrie: Since this is a continued public hearing, is there anyone else from the public who would like to issue testimony in this? Council, any further discussion? Okay hearing none, I will close the public hearing and council your choice here. Bentley: Mr. Mayor I would move that we adopt the Findings of Fact and Conclusions of Law as presented by the Planning and Zoning Commission and to incorporate the conditions and changes that were brought about by staff. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law that was presented by the Meridian Planning and Zoning Commission plus the additions of the staff comments. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. Meridian City Council August 18. 1998 Page 8 MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor the City Council of the City of Meridian hereby approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or other similar conditions as found justified and appropriate by the City Council, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire codes, and parking requirements the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Anderson: Second. Corrie: Motion by Mr. Bentley second by Mr. Anderson of the decision recommendation that was read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO.8: TABLED AUGUST 4,1998: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. - NORTH OF VICTORY AND % MILE EAST OF LOCUST GROVE. Corrie: Is the representative from the Sherbrooke Village here tonight? Becky would you like to come forward and be asked questions? If not we will act on your request. Do you want to come up and just see if council has anything. Bowcutt: I thought the pubic hearing was closed on this. Corrie: It is. It's not a public hearing. We're just asking if there are any questions the council might have. Bowcutt: Any questions you may have, I can answer. Corrie: None? Okay, well, thank you Becky. Okay Council you have the preliminary plat before you. How do you wish to proceed? Rountree: Mr. Mayor, I move that we approve the preliminary plat for Sherbrooke Village Subdivision subject to staff comments. Bird: Second. Meridian City Council August 18, 1998 Page 9 Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the preliminary plat subject to staff reports. Yes, I'm thinking of two things here. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO.9: TABLED AUGUST 4,1998: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING 0 F121.897 ACRES FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH 0 F VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the amended Findings of Facts in front of you. Any questions? Rountree: I have none. Corrie: I will entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Prior: Mr. Mayor, if I may. I need to point out to the council that I did make one slight typo. It's on page 12. I made reference to Highlands Ranch and it needs to be make reference to the correct subdivision on this thing. Just by interlineation if we could make that change. That would be page 12 at the bottom. It was a long week. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Findings of Facts with the amendment on page 12 to reflect the Thousand Springs Subdivision. Bentley: Second. Corrie: Second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the correction of item A on page 12. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Meridian City Council August 18, 1998 Page 10 Rountree: Mr. Mayor, I move that the Meridian City Council hereby approves the annexation and zoning as stated in the conclusions for the property described in the application with conditions set forth in the Findings of Fact and Conclusions of Law and that the application be specifically required to meet all the ordinances of the City of Meridian and conditions of these Findings and Conclusions and that if the conditions are not met that the property be deannexed. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion of decision and recommendation. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Bentley: I would move we instruct the city attorney to prepare an annexation ordinance. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we have the attorney draw up an annexation and zoning ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSION OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS - NORTH OF VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the request in front of you. What is your pleasure? (Inaudible) Smith: Mr. Mayor, can I ask a question. When I was reading the Findings, it talks about the block length. There was a request also to not pipe the Ridenaugh. Was that to be included. Corrie: That should have been included. Is it included in here Gary? Prior: No. My understanding is that they weren't going to do that. Did I misunderstand, Becky? You weren't piping the Ridenbaugh were you? Meridian City Council August 18, 1998 Page 11 Bowcutt: (Inaudible) Prior: I misunderstood. Bentley: Yeah, so they had it included in this. Corrie: Thank you Mr. Bentley. We need to include that in the - yeah we have to have the annexation first anyway, so we can- Bentley: Both the same night. Corrie: Both the same night, yes, that's correct. And also you can the preliminary plat at the same time. Bentley: I would move on the variance to exceed the maximum block length and piping the Ridenbaugh Canal that we table this to September 1 st. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 10 until the September 1 st meeting. Is that correct? Bentley: That would allow the city attorney to get the piping issue included in this. Corrie: Any further discussion? All those in favor of the motion as stated say aye. MOTION CARRIED: All ayes. ITEM NO. 11: TABLED JULY 21,1998: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD. Rountree: Mr. Mayor I would move that we keep this item on the table until September 1 st. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table item number 11 until September 1, 1998 meeting. Any further discussion? Bentley: I can't recall, have we ordered the ordinance on this? Meridian City Council August 18, 1998 Page 12 Corrie: Yes, we just did. That was up on nine. Any further discussion? No further discussion all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 12: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTORS YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING - LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION. Corrie: Is Mr. Hanson here tonight? Council this is a conditional use permit for a contractors yard which is being used for that right now. So discussion? Rountree: Did Mr. Hanson know that this was on the agenda this evening? Question for Shari, do you have any comments on this particular item? Is this consistent with the subdivision. Apparently it's an ongoing activity that they are request a conditional use for. Stiles: Mr. Hanson came in to submit the application was told that was required for a contractors yard in that area. He was also informed he was not to use the land at all for a contractors yard until it was approved by City Council. Approximately two days later it was filled with equipment. So I guess he doesn't feel any need to - he's applied for a conditional use permit. That's as far as he thinks he has to go I guess. Bentley: Mr. Mayor, what recourses do we have? Corrie: You can either approve it or disapprove it a conditional use permit. If it's disapproved he takes his equipment off of it. If you approve it, he can leave it on. Bentley: Well my point is he was told he couldn't even start with it until it was done. So my question is what legal authority do we have right now to act on what he's done? Corrie: I have Findings. You can either accept the conditional use permit or you can reject it. At this point you have the Findings of the Planning and Zoning Commission. So you can either adopt theirs, order new Findings, or reject the whole project. Correct Mr. Counselor? Prior: If I understand Councilman Bentley are you looking for other options as well? Bentley: Weill think it's time that the people start following the instructions and the laws and the ordinances. Prior: If it's your preference Councilman there's a couple of things I can do. I can immediately tomorrow look and see if there's any violation of Meridian municipal code Meridian City Council August 18, 1998 Page 13 and if there is and it calls for a criminal penalty, I can file criminal charges if that's your preference. If not then what I can do is seek an injunction against that gentleman preventing him from any further use of that property because he's in violation of Meridian ordinances. It's whatever your preference is. Rountree: The other option is as I see it is to go ahead and take action on the Findings, approve the Conditional Use Permit and hold him to those conditions and I suspect there may be some difficulty in doing that as well, but at least we've taken it through the process. I'm probably giving you a better avenue to do any corrective action with the conditional use permit. Prior: Are you asking for my preference? Rountree: No, that's my observation. I know what your preference is. Corrie: I don't know whether it's going to come back and get us again, but we'll see. It's Council's decision. Bentley: I'd like to hear the other two councilmen what their thoughts are on this. Anderson: I guess I would like to see us table it until he comes before us so that I can ask him whether he agrees to the conditions set forth in this. Bird: I feel that I kind of agree with Charlie that we go ahead and pass on these and make him live by the conditions. Rountree: I by no means object to the applicant come in and tell us whether these conditions are acceptable to him. Bird: That's right. Corrie: I'll entertain a motion to any affect you would like to do tonight. Anderson: Mr. Mayor I make a motion we table the conditional use permit for Donovan Hanson until such time as he comes before the Council so that we can ask him if he has any problem with the conditions set forth. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree that we table this until the applicant comes forth to City Council and answer questions of the Council on the approval of the Conditional Use Permit. Meridian City Council August 18, 1998 Page 14 Bentley: Discussion Mr. Mayor. I don't like to make it that open ended. If he isn't here tonight and we table this. He's already in operation, What to say which year he is going to show up here? I mean if you want to put a time certain on this table it and then take action on that time, say the next meeting and he doesn't show up by then and then we take some action on it. I'd be inclined to agree with that, but I don't want to give him an open end since he's already seen fit to start operations without it. Anderson: I think where it's not approved, he's out of compliance right now, so he can be contacted and told he's out of compliance and he needs to get that equipment out of there whether this is tabled or not. Is that correct? Corrie: That's correct. Any further discussion? Rountree: It probably would be cleaner if we had a date certain and instruct staff to let him know that he's to be here at that date. He can come before us and tell us why he's doing what he's doing and if the conditions are acceptable to him. Corrie: Mr. Bird do you have any comment? Bird: No. Anderson: I would amend my motion then to put a date of September 1 st for him to appear before the Council on this matter. Rountree: Second. Corrie: I have a second. Motion has been made to have it table to September the 1 st and him come in and talk to the Council on this and be notified as such. Further discussion? All in favor say aye. MOTION CARRIED: All ayes. Corrie: Shari, would you make sure he gets the word then? ITEM NO, 13: REQUEST FOR CONDITIONAL USE PERMIT FOR TABLES AND CHAIRS FOR OUTSI DE SEATING BY WILD WEST BAKERY - 611 E. 1 ST STREET, Corrie: Council you have the Findings of Fact and Conclusions of Law in front of you. Rountree: Mr. Mayor, if there is no discussion I make a motion that we approve the Findings of Fact and Conclusions of Law as prepared for us by Planning and Zoning Commission. Meridian City Council August 18, 1998 Page 15 Bird: Second it. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law adopted and approved by the Planning and Zoning Commission. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: Recommendation? Rountree: Mr. Mayor, I move that the Meridian City Council approve the conditional use permit for the outside seating with the conditions set forth in the Findings of Fact and Conclusions of Law and that all the ordinances of the City of Meridian be met. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the recommendation as read. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. (End of Tape) ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT BY BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE - LOTS 3, 4, 5 AND 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION. Corrie: Okay, I'll open the public hearing and invite you to start. BURTON ROBERTS 1523 N. MERIDIAN ROAD WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Roberts: I'm Burton Roberts representing Meridian Gospel Tabernacle for the request for conditional use permit to construct a church parking lot. Having received the Findings of Fact and Conclusions of Law, I need to first of all point out if you have those before you, there's a couple of areas that need clarification. On page 23, item 20, this is in regard to the Nampa Meridian Irrigation District's request for their application. I failed evidently to get the letter to the previous meetings. I have a letter from Nampa Meridian Irrigation District stating that atter reviewing and site plan it appear there will be no impact on the Nampa Meridian Irrigation District. Therefore I feel no land use Meridian City Council August 18, 1998 Page 16 application is necessary nor any further review. So I don't know what that does to us in regard to that portion of the Findings of Fact and Conclusions of Law. Can that just be amended or we just ignore it? Corrie: No, we don't ignore it. We can delete it. We'll need the letter though that they sent you. Roberts: How many copies would you like? Corrie: One for the record. If you have extra copies, the council would probably like to see them too. Thank you. Roberts: Weill didn't give Mr. Berg one. Okay, the second point of clarification is found on page 32, item 7. Item 7 states all parking stalls are to be a minimum of 9 X 19 with 25 foot driveways per city ordinance. The next statement says the parking layout shown does not meet these requirements. That's the phrase that needs to stricken. That reference inadvertently got in there in reference to the first site plan that was presented. The second site plan is correct. I've talked with Shari Stiles about this and she said that she agrees with me that that's the way it is. That one sentence could be stricken; is that right Shari? Stiles: Yes. Roberts: And beyond that we have no problems with the Findings of Fact and Conclusions of Law and have intention with approval to meet all conditions that have been set forth. Corrie: Okay, thank you Mr. Roberts. Any questions from Council? Bird: I have none. Bentley: I have just one question. In the event that Meridian Road winds up five lanes, are you aware that that may have some impact on your property? Roberts: Yes. In talking with ACHD people about that, they were quick to point that out, and that's one of the reasons why they required only sidewalk and not curb, gutter and sidewalk, and so we will just be putting sidewalk there if approve which is easier to take care of than curb, gutter and sidewalk. Bentley: That's alii had. Thank you. Meridian City Council August 18, 1998 Page 17 Corrie: Any further questions? All right, thank you. Is there anyone else from the public that would like to issue testimony on this issue? Hearing none, council discussion? Rountree: Mr. Mayor I move that the Meridian City Council- Corrie: Then I will close the public hearing at this time. Okay. Rountree: Mr. Mayor I move the Meridian City Council approves the Findings of Fact and Conclusions of Law with the following amendments: Deleting item 20 on page 23 relating to the Nampa Meridian Irrigation District, deleting the second sentence in item 7 on page 32 relating to parking space size. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Findings of Fact and Conclusions of Law as adopted by the Planning and Zoning Commission with the additions of the deletions. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion on the decision. Rountree: Mr. Mayor, I move that the Meridian City Council approves the conditional use permit requested by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to accept the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS AVENUE 11-84 BY R.T. NAHAS COMPANY -INTERSTATE 84 AND EAST 1 ST STREET. Meridian City Council August 18, 1998 Page 18 Corrie: I will open the public hearing and invite Robert or your representative. JOHN MORTON 2880 W. FRANKLIN ROAD WAS SWORN BY THE CITY ATTORNEY. Morton: What we're proposing out there on Bob's property is to erect a sign -I guess there's probably a picture of it here somewhere. But to erect a sign that identifies Central Valley Corporate Park as a whole. There is an existing smaller sign out farther east from where this sign would be placed that would be removed but as we stated in our letter the reasons for the request on this sign are three fold. Number one to identify the Central Valley Corporate Park as a whole. Number two to identify some major tenants that are located in that park, and number three to consolidate the previously mentioned on to one sign as opposed to having more than one sign for these various tenants. Those tenants at this present time being Home Depot and Waremart. We have a couple smaller tenant panels placed on this sign. It's kind of a - Shari tells us that this sign falls under the category of a off~premise sign and the reason for that is that the sign actually sits on Central Valley Corporate Park land as a whole, but Home Depot has their own parcel. It's kind of like a shopping center situation where you might have one large sign and you have various tenants underneath that same sign. I'd sure entertain any questions if you had them. Anderson: If this is allowed then am I to understand that each tenant is not going to put a sign on their own piece of property? Morton: They would not put up a free standing sign. Anderson: But they may put sign up on the building. Morton: They may put up a wall sign that faces the you know the main entry road. Anderson: And they've agreed to that somewhere? Corrie: If you can see to get up here, Bob, you're all right. BOB NAHAS 8688 BROOKSIDE LANE BOISE WAS SWORN BY THE CITY ATTORNEY. Nahas: The question was concerning the signs on the buildings. Anderson: I guess my question is if this corporate sign for the entire park if that's allowed, I guess my question is are they going to forego putting up pole sign on their property and have they signed something to that extent? Meridian City Council August 18, 1998 Page 19 Nahas: I don't think they anticipate pole signs. They might want a monument sign at the entrances and the side of the building, but it's very important that they be seen from the freeway. Waremart is going to be very hidden and Home Depot is back in excess of 200 feet, and even a sign on the building you would not be able to see coming down the freeway so it's real important for them that they have that kind of exposure. Anderson: So this sign could be in addition to what they do on their own site. Nahas: Yes, they probably will want signs at their entrances and sign on the buildings. The nature of the beast. Anderson: Okay. Bentley: To your knowledge do they plan on coming before us or Planning and Zoning to have their sign reviewed before erecting them? Nahas: Is it necessary that they have a conditional use if it's within the ordinance, the size requirements of the ordinance? I don't think they would need to come - (Inaudible) Corrie: Any further questions? (Inaudible) Corrie: Thank you Bob. This is a public hearing. Is there anyone else who would like to enter testimony at this time? Is there any further discussion on the request for Council? If none I'll close the public hearing. Council discussion? Pleasure on the req uest? Bentley: I have no discussion. Corrie: I'll entertain a motion on the variance request. Rountree: Mr. Mayor I move that we have the city attorney prepare Findings of Fact and Conclusions of Law on the variance request for off~premise sign Progress and 1-84 and have those Findings prepared and ready for us at our September 1 st meeting and to indicate an acceptable decision. Bird: Second. Corrie: Motion made Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law for the variance for September 1 s\ 1998 Meridian City Council August 18, 1998 Page 20 meeting. Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 16: FINAL PLAT FOR CROSSROADS NO.7 BY J. RAMON AND MARILYN YORGASON - SOUTHEAST CORNER OF EAGLE AND FAIRVIEW. Corrie: I think we just got the general comments back. Council any questions of staff? Bentley: Question for staff. Shari have you reviewed their response? Stiles: Yes, I have. I would like - they took exception to one comment about the landscaping bonding for the landscaping. They said that they hadn't done that in the past. That's just normal for all of the subdivisions we have now before we sign off on the plat. They have had some problems out there with their existing landscaping. I understand that was a pressurized irrigation problem, but I would like that comment to stand. Smith: Mr. Mayor and Councilmen, Councilman Bentley, the only comment that I had concerns item number 11, which is the coordination of the extension of the waterline in this phase of Crossroads that presently serves Westdale Park No.2 to the east. That's the only service line to that subdivision and since there was a reconfiguration of the roadway in the area of that waterline that extends over to Westdale, there is a cross water fitting that will need to be removed and replaced and so that line will need to be shut down, and so it's going to require some pretty close coordination. The engineer has indicated that they will work with public works to put a plan together but I just wanted to be sure that they were aware and that Ramon was aware that is the only water feed to Westdale Subdivision and when it goes down for connection or reconfiguration, that subdivision will be out of water. The only other thing we could do is to connect between a fire hydrant on Westdale number 1 which is United Water system and pirate some water with their approval of course. But I guess that we could - there would probably need to be notification made by the developers contractor to the residents of West dale so that they are aware of exactly what's happening, how long water was going to be down, etc. and I don't see that that would be a problem. We've done that before in subdivisions. Bentley: Who does the notification on that Gary? Is that us? Smith: No, sir that is up to the developer or his engineer or contractor. Corrie: Sir, I assume that this meets with your approval? Okay. Meridian City Council August 18, 1998 Page 21 Smith: Thank you. That's alii had. Rountree: I had a question for Shari, Mr. Mayor. What's the zoning to the east? Stiles: To the east? Rountree: It shows as unplatted. Stiles: It's probably R- T right now. Rountree: Okay. Stiles: It's where the sod farm is. And then there's Westdale, R-8. Bentley: I have no further questions. Corrie: Any other questions? Hearing none, I'll entertain a motion on the final plat. Yorgason: I have one question. A new condition that came up with this phase, the yth phase had to do with the landscaping plan. All the previous phases we have not had a landscaping plan, was not a requirement. The landscaping is all in all the previous phases and about three fourths of the landscaping that will be going in this phase is already in. There's a small portion that's south of the new road that will go in, and we would like to not have to have a landscaping engineer ride that or architect. But do it in conformance with all of our other landscaping we've put in. We've put underground sprinkler systems and sod and trees and it will be a continuation of that same landscaping plan. We would like not to have to be saddled with a landscaping architect's rendering. We haven't done that on any of the others and we'd like to be able to have this last phase the same way. If that would be okay. Stiles: I just had a question. Ramon, is that just this piece right here that's not landscaped at this time? So this piece back here is all completed? Yorgason: It's all in. Stiles: Well Mr. Yorgason is pretty much a guy of his word. I would have no problem with that. Corrie: You can put it in your motion as part of it if you want. Yorgason: If we could have it as a motion that we would put our landscaping the same as the rest of the landscaping the same quality and standard. That's our plan and what we'll be doing. Meridian City Council August 18, 1998 Page 22 Corrie: Thank you. I' m ready for a motion if you would like to do it. Rountree: Mr. Mayor, I move that we approve the final for Crossroads No. 7 subject to staff conditions and indication that the landscape will meet the landscape design and standards as evidenced in the existing subdivisions. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the final plat for Crossroad Subdivision No. 7 with the special additions of staff in the landscaping and met with the existing landscaping. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 17: DEPARTMENT REPORTS. Gordon: Mr. Mayor and Council, this agreement is one that we've entered into for the past nine years with the Meridian School District which provides now for police officers in the schools. The program is not an enforcement program as much as it is a public relations and educational program and it's probably one of the best programs that we have going at this present time. I would recommend that we enter this agreement for' 98-99 school year. I would stand for any questions from the council. Anderson: I have none. Bird: I have none. Corrie: Okay, I will entertain a motion for the SRO agreement. Bentley: Mr. Mayor, I move that the City of Meridian enter a SRO agreement with the Meridian School District No.2, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the SRO agreement. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Gordon: Thank you gentlemen. Meridian City Council August 18, 1998 Page 23 Corrie: Thank you Chief. Now at this time we will go back to item number six, Ordinance #800 - City of Meridian I Idaho Power Franchise, and if the city attorney would be so kind as to give us the honor of his eloquent style of reading to do that. Is there any objections to the council wanting to take off to go to the bathroom you can. Rountree: Press on. Prior: Ordinance #800. ORDINANCE NUMBER 800 WAS READ IN IT ENTIRETY BY THE CITY ATTORNEY. Corrie: Okay Council if there's nothing else, I will entertain a motion to adjourn. Bird: So moved. Rountree: Second. Corrie: Motion made and second that we adjourn. All those in favor of the motion say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 9:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) VJ. ATTEST: J~cu~-P~~/~ WILLiAM G. BERG, JR., TY ERK BURTON ROBERTS FJ~}CETVED JUl 0 8 1998 CITY OF MERIDIAN BEFORE THE MERIDIAN PLANNING AND ZONING COM MIS CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE LOTS 3,4,5 AND 6 OF BLOCK 4, MERIDIAN NIDA YS 2ND ADDITION MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on May 12, 1998, and continued on June 9, 1998, at the hour of 7:00 o'clock p.m., Burton Roberts, the Applicant, appeared in person, and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on May 12, 1998, and continued on June 9, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1998, and continued on June 9, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at the Northeast quarter FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 1 of the Northeast quarter and of the North one-half of the Southeast quarter of Section 12, Township 3 North, Range 1 West. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The owner of record of the property is Meridian Gospel Tabernacle. 3. Pursuant to the application, the property is presently zoned as R-4, Low Density Residential District. The proposed use of the property is to construct a parking lot on Lots 4, 5, 3 and 6. Presently, Lots 3 and 6 are used as rental properties. The Applicant presented a site plan at the May 12, 1998, hearing depicting the location of the proposed use. Due to some concerns over the vague site plan, and the surrounding neighbors, the public hearing was continued until June 9, 1998. Pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, associated with the use, whether that use be residential, commercial or industrial. 4. Burton Roberts, the Applicant, representing Meridian Gospel Tabernacle, testified as follows at the May 12, 1998, public hearing. Mr. Roberts opened his testimony by noting they own Lots 3, 4, 5, and 6 of Block 4 of the Meridian Nidays 2nd Addition. Lot 4 is currently vacant. Lot 5 has a house on it that has been sold and is to be moved. It is their hope to do this project in two phases. This would allow them to cause lots 4 and 5 to be turned into a parking lot as soon as possible, with the other two lots, 3 and 6, somewhere in the next three to five year plan to be completed. The obvious reason for the need of parking is that as Meridian continues to grow, the last thing they need is to be suddenly land locked, and not have the room for expansion they FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 2 believe will be needed in the years to come. Commissioner MacCoy inquired if he had received the City staffs comments, to which Mr. Roberts responded that he had. Commissioner MacCoy inquired if he had gotten a copy of the ACHD report. Mr. Roberts noted that he received a copy. Mr. Roberts noted that he found no problem with the findings of the ACHD's report and it is their hope and intention to comply with all of the suggestions and needs. Mr. Roberts commented the staff requirements seem to be very applicable and has no problem with them. Commissioner Borup inquired about the time frame for completion of the lots, landscaping and sidewalks. Mr. Roberts responded it was their hope to do the two lots on Meridian Road separately, but they just had a discussion during the week with some of the powers to be. The recommendation had been that on both Meridian Road and on W. 1st that they go ahead and proceed with the sidewalk, curb and gutter, and the other maintenance things that are going to be necessary. If at all possible to do all four Jots as part of phase one. Phase two would be the selling and moving of the two homes that are presently there and preparing for the asphalt. Commissioner Smith commented on the phasing. He inquired if they had anticipated the parking layout, which indicates a one way drive because of the angled parking, which basically in phase one it comes into a driveway situation and there's no way to get out. Mr. Roberts noted that they intend to stripe phase one after phase two is completed to allow for flexibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 3 Commissioner Smith noted that there were no dimensions and it was kind of vague as far as how the landscaping would be designed. He wanted to know exactly what they are going to do as far as landscaping, other than the three-inch caliper trees. His biggest concern was that it would be properly screened and buffered from the adjoining properties. Mr. Roberts stated it would be asphalt. Commissioner Smith questioned if there was going to be asphalt in the alley between the lots. Mr. Roberts noted that they are looking at paving the whole alley. Commissioner Smith inquired as to how wide the aisles would be and the spaces. He also wondered if they were proposing any compact spaces or handicapped spaces. Mr. Roberts noted they were going to keep all of the handicapped spaces next to the building across from Elm Street. Commissioner Smith noted it would be right in the existing lot. Mr. Roberts testified it would be close to the building and they had not planned on handicapped parking over there. Commissioner Smith then inquired about compact parking. Mr. Roberts noted he had made all his measurements for full size parking. He also noted the dimensions were recommendations. They are looking at a 60 foot lot with 19 foot parking by 9. That would leave 20 feet in the lane. Commissioner Smith again drew attention to the matter of wanting to see more landscaping along Meridian and W. 1st Street at a minimum. Mr. Roberts noted that he had no problem with doing whatever was recommended. He noted that if they get approval, they would bring in the engineer, and the architect, to draw up the final plans. They are going to do whatever recommendations they are given by this group and the City and ACHD. Commissioner Smith inquired if the space between the stalls were going to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 4 asphalt, and inquired about the lines. Mr. Roberts noted it would be asphalt and the lines were just to show phases one and two. Commissioner Smith added that with his calculations they have 88 spaces proposed for parking. 5. Wendy Newton-Huckabay was sworn in by the Assistant City Attorney. She desired clarification about some issues and noted she had not seen the plans. She also noted there was some concern over the necessity of the project. She stated that on any given Sunday, the church parking lot, which sits right outside of her front window, is not full. There has only been one occasion she can remember having cars parked on her street to attend the church. She moved to W. 151 Street when she was in the fourth grade and she is now 29 years old. The neighborhood concern is whether there is a need for parking. The other concern is the parking lot they now have does not have any curbing in it. She isn't sure what the city ordinance is for a parking lot. She added that the parking lot now is kind of a drag strip through the neighborhood, and that it has created a headache for them. She has two young children that play in the neighborhood and traffic control is a concern. She noted there are no speed bumps in the neighborhood nor any speed limit signs. The church, as well as, the patrons of the school tend to speed down W. 151 Street. She also added that she is not excited to have the four houses moved out; that one is already gone and apparently the other one is already sold. This is just to have a parking lot there. She feels it will not be aesthetically pleasing. If the houses are moved out, her concern is they will be filled with tree cuttings and grass cuttings just like the empty lot now. She wondered if they were going to clear it out and move along quickly with the project. Another concern is if the project will FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 5 reduce their houses value having an 88 car parking lot across the street. Commissioner Johnson informed Ms. Newton-Huckabay that he had copies of the map if she wanted them for future reference. If she should have further comments there would be another public hearing at the City Council level. 6. Julie Ann Elliott was sworn in by the Assistant City Attorney. She testified that she has lived on W. 151 for nine and a half years. Her front window faces the parking lot of the church and she has seen traffic come through the parking lot at considerable speeds at night. There has been some talk about speed bumps on W. 1 st. Her home is across from the parking lot and the church. Her concern is her child, and the value of her home. She is also concerned about the residential area and the areas of the families that live on the block of W. 1 st. When she first bought her house she was able to get the house price down by $6,000, because of the parking lot across the street. Her concern is over the appearance, safety, noise, and what time it's going to be shut down. At 10:00 at night on summer evenings there are people passing back and forth, getting in cars and leaving, and for the safety of the children crossing the streets. 7. Michael Ransley was sworn in by the Assistant City Attorney He testified that he lives right across the street, kiddy corner, to the church. He now looks at two nice houses that have been there for a considerable amount of time. This is a residential area and the proposal is to tear the houses down and make it a clear shot through to Meridian Road. He hasn't seen the plans but now they have kind of a protected little residential community with little noise. He doesn't want to be looking at a bunch of cars all the time. Also, he doesn't know what they have planned for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 6 landscaping as far as the requirements for the City of Meridian, the trees and shrubs. The other concern he has is over the lighting requirements Commissioner Borup commented and questioned Mr. Ransley's over his concern about the visual impact through to Meridian Road and his concern about cars driving through to Meridian Road. Mr Ransley responded by saying, " I mean, they are going to connect to a one way road here eventually. I don't know what's going to happen with that with ACHD and what their plan is, but I mean the traffic is going to increase dramatically when that happens and what I'm concerned about too is if we've got clear shots through to my road." Commissioner Borup noted, for Mr. Ransley's information, the plan does call for curbed gutters and sidewalk, so cars would not be driving through. Mr. Roberts re-addressed the Commissioners by noting he had appreciated the comments so far. He wants to try to be somewhat considerate of their points of view. He commented about the parking now in existence. The way they park now they would like to change because the parking lot they enter from on Meridian Road people attempt to park three deep. This would change when ACHD ultimately finishes its plans on Meridian Road and would give them two deep. They would like to eliminate that and have one car deep parking off of Meridian Road. The same would be for several places in the back where people park two, three or four deep. They want to eliminate that in the process and that's one of their considerations. This would make it easier for people that are using the current parking lot. They have considered ways to try to arrange it so people don't cut that corner either way, coming off of Meridian Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 7 They have considered how can they change the process. One of the suggestions to consider, which ACHD made, is to consider doing curb, gutter and sidewalk down the north side of Elm Street and it would make it a [ittle bumpy if people go zipping across there. The other reason that it's not full is because they don't have that many people yet, but they anticipate they will. Commissioner MacCoy made a suggestion that Mr. Roberts might want to spend some time going around to the local neighbors and showing the layouts and what they have, getting suggestions from them for screening, which is the landscaping, the trees and whatever. Regarding the cut through situation, he agreed with ACHD about going off on E[m Street with the curb. Another solution would be at the entrance, inside the property, putting in a [ow riding berm, which detours people who would like to, including the young, speed through some places and cut off corners. The lighting would be a non-glare situation. Commissioner Smith inquired if the 88 spaces on the proposed site, if they were based on an increase in the congregation, or existing need, or if they are trying to fit as many spaces in there as they could. Mr. Roberts responded that he was basically showing the maximum number of spaces, and realizing they could be changed with the recommendations for lighting and for whatever they do with the trees, screening, and all of those things. He also noted that his office door is open for them to come and make their comments because they want to make it nice. Commissioner Smith inquired whether the applicant has a minimum number of spaces that they are trying to accommodate. Mr. Roberts responded with a no, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 8 goal would be to look at the seating capacity of their building, and if everybody were sitting shoulder to shoulder it would be 470. They currently have, with the stacking of the cars, 90 parking places. If the project was being done today city code would require them to have 94 parking places. If he understands the code right they would also require them to have it arranged differently than it now is currently, which would then lessen the amount that they have now. The magic number to arrive at would be at least 94 parking places, and to not be in violation of the code application. Mr. Roberts further testified to the item of the way the one vacant lot looks. One of the reasons it looks that way is that after several flat tires on his tractor, because of the infestation of goat heads in the area, he stopped mowing. He then started planning on asp halting it. He figured the asphalt was the only way he could get rid of the infestation of goat heads. They have infested the alley for years and now have grown out on to their vacant lot. Commissioner Nelson noted that a plan was submitted that showed the proposed parking and the lots without the facilities shown. He requested that it might be beneficial to the City Council, or even discussions with the neighborhood, if they were to show a combined plan of all the parking and the traffic in between. This would show what the big plan would be. Commissioner Johnson added comment to Commissioner Nelson's about showing the whole plan. He noted that it is on the application that any other owned property in the area of the vicinity is also shown, but it's often ignored. It does give a better feel when you have the whole picture. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 9 9. Julie Ann Elliot re-addresssed the Commission. She began by noting the LDS church that sits on McMillian and Shamrock in Boise. They have a berm around their parking lot, and that they probably had the same problem. She use to live on Shamrock years ago and she remembers the church. The church has berms up and no one has to look at a parking lot, nor a bunch of cars. Even with cars in the parking lot at least there is some type of beautification for the residents. Her concern is for beautification and that it is not commercial. There are families with homes that face the church and the parking lot. She wanted the Commission to think about it, as this is what they look at. If the area was beautified it would fine. Ms. Elliot continued her comments noting some of them live by the church and a lot of them don't. She recognized a few of them because she has seen them at the church, that's their church, but not her church. She wanted them to have some thought of what they're going to be looking at, and to give some advice at what they need to do for the parking lot. Commissioner Borup acknowledged what Commissioner MacCoy had stated earlier about the cut through the parking lot, maybe doing some curbing or something along Elm. That would be something that would make you feel a lot better about the cut through situation there. Ms. Elliot definitely agreed. Commissioner Smith noted that he thought the site plan was extremely vague as far as what is going to be proposed for landscaping and screening. He also thought there had been some valid concerns brought up by the neighbors, and he also shared those concerns. He didn't feel comfortable forwarding this on in its present state. He FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 10 didn't think there was enough information to vote on or act on one way or the other. Commissioner MacCoy agreed. He was going by the standpoint of tabling it for one month because they are lacking some material, and he would like to see Mr. Roberts get together with his neighbors and come back with a better layout for them. Also, so there will be a better understanding for the Commission before they pass it on to the Council. Commissioner Borup also agreed that a better layout needed to be done. He questioned if the Commission should review it or if it should be reviewed by the staff. Commissioner Johnson acknowledged that it was done by staff but sometimes it's in the best interest of interested parties, that aren't affiliated with the City, to see a complete plan. Commissioner Nelson would rather see it tabled and give the neighborhood another chance to comment if they could. Commissioner Johnson noted if that was to happen then they need to continue the public hearing. Commissioner Smith made a motion that they continue this item until the June 9th meeting, with the continuation of the public hearing. Commissioner MacCoy second the motion. 11. Burton Roberts, the Applicant, testified substantially as follows at the public hearing held on June 9, 1998. Burton Roberts noted that he spoke with neighbors since the previous meeting held on May 12th. He attempted to assure them of the churches intent to comply with all the City codes concerning the parking lot, and to FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 11 make it a beautiful addition to Meridian. He also hired an engineer who has drawn up some new plans. He delivered a large copy to the P & Z office and offered a large copy, which he had brought with him to the meeting, for anyone to review. This was an added expense to them but they are hoping and believing that the project will go forward. Mr. Roberts is hoping that they receive approval. He agrees with all the stipulations that ACHD has given them, and their basic approval, and hoping to move ahead. They hope this project will be a great improvement to the community and it will definitely fulfill a need on their part. Commissioner Smith commented that the way the project is phased it doesn't work. There is no way for someone who accesses the parking off the alley for them to get out because it's a one way access to those spaces. It is angled parking, and say you come in off the alley and go towards the Meridian Street side you can park in those spaces with no problem, but then there's no way to get out. Burton Roberts noted that they have some options in striping, the plan is to show the final project. He stated "Our plan at this point would be when phase one is completed to mark the parking lot so that there is enough parking and enough space for people to go in and park whether we park vertically on one side or however we decide to do it at that point it will be lined in phase one so that it can be properly accessed even though it will minimize the parking for the time being." Commissioner Smith commented that the dimensions on the site, as they appeared to him, were the only way you could have a ninety degree parking area was by not doing the landscaping now and having to park out. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 12 Burton Roberts continued his testimony by commenting that the landscaping would be done. The church doesn't have to go with the parking as lined in phase one, it's drawn that way so the engineer doesn't have to go back and charge more in the final process. The lining would take place in a way that allows them to do phase one so it's beautified. It has the curb, gutter and sidewalk, and all of the landscaping that they're going to use in the project. They will make do with whatever small amount of parking that adds until they're ready to do phase two. If that means putting six cars on each side of the alley then they will put six cars over there. Twelve to twenty cars will help them now and he doesn't see a problem with the lining so it's easily accessed and used in phase one. Commissioner Nelson inquired about the number of parking spaces. He figured eighty. Mr. Roberts noted that was the number he arrived at. Commissioner Nelson then inquired as to how many cars they will be able to park at the existing lot, once it's laid out, that meet the city ordinance of required aisle widths and space. Mr. Roberts figured it would be 54. Commissioner Nelson inquired if they would have a total of 134 spaces, which they would according to Mr. Roberts. Commissioner Nelson also wanted to know how many members could be seated in the sanctuary. Mr. Roberts commented that the sanctuary by itself seats 470. Commissioner Nelson stated that for the four hundred and seventy seats the City ordinance calls for one parking space per five seats, which would require the church to have 94 spaces. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 13 Mr. Roberts continued his testimony by adding the church has a gymnasium that's attached to the building, and on some occasions there are weddings and when those occasions happen the use of the gymnasium, and the sanctuary, it is expected to be full with phase one and phase two in place. Commissioner Nelson inquired as to the plans for landscaping. If they were planning on doing any berming and how wide the landscaping strip would be. Mr. Roberts commented he believed there would be twelve-feet total in the center when it is completed. Commissioner Nelson stated he would like to see a little more landscaping around the adjacent properties, and some more trees and things to help screen the project better. Also, for them to consider a berm around the periphery of the site to help screen, in addition to the trees. Mr. Roberts wanted to know how much berming would be necessary. Commissioner Nelson thought probably about six-feet. He also wondered if they could squeeze on twelve-feet in the center area and free it up a little bit. Maybe in addition to that, on the Meridian Street side and the First Street side, given the fact that you're required to have 94 spaces and you're going to be providing 134, the church could afford to lose a couple of spaces on each end. To pull the landscaping in farther off the street into the parking area you would lose about four spaces on each end. Commissioner Nelson commented that he wanted to see berming on all three sides. Mr. Roberts questioned how high a berm was necessary. He visualizes putting in low lights, so that they're not bright and bothering the neighbors. He pointed out if there is a berm then that would make an ideal spot, which they just got rid of, for kids to FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 14 congregate and do their thing. If they build the parking lot and berm it so nobody can see into it then it would create a spot for kids to drive in and park and have a beer and throw their cans out. That's why he was asking how high a berm was necessary. Commissioner Nelson understood Mr. Roberts's concerns. Mr. Roberts added the comment that he wasn't talking about his people parking there, but about the people that drive by. The use of the parking lot gets more than just the parishioners. Commissioner Nelson stated that section studies would need to be done but he thought in the neighborhood of three to four feet. It would help screen the paving and the cars when they are parked there and you strike a happy medium between the screening and the security issues. If you get it wide enough you can slope it such that you're not really providing any hiding places. Commissioner Smith commented that if there is an overabundance of parking he could see where it would be beneficial to the homes, at least along West First or probably both, to get the berm high enough that the average size car headlights are not going to shine into the homes. He feels that is a reasonable request. Mr. Roberts didn't see a problem with providing that. He noted that they want to make it as pleasing aesthetically as possible, and they want to get along with the neighbors. Otherwise they wouldn't have taken all the steps that they've taken and spent all the money they've spent already. Commissioner Nelson's additional comments were that a paved parking lot with the trees and some berming is far better than the lot that's there now. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 15 Commissioner Nelson commented that for the benefit of City Council, they needed to have phase one and phase two, but he wasn't sure how far out phase two was planned. Mr. Roberts responded they were a little unsure of it and they keep saying three to five years. Part of what they look at is how quickly do they raise that much money again. Churches have to budget, and they have to plan, and so they think in three to five years they'll have enough money to do phase two. If they could do it sooner they would. Commissioner Nelson noted and commented on the planning of the landscaping in phase one. Mr. Roberts response was to complete phase one and then move on to phase two and just add the compliment of the same design to follow through into phase two. When phase one is completed it should give everybody the picture of how it would be when it was finished. Commissioner DeWeerd inquired how they plan to maintain phase two until it is developed. Mr. Roberts noted that each of those lots currently have a rental home on them. The rentals will be maintained with lawns and the homes will be kept up until then. Commissioner DeWeerd questioned, "So you would not be extending the sidewalk and landscape through to the end of phase two then?" Mr. Roberts responded that was right. He stated "It would be done in steps unless, of course, somebody twists his arm and says the only way you're going to get this is if you take the curb, gutter and sidewalk and all of that clear by, then they'd try to figure out some way to do it. Commissioner DeWeerd noted they would still put in the storm retention area FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 16 and that would kind of block off any access to those lots in phase two. Commissioner Nelson inquired about what would be put in between the trees. Mr. Roberts commented that they haven't gone that far as to know what kind of selection they would use. Everything from low lying shrubs to smaller trees and personally he'd go with the low lying shrubs. Commissioner MacCoy noted that it would depend on the height of the berm. 12. Wendy Newton-Huckabay of 1513 W. First Street was sworn in by the Assistant City Attorney. She noted that the neighborhood had an impromptu meeting, and that they put together a statement. It appears that Mr. Roberts addressed a lot of their concerns already, so it looks like they are a little bit closer to resolving the concerns in the neighborhood. Ms. Newton-Huckabay had copies of the statement, and handed one to the applicant and to Commissioner MacCoy. Ms. Newton-Huckabay stated, 'This statement is in regards to the proposed parking lot addition to the Meridian Gospel Tabernacle. As residents of the neighborhood we are not completely opposed to an expanded parking area, we are concerned with some of the aspects of the church's plans and continue to question the need. Our first concern is with the time line. One of the lots for the phase has been empty for over two years, is this project ready to begin, are they going to begin the project and finish it as money comes available or is a budget already in place, is a completion date set? At the last meeting Mr. Roberts indicated that they would complete the phase two portion of the project several years down the road. We would like to see the plans for the parking lot modified into two separate projects, we feel that this would eliminate the half done look FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 17 that may result with the current plan, it looks like we would only have one half of a parking lot for the next few years. We believe that this would be as unappealing as the current lots. In the event that the second phase of the parking lot does not evolve the neighborhood would not be left looking incomplete indefinitely. We have reviewed the new plans and feel the modifications made for landscaping could be improved. We believe that the aesthetics of this project would be maximized by grass around the perimeter and more park-like trees such as maples, ash or locust. We would also like to recommend that during this project Mr. Roberts consider making some landscape improvements to the main property, mainly remove the rocks that are on the corner of Elm and West First Street, they are constantly in the road and create a hazard. In conclusion we would like to point out that no one is against the expansion and prosperity of a church, we would just like the impact that it does and will have on our neighborhood to be considered. We have been fortunate to be experiencing an overall evolution of property rejuvenation on our street. We would like the church to embrace this evolution and make changes to their properties that contribute to the value, safety and quality of our neighborhood. That's really about all that I have to say, like I said a lot of these issues it appears that he is addressing, we did not have opportunity to talk to the church from the last meeting, he never did come around to our residence on there so as you look at approving this we just want you to consider we live there seven days a week, a lot of people are at the church maybe two or three days a week and we look at it every day. Mr. Roberts, he does live in that area of the neighborhood of the area and he does took at it too but a more sense of there J think." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 18 13. Commissioner Smith commented to Mr. Roberts that the first stalls in phase two, on the side that it joins the adjacent property owners, the first one on the Meridian Street side and the first one on the East First Street side, that they didn't work because they need to be able to pull back straight out of the space and pull in from a straight on shot. This would require them to both pull in and back out at an angel and they really couldn't use those spaces. In return, Mr. Roberts commented he thought those were intended for motorcycles. 14. Commissioner Nelson commented to Mr. Roberts that he wanted a response, for the record, about the issue regarding the time line. Also regarding what could be done to soften the connection. If the three to five years turned into ten to twenty years the residents concerns over this could be answered. Mr. Roberts stated, "Concerning the time line, the first part of the letter and I really appreciate things in writing like this by the way, thank you neighbors for making it easy for me to understand your desires. The first concern is with the time line of the lots for phase one, you're right, there's been an empty lot for two years and the project is ready to begin, all we need now is approval, the project would be finished depending on how fast the wheels of all of this turn weather allowing, the intention is to finish it this fall. Moving as quickly as we could the budget is already in place, there's no way to set a completion date because we don't know how long this part of the process will take and we don't know what the weather will do in the fall but it would be in the intention as soon as we have an okay to begin to move toward the completion of phase one. As in regard to phase two the only way that I can respond to that is J really believe that it FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 19 would be five years maximum, it would be my intent and I would be doing everything I could to see that it came to pass within five years, I've been wrong before but that would be my intention and I guess at this point that's all I can pledge is that we would move quickly as we could to phase two and do all we could to keep it within a reasonable time frame because I understand their view point on that." Commissioner DeWeerd added the comment that when they go into phase two that they keep in good faith with the neighbors. Also, what if they moved the houses, two years prior, and then left the lot infested with weeds. Mr. Roberts stated, "I have no intention of doing that. I appreciate your comment. " Mr. Roberts's final testimony of the evening was that he agreed with the problem with the rocks at the corner of Elm and First Street. He was sorry for it and for the way it turned out. They thought it was going to be an improvement but it turned out to be a hazard. He agrees it is that. His wife reminds him of it every time they walk by it. It will be their intention to try to do something about it. It has not been addressed to the point of deciding what to do but something needs to be done. The other improvements, hopefully everything in the letter that they have concerns about in the existing property they would like to be able to say they will do it. They don't know when but they agreed there needs to be some upgrading and would be all they could do to pledge to say they'll work on it. 15. Wendy Newton-Huckabay again approached the Commissioners regarding her final comments for the hearing. Ms. Newton-Huckabay commented on FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 20 the half-done look issue. She wanted to know whether there would be some temporary trees planted along there, or something, but when she looked at the plan, which she spent some time doing over the last week, she stated, "It's just a parking lot cut in half and now we just have a house that's being moved today and an empty lot and a parking lot cut in half isn't a whole big improvement so if we can have half a parking lot that just looks like a narrow parking lot would be - it would make me a lot happier and I think that I speak on behalf of the neighborhood when I say that." Commissioner Smith had one more comment along those Jines. He's concerned about the phasing and how the parking is laid out. It really is dependent upon both phases being complete and he didn't know how the City Council would feel about having a parking lot layout that really doesn't work until the second phase is done. It could be five years down the road before that happens. It might be a good idea to look at what the temporary parking layout would be and have that available for the City Council when this item goes before them. Commissioner DeWeerd commented that this item would go to public hearing at City Council. The neighbors should have a chance to look at the temporary drawings so they would have a chance again to comment on what the first phase would look like. Additionally, she complimented the church for drawing up what they had and for putting some time and effort into it. 16. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted the following general comments. 1. Any existing irrigation/drainage crossing the property to be included in this FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 21 project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Coordinate any required fire hydrant placement with the City of Meridian's Water Works Superintendent. 4. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. 5. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9~606.B. 6. Parking lot security lighting shall be provided as approved by the Meridian Public Works Department. Lighting shall be designed to not cause glare or adversely impact adjacent residential properties, as determined by the City. 7. A detailed landscape plan, including sizes and species of vegetation, shall be submitted with the design drawings for the parking lot. A minimum of one three-inch caliper tree is required per 1,500 square feet of asphalt, with an underground sprinkling system constructed for all landscaped areas. As Meridian Road is an entrance corridor, particular attention should be paid to the landscaping of this frontage. 8. Parking areas shall not be located closer than four feet to an established road or alley right-of-way. 9. As phasing is proposed for this project, the actual striping of the parking lot should be postponed until the entire parking area is ready for striping. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557,10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 22 11. This conditional use, if approved, shall be subject to review upon notice to the applicant. 17. Kenny Bowers, Meridian Fire Chief, commented he would not have a problem with the parking lots. 18. The Meridian Chief of Police, Bill Gordon, submitted no comments. 19. The Central District Health Department submitted the following comments. After written approval from appropriate entities are submitted, they would approve the proposal for central sewage and central water. They must submit plans for central sewage and central water for approval by the Idaho Department of Health & Welfare, Division of Environment Quality. Run-off is not to create a mosquito breeding problem. They recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. 20. The Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as set forth hereafter. They noted that their original comments are not applicable to the proposed project. It is their position that the proposed project would have no impact on the Irrigation District and that no land use change application was necessary nor any further review. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 23 21. The Ada County Highway District submitted the following standard and site specific requirements comments regarding the project. STANDARD REQUIREMENTS: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in Q substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be considered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which time the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 24 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change is use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. SITE SPECIFIC REQUIREMENTS 1. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the parcel. 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Elm Street abutting the parcel. Improvements shall be constructed to one half of a 37 -foot street section. 3. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on West 1st Street abutting this parcel. Improvements shall be constructed to one half of a 37-foot street section. 4. Construct a 24 to 30~foot wide curb cut driveway on Elm Street for the alley, located as proposed. 5. Pave the alley it's full required width of 16-feet wide from the south property line to Elm Street. 6. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 25 Construction Services at 387-6280 (with file number) for details. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 8. No access points to Meridian Road or West 151 Street have been proposed and none are approved with this application. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Elm Street is restricted. 22. There was no further testimony given at the hearings. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (R-4) Low Density Residential District. The (R-4), Low Density Residential District is described in the Zoning Ordinance, 11-2-408 B 3 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 26 (R-4) Low Density Residential District - Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City of Meridian , and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 5. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. The City of Meridian Zoning and Development Ordinances addresses the off-street parking general requirements stated in 11-2-414 (A) as follows: 11-2-414 A GENERAL REQUIREMENTS 7. Required Submission of Parking Site Plan: All development applications shall include a site plan (drawn to a minimum scale of one inch equals fifty feet (50') which is fully dimensioned and shows any parking or loading facilities to be provided in compliance with this Ordinance. Such site plan shall be submitted to the Commission for approval when the required off-street parking is more than six (6) parking spaces and shall indicate ingress and egress to the area and traffic patterns in adjacent streets and alleys and appropriate landscaping. 7. The City of Meridian Zoning and Development Ordinances addresses the location of Design Standards For Off-Street Parking 11-2-414 (D) 2. as follows: 11-2-414 (D) 2. DESIGN STANDARDS FOR OFF-STREET PARKING 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 27 2. Screening. Landscaping and Drainage: a. Landscaping: Landscaping shall be required for all off-street parking areas for multi-family residential, commercial, industrial and technical developments; b. Underground sprinkling systems shall be required to maintain screening, planting strips, and other landscaping. c. Screening: Whenever a commercial off-street parking area is located in or adjacent to a Residential District, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrian ways. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. d. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer. 3. Lighting: The illumination of a parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over into adjacent Residential Districts. All parking lot lighting arrangements shall be installed as approved by the City Engineer. The following standards shall apply to all off-street parking lots: a. All lighting fixtures shall not be placed higher than thirty-five feet (35') above the finished grade; b. Fixtures shall be of the non-spill type and hooded to prevent FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 28 glare. c. Candle power per fixture shall be in accordance with the standards established by the City; and d. Minimum security lighting shall be provided from eleven o'clock (11 :00) p.m. to sunrise as approved by the City Engineer. 4. Paving: All open off-street parking areas shall be paved in accordance with the standards established by the City. 5. Striping: Parking spaces shall be marked with striping which outlines each parking space and designates direction of traffic in access aisles to and from public rights-of-way. All parking areas with a capacity over twelve (12) vehicles shall be striped with double lines six (6) inches both sides of center between stalls to facilitate the movement into and out of the parking stalls. 6. 8. The City of Meridian Zoning and Development Ordinances of the Schedule of Parking Space Requirements in 11-2-414 (E) states as follows: 1. 2.c. Community Service Uses (1) .. . (2) . . . (3) . . . (4) Churches & other places of religious assembly One (1) for each five seats; (5) . . . (6) .. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 29 (7). . . (8). . . 9. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code, Section 67-6512, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 10. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 11 . This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11 ~2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 12. Section 11 ~2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 30 of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Ordinance; c. The use would be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area; d. The use would not be hazardous or disturbing to existing or future neighboring uses; e. The use would be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use will be detrimental to the economic welfare of the community; g. The use would 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; h. The use would have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property would not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 31 13. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, if a permit is issued, to wit: 1. The conditional use permit shall not be transferable to another owner or lessor of the subject property or to another property. 2. The Applicant shall meet the requirements of the City Engineer's office, The Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian sewer Department, Central District Health and Nampa & Meridian Irrigation District and other governmental agencies submitting comments. 3. Coordinate fire hydrant placement with the Meridian Public Works Department. 4. The conditional use shall not be restricted to a period of authorization but may be reviewed upon notice to the applicant, for violation of any conditions imposed herein and any violation of the Meridian Municipal Code. 5. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site. 7. All parking stalls are to be a minimum of 9'x19' with 25' driveways per City Ordinance. Compact stalls may only be approved with the approval by the Planning and Zoning Commission FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 32 8. Provide handicapped accessible stalls in accordance with ADA, including appropriate signage. 9. Significant changes as determined by the Planning and Zoning Administrator from the site plan approved under this conditional use permit shall require re-noticing and rehearing before the Planning and Zoning Commission and the City Council. 14. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 15. It is recommended that the request for the conditional use permit be approved. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED ~r COMMISSIONER DeWEERD VOTED M/-<, COMMISSIONER SMITH VOTED 4cl-t COMMISSIONER NELSON VOTED .dh:H;-~ CHAIRMAN MacCOY (TIE BREAKER) VOTED - ~.... -'-- FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 33 DECISION AND RECOMMENDA rlON The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application. The Applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: 6-26-98 - Draft C)h'~ f-1/1jf'8 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT Page 34 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and .p. Conclusions of Law on this I t3 -- day of /1u rJ i , 1998. ROLL CALL COUNCILMAN BIRD VOTED ~ COUNCILMAN BENTLEY VOTED ~J.AL COUNCILMAN ROUNTREE VOTED ~iUL COUNCILMAN ANDERSON VOTED ~ MAYOR CORRI E (TIE BREAKER) VOTED (INITIAL) APPROVED ~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - UU f' jJCL/L.b~ 113/- hrr Cfu-vLvA- h,1 /S-hA-hn-- ~~ .-;4-L ~;cI/d<-- G <9~ 7;i/~?C~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KANTI PATEL CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BETWEEN 1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1998, at the hour of 7:00 orclock p.m., the Applicant, appearing through i ts representative I Rocky Towle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998 hearing; that the public was given full opportunity to express comments and submit evidencej and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 1 address is listed in the application as between 1-84, Eagle Road, Gentry Way and Allen Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant 1S the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as (C-G) , General Retail and Service Commercial. The proposed use of the property is to construct a three story motel. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Rocky Towle testified substantially at the hearing as follows: He noted that the construction of the three story motel would border the 1-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remain a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back- up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACHD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 2 previous owner and the applicant went through both the City and ACHD. ACHD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. It was a shock to the previous applicant knowing he had to buy it rather than just vacating it. At the ACHD the tech staff have backed their positiont but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. I f they have to dedicate to the ACHD four feet on Allen Way and Gentry WaYt then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setbackt and a 16-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and theytve narrowed the driveway to stay within the 35- foot setback. Pertaining to the parkingt there are 69 parking stalls and 67 rooms. Parking shouldn t t be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District/s requirements are that from Magic View down to where their property starts t down to Gentry WaYI that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curbt gutters and sidewalk. No curb and gutter before Gentry Way. Discussion between Mr. Towle and Commissioner Borup pertained FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 3 to the ingress and egress that would be out to Magic View and then on to Eagle. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained! enclosed area. wi th regard to the lighting! an engineer will handle the lighting. The lighting is to be directed so it maintains on the sit e . Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. The exterior finish would either be synthetic stucco or a dri vi t system. Additional comments pertained to either the purchase of all of Gentry Way or half of it and with that the motel would move back. Mr. Towle addressed Commissioner Smiths comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it will be a monument sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 4 intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 5. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACHD were dragging their feet, and when more businesses come in for development, then they would re- address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed her concern over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACHD can be approached with this issue once agaln. Commissioner Borup addressed the fact that the ACHD was proposing another access up at the light on the north end of the subdivision, but he was not FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 5 sure when it would happen. They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turni this would be the new street. 6. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD would do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other.H 7. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACHD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 8. Bruce Freckleton, Assistant to the City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 6 addressed the Commission with the following comment. With regard to the legal description submitted for the annexation, the surveyor noted there were some conflicts with monumentation on the ground versus his survey. He was going to be preparing a new legal description. This legal would be based on field survey, and he would like to incorporate the new legal description in the annexation ordinance. Commissioner Borup noted it needs to be included in the Findings as a condition on the annexation. Commissioner MacCoy added the comment that it would be added. 9. Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which respective comments are as follows. GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sect ions 11- 2 - 414 . D. 4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance wi th Americans with Disabilities Act (ADA) requirements. 3. 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. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 7 Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon notice to the Applicant. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. The treatment capacity of the City of Meridian's Wastewater Treatment evaluated. Approval be contingent upon additional sanitary proposed development. Plant is currently being of this application needs to our ability to accept the sewage generated by this 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 8 5. 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. In addition to these assessments, water and sewer "Late ComersfJ fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3-inch minimum can be determined. Please revise the landscape plans so landscape schedule matches call outs on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35-foot-wide landscape setback beyond required right-of-way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Unioni however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. signage plans must be included as part application for review and approval. Detailed of thi s 11. The Planning and Zoning Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Parking requirements for a motel/hotel are one per room and one for each two employees. Sixty-eight FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 9 spaces were counted on the plans. It would seem that more than two employees would be on site at anyone time. 13. A screened trash enclosure needs and depicted on the plans. location and sizing requirements Services, Inc. to be provided Coordinate the with Sanitary 14. Gentry Way, north of this property, was never constructed and was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknown; apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. 10. The Meridian Fire Chief, Kenny Bowers, submitted the following comments. He 1S requiring that all codes, water requirements and the placement of fire hydrants be met. Additionally, a 20 foot driving access all around the building will need to be met. 11. The Meridian Chief of Police, Bill Gordon, commented that it was needed. 12. The Central District Health Department added the following comments. After written approvals from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. A plan review will have to be submitted regarding any swimming pools or spas. They recommend that stormwater be pretreated through a FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 10 grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for stormwater disposal and design a stormwater management system that will prevent groundwater and surface water degradation. Manuals for guidance were also suggested. 13. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 14. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 11 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is zoned (C-G) General Retail and Service Commercial. The (C-G) , General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-G) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as II Permits allowing an exception to the uses authorized by this Ordinance in a zoning district. II 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section condi tions minimi zing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 12 prescribe a set time period for which a conditional use may be in existence. 7. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 8. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 9. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinancej FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 13 b. The use would be harmonious with and in accordance with the Comprehensive Plan and this Ordinancei c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinitYi that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses. Further, the Applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The Applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are grantedi e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use will not create additional public costs. g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets. This should also be a condition of the Development Agreement and required to be entered into by the Applicant before any approvals are granted. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 14 10. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use are required, if a permit is issued, to wit: a. The conditional Ordinance, shall owner or lessor another property; use, not of pursuant to the Zoning be transferable to another the subj ect property or to b. The Applicant shall meet the requirements and comments of the City Engineerts office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance, in addition, flashing signs and temporary signs will not be permitted. All signs are subject to review. In addition to the Meridian Sign Ordinance, the Meridian City Council must approve all signage of any type. Sign permits are to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 15 obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City! s solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. 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 driveway and parking stall dimensions shall comply with Meridian City Ordinance. l. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department I and enter into an Assessment Agreement with the City of Meridian. j . The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling publicI as determined by the City of Meridian. k. Significant changes from the site plan approved under this conditional use permit I as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 1. It shall be a condition of the conditional use permit that the Applicant enter into a Development Agreement with the City of Meridian. The conditional use permit shall not be granted or become effective until the Development Agreement is executed and recorded. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 16 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 17 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED A y--<. V COMMISSIONER de WEERD VOTED Au..L v COMMISSIONER SMITH VOTED NO COMMISSIONER NELSON VOTED ..4.0 '1~y1- CHAIRMAN MacCOY (TIE BREAKER) VOTED ------ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements! the Fire and Life Safety Codes! Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: ~'11.-' APPROVED: 7~7-98 -- FINAL ,/~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL DISAPPROVED: Page 18 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 1!3 .?J. day of /lu-f)~r.J:/- , 1998. (/ ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY VOTED~ VOTED~ VOTED~ VOTED~ COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVE~~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ eu jJ ~ tfL .;? d 10;-'1 J4.-a:f~ /C4A'l/i /ar-e-L v (; /. ' '. , ... <-I?) i ,/" ~ECOROE - t;'/~~i.~~:~ ~ J, DAVID n':"VARfW ~ /)(11 c; BOISE. iDAHO Y r r fEE 1998 SP -3 PH I: 26 90085 i 55 CITY OF MERIDIAN U ORDINANCE NO. 797 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RESIDENTIAL (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being a portion of the South % of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly ~escribed as follows: Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Thence South 89034'22" East 1,340.30 feet along the southerly boundary of the Southwest % of said Section 20 to the Southwest corner of the Southeast % of the Southwest % of said Section 20, the REAL POINT OF BEGINNING of this description; WESTPARK COMPANY, INC. SHERBROOKE VILLAGE SUBDIVISION ANNEXATION/ZONING 1 Thence North 00034'24" East 516.00 feet along the westerly boundary of the Southeast :4 of the Southwest :4 of said Section 20 to a point; Thence North 89034'22" West 16.75 feet to a point; Thence North 00030'53" West 128.90 feet to a point; Thence North 00025'38" East 50.00 feet to a point; Thence South 89034'22" East 258.32 feet to a point of curvature; Thence along a curve to the left 102.52 feet, said curve having a central angle of 33034'00", a radius of 175.00 feet, tangents of 52.78 feet and a long chord of 101.06 feet which bears North 75047'00" East to a point of tangency; Thence North 59000'00" East 169.23 feet to a point of curvature; Thence along a curve the right of 68.56 feet, said curve having a central angle of 31025'38", a radius of 125.00 feet, tangents of 35.17 feet and a long chord of 67.71 feet which bears North 74042'49" East to a point of tangency; Thence South 89034'22" East 93.97 feet to a point on the easterly boundary of the West ~ of the Southeast :4 of the Southwest :4 of said Section 20; Thence South 00034'22" West 827.04 feet along the easterly boundary of the West ~ of the Southeast :4 of the Southwest :4 of said Section 20 to a point on the southerly boundary of the Southwest :4 of said Section 20; Thence North 89034'12" West 640.00 feet along the southerly boundary of the Southwest:4 of said Section 20 to the REAL POINT OF BEGINNING of this description, said parcel containing 11.01 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City Residential (R-4). WESTPARK COMPANY, INC. SHERBROOKE VILLAGE SUBDIVISION ANNEXATION/ZONING 2 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this of ./Jl~,r(~crt , 1998. APPROVED BY THE MAYOR OF TH of hLuqu.s-!- ,1998. (/' I J2 f/.. 12/ -- day I g I'!::- day .A..A... R \\\\lHHlflull/ \\\\ ,..g:; l,$C' 11I1I .,,\'1; ..J U. ",t~j";..f.... ...,\~" --~<...~... '::.., ~ ...\.. ~....... ~sII. v i' v'." r"CO\YiI ~~~.Y ~ ....~. ..",. ~ ~ ~ 081798 -- Final ~ SEAL ~ WESTPARK COMPANY, INC. ~ ~ #. i SHERBROOKE VILLAGE SUBDIVISIG..N76 ~~r :'( "\ ..0 f ANNEXATION/ZONING % ~Co. 19 . ~~....f ""'; f ",.-.J \"v ,.:;; I~ Vi'\! ~ l' \,\ -"" . \\\ 1111111Inn\l\\ 3 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. 797, passed by the City Council of the City of Meridian, on the 19f:f day of August, 1998, is a true and correct copy of the original of said documenf which is in the care, custody and control of the City Clerk of the Citv ~t,Mteridian.." . \\(hl 11111 " \\\ ~ M~'I ., ~'\'\~"",, Vi __ ~/I"~ ~~ !'(}~'i~\. . -., . ~~. Q ~ ~ <fl..---.6< j)e.~ . - ~ ~ SEAL ~ ILLlLAM G. BERG, JR. f/ \ ~- "~R j ~ "1..... "~r 1"'''i . ;:; STATE OF IDA~'V.o;V ... ~..$' ;';.r1~ ..,...; () ,...' 1"1 N ~ l' \\\' J I if' 11\\\ County of Ada, ) 1I1l! nlU , On this /?f day of August, in the year 1998, before me, An OLP L' ,~i 'rVl s, , a Notary Public, appeared WlILLlAlQ1 G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and l-=:1cknowledged to me that he executed the same on behalf of the City Of Meridian. f.""~ ~~D~;;~hm i ,-,"''0 . ~QQ ~"i~ 013.L L. Sl <?Q4'4'4'; <'1 ltri~ 0000..0"'0$0 ~<P ..~~ l$E~' e", ~ :: :...:. 0 T A~ ~~ \1lI \ ~ e ~ ~ e ~ ~ . .. EI :: * (> _._ III * ::: :; : : :: ~ '"Ill PUB1,\'C l E i<' ,,," 0 .fP'" ~ V'~ .~ ti". C ~ i<' .r' 0... ~<P. --1,. 0....6 ~~ ft.">'" ~4'Q4'1l 11 Of \'P ,'I1>~"t; ~aQI/'UUlll'llt'l>t: CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN {I: . '/ 'd/;r( ~' RECOR~ED - R~ EST OF AD~. g~,~;;lJ~~AJf~~8U~ "13 pq!J I I, } f-J~tIV ~ BOISE. IDAHO fE~ lY , 1998 SP - 3 PH I: 26 9 8 0 8 5 I 5 It CITY OF MERIDIAN ORDINANCE NO. 798 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit A parcel of land being a portion of the E % of Section 17, 1. 3N., R. 1 E., B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E % of Section 17, T. 3N., R. 1 E., B.M., Ada County, Idaho; Thence N. 63055'56" W. 35.55 feet to a point; KANT I PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C~G 1 Thence N. 2000'57" E. 43.87 feet to a point; Thence N. 0~2'33" W. 45.00 feet to a point; Thence S. 89037'27" W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S. 35043'47" W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79018'50" W. 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent cUlVe to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23053'24", a length of 435.27 feet, a long chord bearing of S. 67015'48" W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. O~1 '33" W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way line of Allen Street and continuing N. 89037'27" E. 589.68 feet along said centerline of Gentry Way to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City General Retail and Service Commercial (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area KANTI PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C-G 2 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l$fA day of August, 1998. APPROVED BY THE MAYOR OF THE TY OF MERIDIAN, IDAHO, this / &-I-,{ day of August, 1998. 3 ~)( . CITY CLERK.-~ 9- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached cPpy of Ordinance No. 798, passed by the City Council of the City of Meridian, on the jfj'13: day of August, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the r.jtv Clerk of the City of Meridian. ,\\\~u", if'lllll ~\ .-.JI!: ~/I. *","<3 '" Vi 1.1.."" ' ~~ '{. ~'i; v~ " ~ l:e..." ~ .... S -~ 1; f SEAL ~ \ 7~ ~ JP..o j STATE OF IDAI-ft3~~ r 1'3' ~. ~~' .", ~ ~ ~ ", "f'r, tIN ~ ,. "" J, . \\' County of Ada, ) lil/"H 11\"'\ day of August, in the year 1998, before me, / '""\0.Q.... nl: l' , a Notary Public, appeared W 1L.:L1A G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. \.1;,' ,~aaD i1'U04Qa ~......... :'lot.. L. 8l 6'''''''4>", ...... ~cj g$O'$GO"o ~~ :,pi! ~ '<;roY. f;l~ e., <.r ":0: ~t:I-\&!' 00 ~ .. : ~ 0 T Al( ~~ \, \ : .~.... -40 SiI PIt (:I (1) :: :-: ..L. -; ~e~ : * : ~-x.EI C0 lll:IJ ":. "PUB~ \: '" :: ~ ~ ]..J ~ ~ ~ ." OG 00 0 'l> .. Y',. "'0 0 ...">.:' ::' "'", .r 4 00000000 i>'" ~'O; ......4>0 l'S OF \"9 ~........ OOD ,~ OCDlIDa alU'" CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING ORDINANCE NO. 753 - LID 97 -1, "AN ORDINANCE FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, READOPTING THE FINDINGS FOR THE CREATION OF A LOCAL IMPROVEMENT DISTRICT CREATING LOCAL IMPROVEMENT DISTRICT 97-1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of said City to repeal Ordinance No. 753; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Ordinance No. 753, of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: EFFECTIVE DATE: This ordinance shall become effective immediately upon passage and publication by the City Council of the City of Meridian and shall apply to all present and future Cherry Lane LID's. / C! .f_1i. PASSED AND APPROVED this tV day of August, 1998. CITY OF MERIDIAN t:-.- LLIAM G. BERG, 08-13-98 - Final REPEALING CHERRY LANE LOCAL IMPROVEMENT DISTRICT ORDINANCE OF THE CITY OF MERIDIAN 1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CITY OF MERIDIAN SHERBROOKE VILLAGE SUBDIVISION WEST PARK COMPANY. INC. ANNEXATION AND ZONING NORTH OF VICTORY AND WEST OF EAGLE ROAD SE % SECTION 20~ T. 3N.. R. 1 E. MERIDIAN~ IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, hearing, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's Representative, BECKY BOWCUTT, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearings scheduled for Ju ne 17, 1998, FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 1 the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; the property is approximately 7.58 acres in size; it is North of Victory and :4 mile East of Locust Grove, Ada County, Idaho. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential. 4. The general area surrounding the property is used agriculturally and residentially; that much of the residential property in the area is zoned R-4 Residential with some of it developed at less density than allowed in the R-4 zone; that Sherbrooke Village Subdivision will be an R-4 development. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Westpark Company, Inc., is not the owner of record of the property. 7. That the property included in the annexation and zoning application is within the Area of I mpact of the City of Meridian. 8. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 2 Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential. 10. That the property can be serviced with City water and sewer. 11. That the public testimony given at the hearing before the Planning and Zoning Commission was as follows: 12. Mrs. Becky Bowcutt was sworn in by the Assistant City Atttorney. She noted that the proposed Sherbrooke Village subdivision abuts up against the approved Sherbrooke Hollow subdivision. She noted that there was one existing home on the parcel that will remain. She noted that the streets in the subdivision will be 37 foot sections with 5 foot sidewalks on both sides. She noted that the highway district requested a 45 foot right of way. Further, they require 5 feet of detached sidewalks on Victory Road. There wil be 31 lots with 2.82 dwelling units per acre. The lots will be 8,000 square feet with the required 80 foot frontage. The developer is working with the Nampa- Meridian Irrigation District to pipe and relocate a ditch that exrtends to the Nine Mile Drain. She noted that the 31 lots would connect to the pressurized irrigation in Sherbrooke Hollow. They will have a shallow well as a secondary source of water. She noted that they received a permit from the Dept of Water Resources for the secondary well in the event of an emergency. They have otherwise entered into a license agreement with Nampa -Meridian Irrigation District to take over the system. 13. Commissioner Smith inquired whether the detached sidewalk would extend FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 3 across the existing lot and the front side of Victory Road. Mrs Bowcutt noted that the sidewalk would extend 640 feet, which would be the full length of the property. 14. Commissioner Borup inquired whether the applicant had any problems or concerns with the staff comments. Mrs Bowcutt noted that they have no problems. 15. Commissioner DeWeerd inquired about the existing home and whether the owner approved of the development. Mrs. Bowcutt noted that the home has been sold to Westpark Company. 16. There was no further testimony at the hearing. 17. The Meridian Police Department submitted no comments. 18. The Meridian Fire Chief, Kenny Bowers, submitted the comment the Department would not have a problem with the annexation and zoning. 19. The Central District Health Department submitted that they have no objection to the proposal. After written approval from appropriate entities are submitted they can approve this project for central sewage and central water. The plan for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare. 20.. The Nampa & Meridian Irrigation District had no comments on the application. 21. That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari Stiles, Planning and Zoning Administrator, specifically commented as follows: GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, 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. b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation. c. Provide five-foot-wide sidewalks in accordance with City Ordinance 11-9- 606.B. d. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. e. That water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. f. Coordinate fire hydrant placement with the City of Meridian's Water Works Su perintendent. g. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. h. Respond, in writing, to each of the comments contained in this memorandum by 5:00 p.m., of the Tuesday prior to the scheduled hearing by the Planning and Zoning Commission. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS: a. The legal description submitted with this application includes a portion of the property that was annexed as Sherbrooke Hollows Subdivision. Please submit a new legal describing only that portion of property not previously annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 5 b. Sanitary sewer service to this site could be via extensions from the trunk line system installed as part of the Los Alamitos and the proposed Highlands Ranch Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. c. Indicate the existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. d. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 3. Fees are to be paid prior to signature of City Engineer on the final plat. e. 250- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. f. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. g. Applicant has provided subsurface soil information that was gathered in 1996 and 1997 for the Sherbrooke Hollows Subdivision. From that information, it isn't clear whether any of the test holes are within the boundaries of this proposed development. Please provide the Public Works Department a letter from a soils scientist that defines the subsurface soils condition, including an elevation referenced to project datum to the "normal" high ground water, within the boundaries of this proposal. If this requested information can't be determined from the existing data that was submitted, then possibly additional test holes and monitoring will be necessary. The design centerline of the streets shall be a minimum of (3') 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING feet above the "normal" high ground water elevation as established by a soils scientist. h. Construct six-foot-high, permanent, non-combustible perimeter fencing along the eastern boundary against the "Unplatted RT" property. Fencing is to be in place prior to applying for building permits. i. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. j. A development agreement is required for this project, as a condition of annexation of the property. 30. That the R-4, Residential District is described in the Zoning Ordinance, 11- 2-408 B. 3. as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian.; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that in annexation the City may, as a condition of annexation, require a higher minimum house size than 1,400 square feet. 31. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning. 32. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1 U states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 7 "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities," 33. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided. . .n 34. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 35. That the Meridian Comprehensive Plan, under Population, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums. " "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 36. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is continuing; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 8 37. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 38. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 9 39. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide.ll 40. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 41. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;tt 42. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To playa major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 10 and 6. To link residential neighborhoods, park areas and recreation facilities." 43. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 44. There was no further testimony given at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the City Council has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW- SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 11 5. That the City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls. 105 Idaho 65,665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer's office, including those specifically stated in its comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 12 and addressed in a Development Agreement. 12. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance except as otherwise required herein; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2- 416 Land 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Stiles. That the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 13. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 14. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 13 15. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the best interest of the City of Meridian. 17. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER KEITH BORUP VOTED-+ VOTED~ VOTED A-b'SL-7-tr- VOTED A;-e VOTED - COMMISSIONER BYRON SMITH COMMISSIONER MARK NELSON COMMISSIONER DeWEERD CHAIRMAN MacCOY FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 14 DECISION AND RECOMMENDA liON The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, and the conditions of these Findings and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: C)?;"7.- 7 -9-98--Fill,iSI1 ~ 1/1 g DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SHERBROOKE VILLAGE SUBDIVISION R-4 ANNEXATION AND ZONING 15 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED~ VOTED {~ VOTED~ VOTED dL.-aMfJ- MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVED_~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF lAW - ANNEXA liON & ZONING FOR SHERBROOKE VillAGE SUBDIVISION MERIDIAN CITY COUNCIL AGENDA 1. TABLED JULY 21,1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES BY EAGLE PARTNERS - NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: 77L<<:e u.-".;f? 2 J 0/ r, / fp ~ry-. TABLED AUGUST 4, 1998: ACTION ON VISION STATEMENT BY ARDEN DAVIS AND LORI JONES: d-dopt- ORDINANCE #797 - SHERBROOKE VILLAGE SUBDIVISION ANNEXATION AND ZONING: a.;::'i9rov.e- ORDINANCE #798 - KANTI PATEL ANNEXATION AND ZONING: .a-p p rv Vf!.- ORDINANCE #799 - REPEALING CHERRY LANE LOCAL IMPROVEMENT DISTRICT: ~ppro v.e... ORDINANCE #800 - CITY OF MERIDIAN !IDAHO POWER FRANCHISE: rea.c( 8'hCR.... CC7~ ISP reC<Lt(~ CONTINUED PUBLIC HEARING: REQUEST FOR CONt5ITIONAL USE PERMIT FOR A 3 STORY MOTEL BY KANTI PATEL -1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: P~jJ?l r-pvu.- /1 ~ I c../L ?'v?)ll 0 L'I.<::" cUe.-< r ; ~ 2. 3. 4. 5. 6. 7. 8. TABLED AUGUST 4,1998: REQUEST FOR PRELIMINARY PLAT (31 LOTS ON 11.01 ACRES) FOR PROPOSED SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. - NORTH OF VICTORY & % MILE EAST OF LOCUST GROVE: _ q:;pr-ct/..f:- ~.;> /4 ~^'.3 sh-;0t- u'l),"d"h~ 9. TABLED AUGUST 4, 1998: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD: /&;P?F"&ViiZ -//-Fi C:/L 7PYl)r1"e deC/T/~ 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY F ARWEST DEVELOPERS - NORTH OF VICTORY AND WEST OF EAGLE: ~6ee ~n7 J-e'p7~ lS'p 11. TABLED JULY 21,1998: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD: ra-O& ~-h7 Jrb;CJf. /SJt . 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CONTRACTORS' YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING - LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION: -lev8-&.. ~ J .e;or:. ( ~ 13. REQUEST FOR CONDITIONAL USE PERMIT FOR TABLES AND CHAIRS FOR OUTSIDE S~TING BY WILD WEST BAKERY - 611 E. 1ST STREET: a;D;PTl)v-f -P/~ '1' c/c ?lJ9Pyov-e Ct<. P 14. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT BY BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE - LOTS 3, 4, 5 & 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION: a-ppnPv.e -/'I,c f cjc. C?ri~c;( cv!?J7'z'tre Cup 15. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF-PREMISE SIGN AT S. PROGRESS AVENUE /1-84 BY R.T. NAHAS COMPANY -INTERSTATE 84 AND EAST 1ST STREET: r/.j' -/ elr ..t2etfJtLf de?T /ZJ ~/;;CVl..{ 7/1 ~ ' 16. FINAL 'PLAT FOR CROSSROADS SUBDIVISION NO.7 BY J. RAMON AND MARILYN YORGASON - SOUTHEAST CORNER OF EAGLE & FAIRVIEW: ~h9v.e- 17. DEPARTMENT REPORTS: GORDON: RSO AGREEMENT. 4PPy/!)VJ2./ CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET NAME ..~ 're' )11.. ~/( ;)0;) ~("~ .t \1: 0> ll1t:mJ ~ . u: If hI.< '5e6J ^'~llJ R- Ii I N l~ 1--1 tIN SerJ , PHONE NUMBER trt?-~3Jr~1 ~3 .G' Z5 .~ cf{y/ j)CZ7-Y7CJ5 ~;?1 - 4 79C; ./ CITY OF MERlDlAI' PUBLIC MEETING SIG1'l-UP S1lEE1' NA "E. -- - - -:::~ ~ 0- 38'7- 1'78 1~~~ .- M ~ ~. ~~i~ ~- - -~-~~ = ~~- ,-~ ~ = ~ . - =-==- -=- -- .-- -- - - ~ - ==-= . - ==--= -:-~~-_: Meridian Vision Statement Meridian is a vibrant community at the center of the Treasure Valley dedicated to embracing its heritage and providing a high quality of life where its citizens live, work and play. Whereas, the Meridian Vision Statement provides direction and feeling for our community, history, transportation, economic and commercial growth, housing, recreation, city services, culture, beautification and education contribute to achieving this vision. To fulfill our Meridian Vision Statement, the community needs to proceed with the consensus process to evaluate and make recommendations that lead to achieving our Vision. Whereas, the Meridian Vision Statement is a vision drawn from the consensus of our community, the individual areas need to be developed to support our Meridian Vision Statement. Cooperation, collaboration and consensus of the many constituents will lead to the successful implementation and achievement of our Meridian Vision Statement. Therefore, the request is hereby made for the Meridian City Council to adopt the Meridian Vision Statement as sho\VI1 above; and, furthermore to support and call together such ad hoc committees as necessary to develop mission statements and to implement actions that will lead to achieving our Meridian Vision Statement. Prepared for the Meridian City Council for their meeting August 4, 1998 Prepared by: Arden V. Davis BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILD WEST BAKERY AND ESPRESSO 611 E. 1 ST ST, MERIDIAN, IDAHO APPLICATION FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearings on June 17, 1998 and continued to July 14, 1998, at the hour of 7:00 o'clock p.m., that Carolyn Jansen, the Petitioner, appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for June 17, 1998 and continued to July 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the hearing June 17 1998, continued to July 14, 1998; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 2. The property is located wi thin the City of Meridian at 611 E. 1st St. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. 3. The Applicant is not the owner of the property; that the owner of record of the property is Zamzow's, Rick Zamzow, President: that the owner had submitted a consent to this application. 4. That the Application requests a conditional use permit for table and chairs on the sidewalk out in front of their business. 5. That the property is zoned Old Town (OT). 6. That the Old Town (OT) District is described in the Zoning Ordinance, 11-2-408 B 14 as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 7. That the land is presently used as a florist shop and a bakery and espresso shop. 8. The matter was continued from the June 17, 1998 hearing, WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 until July 14, 1998. 9. The testimony given at the July 14, 1998, hearing as follows. 10. Carolyn Jansen was sworn in by the Assistant City Attorney. Ms. Jansen testified that she desires to put tables and chairs outside her business. She noted she wants them out right away. Customers are inquiring when they will be able to sit outside. She presented some drawn pictures, and also noted that the has talked with the ACHD. She also has the license agreement going. Commissioner Borup only noted that the only concern of anyone is that it doesn't block the sidewalk. He also noted Ms. Jansen had already indicated it in her plan, and there would be room. Ms. Jansen testified that the Planning and Zoning Commission wanted 8.5 feet; that the ACHD wanted 8 feet, and she has allowed for 9 feet. 11. The Meridian Planning and Zoning Administrator, Shari Stiles, and the Assistant to the City Engineer, Bruce Freckleton submitted comments as follows: 1. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All Signage shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. The signage proposed is not in conformance with existing policy and the Uniform Sign Code. 2. Screened trash accordance with enclosures are City Ordinance. to be provided in Coordinate dumpster WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. The existing dumpster site needs to be enclosed in accordance with City Ordinance. 3. A minimum five foot wide unobstructed pathway is to provided at all times between any planters and the outside seating area. 4. Sanitary sewer and water to this facility would be via the existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regard to your anticipated water demand. Applicant will be required to enter in to an Assessment Agreement with the City of Meridian. 5. This conditional use permit shall be subj ect to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. 12. Meridian Chief of Police, Bill Gordon expressed concern about blockage of the sidewalk and who would be checking on preventing the blockage of the sidewalk. 13. The Central District Health Department had no objection to this project in a response dated May 28, 1998. 14. There was no further testimony given at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4. conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned (OT) Old Town which is described in the Zoning Ordinance, 11-2-408 b 14 as follows: (OT) (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the communitYi to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho, as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district.n 6. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 7. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Corrnnission shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Corrnnission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the corrnnunity. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required and the parking layout must meet the requirements of the City ordinance and should provide for additional parking beyond the ordinance requirements. i. The development and uses will not result in the WILD WEST BAKERY &. ESPRESSO CONDITIONAL USE FINDINGS OF FACT &. CONCLUSIONS OF LAW Page - 6 destruction, loss or damage of a natural or scenic feature of major importance. 8. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 9. It is further concluded that the comment s , recommendations and requirements of the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 10. It is concluded that the Applicant shall be required to meet the requirements of the (OT) Old Town District. 11. It is recommended that the conditional use permit be granted. WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Borup VOTED ~~ V COMMISSIONER Smith VOTED ~L4V COMMISSIONER de Weerd VOTED ~~ COMMISSIONER Nelson VOTED r-~~ CHAIRMAN MacCoy(TIE BREAKER) VOTED RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for outside seating with the conditions set forth in the Findings of Fact and Conclusions of Law, and all of the Ordinances of the City of Meridian. MOTION: DISAPPROVED: WILD WEST BAKERY & ESPRESSO CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this /8' ~ay of I7u.;uSf- , 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED (~ VOTED ~... VOTED~ VOTED ~A MAYOR CORRIE (TIE BREAKER) VOTED (I N ITIAL) APPROVED ~ "'" DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Ca P tv/fa tt/eJ-I- /34i.ef-'j ~ 62vvrJl'd.e r::Ff:c:uf-r~1